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Al-Manhaj: Jurnal Hukum dan Pranata Sosial Islam
Published by Institut Agama Islam Sunan Giri Ponorogo
ISSN : 26861607     EISSN : 26864819     DOI : https//doi.org/10.37680/almanhaj
Core Subject : Religion, Economy, Humanities, Social,
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice
Jurnal ini dikelola oleh Fakultas Syariah INSURI Ponorogo dan terbit dua kali dalam satu tahun (Januari dan Juli) dengan E-ISSN 2686-4819 dan P-ISSN 2686-1607. Hadirnya jurnal Al-Manhaj guna mewadahi karya tulis ilmiah dari civitas akademika, peneliti, mahasiswa, dan praktisi di bidang hukum dan hukum Islam yang memiliki nilai baik dan rasionalitas tinggi. Ruang lingkup pembahasannya meliputi ilmu hukum, hukum perdata, hukum pidana, hukum tata negara, hukum bisnis, hukum administrasi negara, hukum Islam, ahwal syakhsiyah, muqaaranah al-mazaahib, jinayah, siyasah, muamalah, dan pranata sosial Islam.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 749 Documents
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Juridical Review of Inconsistency in The Implementation of Nafkah Iddah in Religious Court Rulings Pratiwi, Widya; Tjoneng, Arman
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 6 No. 2 (2024)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v6i2.5166

Abstract

In divorce cases involving talak ba'in sughra, providing iddah maintenance for ex-wives is still a controversial issue in legal practice. SEMA Number 2 of 2019 emphasizes that even if a wife is divorced through talak ba'in, she is entitled to iddah maintenance by prioritizing humanitarian considerations. However, irregularities arose due to differences in interpretation among judges, some of whom adhered firmly to Article 149 letter B and Article 119 of the Compilation of Islamic Law, which stipulates that a divorced wife is not entitled to iddah maintenance. This inconsistency results in wives' rights not being enforced evenly, thus compromising justice. This research uses normative juridical methods to analyze the application of law and legal interpretation regarding maintaining iddah. This underlines the critical role of the judge in determining the extent of the wife's right to iddah maintenance after divorce. To reduce this gap, there is an urgent need for the Supreme Court and high courts to align their interpretations. Achieving consensus regarding the implementation of SEMA Number 2 of 2019 across all judicial bodies will ensure consistent and fair treatment of wives who earn iddah income, align legal practices with humanitarian principles, and safeguard women's rights in the divorce process.
The League of Imams and Alphas in Yorubaland, Edo, and the Delta (Rābiṭah): The Journey So Far Akanni, Akeem A.; Ajani, Oni Idris; Busari, Saheed Abdullahi; Amina, Dawodu O.
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 6 No. 2 (2024)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v6i2.5339

Abstract

The southwestern region of Nigeria, primarily inhabited by the Yoruba people, has a significant Muslim population with a rich history dating back centuries. The establishment of mosques and the spread of Islam in the region was a gradual process that led to the formation of the League of Imams and Alfa in Yorubaland, Edo, and Delta (RābiTah) in 1962. This research examines the history, role, and challenges faced by the RābiTah in advance the interests of Muslims in the region. The research method used is a doctrinal approach with qualitative methods to collect and analyze information related to RābiTah. The study found that, over the years, RābiTah has achieved essential accomplishments such as becoming a respected regional Muslim league, holding annual meetings, resolving disputes, and providing awards to deserving individuals. However, the RābiTah also faced challenges, including encroachments on the Imam's authority, tribalism, political interference, and disputes among the ulama. Additionally, preferences for foreign religious rules and divisions among native clerics posed obstacles to RābiTah's goals. The implications of these findings suggest that to overcome these challenges and achieve its goals, RābiTah must prioritize unity among ulema, establish a governing body for Islamic teachings, learn from international Islamic organizations, advocate for the welfare of Imams, and increase public visibility through educational programs and outreach activities. Hopefully, these recommendations will help Rābitah strengthen its role and contribution to Muslims in the southwest region of Nigeria.
Reinterpreting Constitutional Law through the Lens of Islamic Sufism: A Theosophical Approach to Governance and Legal Principles Bidabad, Bijan
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 6 No. 2 (2024)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v6i2.5345

Abstract

The fundamental principles of constitutional law are outlined concisely, though they are reinterpreted in this work through the philosophical lens of Sufism. While these principles are traditionally embedded in constitutional texts, they are reconceptualised here based on Sufi thought. Key concepts such as popular sovereignty, limitations on power, accountability of the governing bodies, separation and independence of powers, power equilibrium, central authority supremacy, transparency in governance, adherence to legal norms, and the mechanisms of checks and balances are critically examined. This study investigates the theoretical underpinnings of constitutional law from the theosophical and mystical perspectives of Islamic Sufism. By introducing ten foundational principles, the research aims to establish a robust framework for formulating and enhancing constitutional systems. Comparative analyses with Gnostic traditions from other religions could provide further insights. These principles offer valuable perspectives for academic discourse and have practical implications for advancing constitutional law and its reinterpretation. The inherent subtlety, sincerity, and ethical depth of Islamic Sufism provide a compelling perspective that may intrigue legal scholars and researchers. Despite its richness, the Sufi viewpoint still needs to be explored within public law studies. This paper introduces a novel and intellectually stimulating domain, inviting further scholarly inquiry.
Juridical Analysis of Directors Who Hold Concurrent Positions in Limited Liability Companies Rahman, Irsan; Polontoh, Herry; Katjong, Rizky Wisudawan; Katjong, Kadir; Katjong, Revie Kurnia
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 6 No. 2 (2024)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v6i2.5636

Abstract

The practice of concurrent positions carried out by the Board of Directors in the management of a PT does not yet have a legal basis regulated explicitly in Law Number 40 of 2007 concerning Limited Liability Companies (UUPT). Concurrent positions lead to legal loopholes that can cause potential losses to the company. This research aims to analyze the practice's suitability with the law's provisions and compare it with policies in the United States. This research uses a normative method with conceptual and statutory approaches and secondary data from relevant regulations. The results show that concurrent positions can cause conflicts of interest, weaken management, and undermine corporate governance. Legislation changes are needed in Indonesia to limit the number of positions a director can hold and impose more severe sanctions for violators. In conclusion, a law revision is needed to strengthen the regulation of concurrent positions to promote better corporate governance.
Freezing Of Single Woman's Egg Cells According To Sadd Al-Dzari'ah Analysis Arif, Achmad; Awalia, Fadhila Tianti Mudi; Lutfiah, Asti
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 6 No. 2 (2024)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v6i2.5861

Abstract

Egg freezing is a form of artificial insemination method legally permitted in emergencies. Still, the current phenomenon is that many women use it to postpone marriage and postpone having children at a young age with the desire to have children in their old age. Therefore, the author is interested in studying and discussing egg freezing with sadd dzari'ah analysis. This discussion aims to discover how egg freezing is carried out in women and how to analyze sadd dzaro'i in women who use the egg-freezing method. This research uses normative research that examines document studies using secondary data from legislation and legal theory. This normative research uses qualitative analysis from books, journals, and relevant articles to collect data using literature study techniques to find research results based on the Al-Qur'an and Hadith. As a result of this research, the author examines that egg freezing is permitted with syar'i conditions. However, what happens when it is used is non-shar'i washilah, so the impact on the mafsadah is greater than the benefit. Thus, the author concludes that it is better to abandon egg freezing to prevent greater harm, such as mixing egg cells. So, preventing something is better than bringing about forgiveness.
Promoting Inclusivity and Multiculturalism: The Role of Muslim Scholars in Cape Town's Community Peacebuilding Mohammed, Tawffeek; Al-Sowaidi, Belqes; Muhammed, Lubwama
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 6 No. 2 (2024)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v6i2.6051

Abstract

Religion plays a significant role in conflict prevention and peacebuilding, as demonstrated during the July 2021 riots in South Africa, when religious leaders actively contributed to reducing violence, particularly in KwaZulu-Natal. This study investigates the responses of Cape Town Muslim clerics and imams to the crisis through their sermons, focusing on their contributions to South Africa’s peacebuilding initiatives and the promotion of multiculturalism. Specifically, this study examines the Friday Nasiha (advice sermon) titled “Prayer Reflections on the Political Crisis of Our Country”, delivered by Imam Rashied Omer on Friday, 30 July 2021 (19 Dhul-Hijjah 1442) at the Claremont Main Road Mosque in Cape Town. Nasiha is analyzed within the framework of maqāṣid al-Sharīʿah (objectives of Islamic law) to evaluate its role in advancing peacebuilding efforts during the July 2021 unrest. Qualitative thematic analysis is used to explain how Islamic principles such as zakat (almsgiving) and ṣadaqah (charitable giving) address immediate socio-economic challenges and long-term structural justice. The findings underscore the role of religious leaders in times of conflict. The study concludes that Islamic teachings, when effectively applied in crisis situations, can significantly enhance peacebuilding efforts and support structural reforms in diverse societies.
Sulh (Resolution) of Family Dispute and its Application in The Shariah Courts of Malaysia Binti Che Adnan, Norfatin Najwa
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 6 No. 2 (2024)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v6i2.6087

Abstract

The resolution of family disputes through Sulh in Malaysia's Shariah courts represents a pivotal area of research that promotes peaceful conflict resolution, preserves familial bonds, and aligns with Islamic teachings and legal principles. This study examines the effectiveness of Sulh as an alternative dispute resolution (ADR) mechanism, emphasizing its capacity to address family conflicts in a culturally sensitive manner. By analyzing data from the Shariah Judiciary Department of Malaysia, which reported a considerable number of successfully resolved Sulh cases in 2021, the research underscores its role in expediting resolutions and alleviating case backlogs in Shariah courts. While Sulh demonstrates notable successes, public confidence in it remains limited compared to traditional litigation methods. The study seeks to identify factors contributing to the success of Sulh, proposing strategies to enhance its accessibility, transparency, and fairness. By offering actionable insights for policymakers, legal practitioners, and court administrators, this research aims to strengthen the Shariah court system's capacity to deliver justice efficiently, foster amicable agreements, and reduce the burden of extended litigation. Furthermore, the findings provide a foundation for legislative and legal reforms, including the development of comprehensive laws, guidelines, and training programs tailored to Sulh procedures. Ultimately, this research aspires to elevate public awareness and acceptance of Sulh as an effective ADR mechanism within the Islamic legal framework, promoting its broader adoption and understanding among Malaysians.
Model of Swamp and Peat Area Protection Policy Based on Justice and Local Community Empowerment Wijoseno, Taufik; Yulianingrum, Aullia Vivi; Elviandri, Elviandri
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 6 No. 2 (2024)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v6i2.6239

Abstract

Peatland management in Kutai Kartanegara faces major challenges, especially due to the expansion of the coal mining industry. Regional Regulation No. 1 of 2016 is designed to protect peat swamp ecosystems and support the welfare of local communities, but its effectiveness is questionable amid the rapid exploitation of natural resources. This study aims to evaluate the effectiveness of the 2016 Regional Regulation in maintaining ecological and social balance through normative juridical law analysis that includes related laws and John Rawls' distributive justice theory approach. The Normative Juridical Citation Method and data are collected from primary legal sources, including Law Number 26 of 2007 concerning Spatial Planning, Law Number 3 of 2020 concerning Amendments to Law Number 4 of 2009 concerning Mineral and Coal Mining, as well as Kutai Kartanegara Regional Regulation Number 1 of 2016 itself and secondary legal sources in the form of relevant literature, such as books, journals, articles and internet sources as well as mass media, both print and online and allow data triangulation to be carried out. The study results show that weak supervision and the absence of strict sanctions for mining companies hinder the optimal implementation of the Regional Regulation, causing adverse impacts on the environment and community welfare. The analysis shows that these regulations are not entirely fair to local communities that are vulnerable to the negative impacts of the mining industry. This study recommends the revision of the Regional Regulation to add strict environmental sanctions provisions and strengthen community participation in peatland management to achieve ecological justice that is in line with regional economic development.
MENGGAGAS HUKUM ISLAM YANG AKOMODATIF-TRANSFORMATIF DALAM KONTEKS LEGAL PLURALISM DI INDONESIA Syafi'i, Ahmad
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 1 No. 1 (2019)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v1i1.106

Abstract

Islamic law represents a whole of things. In the early times, Islamic law is a product of divine revelation, prophetic tradition, and custom. In this respect, Islamic law is not only as God's provision which deny human interest, but also human need to regulate society which undergo the on going process. Therefore, costums and traditions were the organic elements, which shape unity of law. Local knowledge and universal values fundamentally enriched Islamic law. This argument is debatable on account of how what some extent customs and traditions can influence or shape the Islamic law. Indonesia is not an exeption. Talking about Islamic law's position in the context of the Indonesian Legal Pluralism was not easy because it has something to do with the structure of Indonesian socio-cultural and socio political reality. This, in turn, needs the special policy through thought and political action.
PESANTREN DAN PENANAMAN SIKAP ANTI KORUPSI Fathoni, Tamrin
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 1 No. 1 (2019)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v1i1.107

Abstract

The purpose of this study is to explore the role of pesantren in instilling anti-corruption attitudes. Pesantren is empirically known as a successful institution in developing quality education, especially in the field of religion. In the midst of a number of compliments received from pesantren, there is criticism that must reflect the pesantren, that pesantren are considered to have not succeeded in perfectly educating students who have strong personalities in anti-corruption. That criticism is not without foundation. The ministry of religion which incidentally is the headquarters of the students, is also known as one of the ministries which often ministers stumble over corruption cases. Even though they are not a few who in their daily lives work as preachers and obligatory worshipers, and can even be categorized as scholars. This study uses qualitative research library type. Data collection by identifying discourses from books, papers or articles, journals, newspapers, internet (websites), and other information that is still related to pesantren studies. Data analysis uses descriptive analysis and critical analysis. Descriptive analysis is collecting and compiling data then the data is analyzed. Meanwhile, critical analysis is the interpretation of the text and addressing the meaning behind events scientifically. The results showed the need for pesantren stakeholders to reaffirm the pesantren culture to instill anti-corruption in their students. especially through his students. Because students with their pesanten culture (a) have a simple tradition of life an absolute requirement to be a pioneer of anti-corruption; (b) has strong religious insight, and (c) deep-rooted tradition amar ma'ruf nahi munkar.

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