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Al-Manahij : Jurnal Kajian Hukum Islam
Published by Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto
ISSN : 19786670     EISSN : 25794167     DOI : https://doi.org/10.24090/mnh
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
AL-MANAHIJ is a scholarly journal of Islamic law studies. It is a forum for debate for scholars and professionals concerned with Islamic Laws and legal cultures of Muslim Worlds. It aims for recognition as a leading medium for a scholarly and professional discourse of Islamic laws. Al-Manahij covers textual and fieldwork studies of Islamic laws with various perspectives. The journal is published twice a year (every June and December), and each publication contains ten articles in the field of Islamic law, therefore in a year, the journal publishes twenty articles. The journal presents qualified scholarly articles, which always place Islamic law in the central focus of academic inquiry. This journal is a forum for debate for scholars and professionals concerned with Islamic law and Islamic legal cultures within local and challenging global contexts. The journal invites any comprehensive observation of Islamic law as a system of norms in Muslim society. The journal has become a medium of diffusion and exchange of ideas and research findings, so much so that researchers, writers, and readers have interacted in a scholarly manner.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 8 Documents
 1 
Search results for , issue "Vol 11 No 1 (2017)" : 8 Documents clear
Good Governance dalam Perspektif Hukum Islam Kontemporer (Tinjauan Usul Fikih dari Teori Pertingkatan Norma) Ahmad Zayyadi
Al-Manahij: Jurnal Kajian Hukum Islam Vol 11 No 1 (2017)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (352.168 KB) | DOI: 10.24090/mnh.v11i1.1265

Abstract

The concept of good governance on Us}u>l al-Fiqh perspective is directed towards how to utilize the methods offered in the science of Us}u>l al-Fiqh to formulate Islamic legal principles to respond to the latest problems of all issues, and here I will specifically address the issue of good governance in the perspective of contemporary Islamic law. In this case, seeing the many problems, especially the corruption of governance, requires us to examine the current reality of these governance conditions for better, professional, responsible, trustworthy, and so on. One of them is by developing the concept of good governance with the hope of contributing to the development of better bureaucratic governance in accordance with the principles and values ​​in Islamic law such as equality, tolerance (tasa>muh), justice, welfare, consultation (syu>ra>), honesty, objectivity (comprehensiveness) and so on become an indication of good and clean governance. The approach used is the Us}u>l al-Fiqh approach as the epistemological and philosophical basis in Islamic law by describing the theory of new Us}u>l al-Fiqh as applied theory in exploring the values ​​of public services (good bureaucracy–good governance or other terms that can be called clean governance) in the eyes of contemporary Islamic law.
Keadilan Distributif atas Pembagian Harta Bersama dalam Perkawinan bagi Keluarga Muslim di Indonesia Siah Khosyi'ah
Al-Manahij: Jurnal Kajian Hukum Islam Vol 11 No 1 (2017)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (261.845 KB) | DOI: 10.24090/mnh.v11i1.1266

Abstract

The division of marital joint property after the breakup of marriage, whether dropping out of marriage due to divorce or due to death, is a new thing in Islamic jurisprudence (fiqh). This is because the concept of mutual treasure is not known in the books of classical Islamic jurisprudence of Muslim scholars of the schools at their times, in which their work are always made as referral in the legal cases up to the present days. In Indonesia, the distribution of common property is regulated in the Compilation of Islamic Laws Articles 96 and 97, which stipulate the rules of distribution of joint property for married couples whose married are off as a result of divorce or death. Article 97 of the Compilation of Islamic Law actually provides an overview of the flexibility of the distribution of common marital property, including in certain cases because the article is regulating (regelen) rather than forcing (dwigen), so that the division is not absolutely divided equally between husband and wife, and casuistically the provisions of that article may be disregarded.
Ragam Bangunan Perundang-Undangan Hukum Keluarga di Negera-Negara Muslim Modern: Kajian Tipologis Miftahul Huda
Al-Manahij: Jurnal Kajian Hukum Islam Vol 11 No 1 (2017)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (226.583 KB) | DOI: 10.24090/mnh.v11i1.1267

Abstract

The reality of the difference in applying Islamic law in the context of marriage law legislation in modern Muslim countries is undeniable. Tunisia and Turkey, for example, have practiced Islamic law of liberal nuance. Unlike the case with Saudi Arabia and the United Arab Emirates that still use the application of Islamic law as it is in their fiqh books. In between these two currents many countries are trying to apply the law in their own countries by trying to bridge the urgent new needs and local wisdom. This is widely embraced by modern Muslim countries in general. This paper reviews typologically the heterogeneousness of family law legislation of modern Muslim countries while responding to modernization issues. Typical buildings seen from modern family law reforms can be classified into four types. The first type is progressive, pluralistic and extradoctrinal reform, such as in Turkey and Tunisia. The second type is adaptive, unified and intradoctrinal reform, as in Indonesia, Malaysia, Morocco, Algeria and Pakistan. The third type is adaptive, unified and intradoctrinal reform, represented by Iraq. While the fourth type is progressive, unifiied and extradoctrinal reform, which can be represented by Somalia and Algeria.
Nikah Siri dalam Tinjauan Hukum Teoritis dan Sosiologi Hukum Islam Indonesia Aidil Alfin; Busyro Busyro
Al-Manahij: Jurnal Kajian Hukum Islam Vol 11 No 1 (2017)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (282.507 KB) | DOI: 10.24090/mnh.v11i1.1268

Abstract

The differences of laws in marriage registration have generated argumentative conflicts among the ulama. Some of them agree and the others disagree. Ulama who agree say that proscribing secretly marriage (nikah siri) is in accordance to Islamic law. Even though the regulation about marriage registration has been written in The Indonesian Act No. 1 of 1974 on Marriage and in the Compilation of Islamic Law in Indonesian, the practice of secret marriage is still existed among Indonesian Muslim society. They base their practices on what some of local ShafiiyahUlema say all the time that this kind of marriage is in accordance to shari’ah. It is common to say that Shafi’ischool of law is the largest shari’ahschool of law in Indonesia. In the sociology of Islamic law, most of the scholars in Indonesia who adhere to the Shafi'i school and also most of the Indonesian Muslim community adhere to the same school, may have a significant influence on the constraints of reform of Islamic law related to the registration of marriages in particular and other matters about marriage in general contained in the Law No. 1 of 1974 and the Compilation of Islamic Law in Indonesia.
Penerapan Hukum Wakaf Uang di Indonesia Perspektif Legal System Theory Masdar Masdar
Al-Manahij: Jurnal Kajian Hukum Islam Vol 11 No 1 (2017)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (268.908 KB) | DOI: 10.24090/mnh.v11i1.1269

Abstract

Cash waqf in Indonesia has been long enough implemented based on some rules enacted by government and other rules defined by The Waqf Board of Indonesia (BWI). However, the implementation of cash waqf has not reached the level of success. Therefore, this article studies the application of cash waqf law in Indonesia according to Friedman’s legal system theory. The legal system theory of Friedman firstly looks at the substance of the law, which is the rules or regulations; and secondly it examines the structure of the law, encompassing the law enforcement agencies, such as judge, prosecutor, police and legal counselors. And lastly the theory examines the element of legal culture, which is a response from Muslim society. The first two examinations indicate that there is nothing to be a problem. But from the last examination there is a problem regarding the trust from Muslim society. From the legal culture point of view, the implementation of cash waqf by the government, which is performed by BWI, needs attracting society’s credentials in order to improve and maximize the performance of cash waqf in Indonesia.
Koperasi dalam Perspektif Hukum Islam (Telaah Kritis Pemikiran Hukum Islam Taqiyyuddin al-Nabhani) Imron Hamzah
Al-Manahij: Jurnal Kajian Hukum Islam Vol 11 No 1 (2017)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (233.774 KB) | DOI: 10.24090/mnh.v11i1.1272

Abstract

Cooperatives, originally emerging from the West, have grown in Muslim-majority countries, such as Indonesia. Modern Muslim scholars differ on the permissibility of cooperatives in Islamic law. Among the scholars who disallowed it is Taqiyyuddin al-Nabhani, who firmly declares that cooperative is not legal according Islamic law. The reason given by al-Nabhani is that within the cooperative there is no element of body as the subject of law, and also the distribution of profit in the cooperative is based on services that are not justified. But if it is analyzed carefully, it can be seen that in cooperatives there are already elements of the body in the form of board, and also the division of profit based on the service is essentially the division of profit based on work, so it is not contrary to the rules of Shari'a. This paper concludes that the cooperative is incorporated into the various contracts that have been discussed by the classical scholars, so the legal status of the cooperative is allowed according to Islamic law because there is no proposition forbids it.
Urgensi Kalibrasi Arah Kiblat dalam Penyempurnaan Ibadah Salat Dhiauddin Tanjung
Al-Manahij: Jurnal Kajian Hukum Islam Vol 11 No 1 (2017)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (378.545 KB) | DOI: 10.24090/mnh.v11i1.1273

Abstract

In the implementation of one's prayer service is required to face the direction of Qibla as a valid requirement of prayer. Understanding of facing the Qiblah should be understood properly and maximally so that efforts to face the Qiblah can be done well and precisely. This paper explains that the obligation of facing the Ka’bah is for the one who is able to see the Ka’bah directly. But for those who are far from Mecca and cannot see the Ka’bah directly, the majority of the Muslim scholars only oblige facing towards the Kaaba (jihah al-ka’bah). However, in retrospect, the ulama have a strong opinion that for the one who can see the Kaaba, and the one who cannot see the Kaaba, but in fact he can be wise to know the direction to the Kaaba (jihah al-Ka’bah), then they are obliged to face the building of the Kaaba ('ainul Ka’bah). From the term ‘ainul ka’bah and jihah al-ka’bah, it is actually the one point to be taken that is the Kaaba in Mecca. ‘Ainul ka’bah is the building of the Kaaba itself, whereas the jihah of al-ka’bah is the direction towards the Kaaba. Therefore, to lead to the Kaaba, it should not be carelessly facing. Especially with the existing science and technology, the calculation to lead to the point of the Kaaba becomes easier with accuracy that can be accounted for. If so, science and technology can participate to play a role in completing the worship of Muslims, i.e. facing the Qiblah more appropriate for the validity of worship.
Wakaf Uang Menurut Tuan Guru Nahdlatul Wathan di Lombok Nusa Tenggara Barat Anton Priyo Nugroho; Siti Achiria; M. Arif Muliadi
Al-Manahij: Jurnal Kajian Hukum Islam Vol 11 No 1 (2017)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (198.723 KB) | DOI: 10.24090/mnh.v11i1.1293

Abstract

Nahdlatul Wathan has a significant role in religious social development, especially in the Lombok area of West Nusa Tenggara (NTB). The role cannot be separated from the tuan guru as religious leaders of Nahdlatul Wathan. This is not to deny the other party's role, but the role of religious leader like tuan guru is very dominant in Lombok. On the other hand, cash waqf develops as one of the contemporary issues of the ummah. Cash waqf is still considered a new phenomenon among Muslims in Indonesia, so there are still differences of opinion between religious leaders. Tuan guru’s view on cash waqf is very important in order for cash waqfto develop well. Therefore this study aims to know the opinion of the tuan guru about cash waqf. This study used a qualitative approach, and it used interview method to 10 tuan gurus of Nahdhatul Wathan in Lombok NTB. The study found that most of tuan guru allowed the cash waqf with the consideration that the benefits were greater than the harm. Only a small proportion of tuan guruforbid cash waqf because waqf should be fixed, unchanged and should not be reduced.

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