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Muhammad Fuad Zain
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Fakultas Syariah UIN Prof. K.H. Saifuddin Zuhri Purwokerto Jl. Jend. A. Yani No. 40A Purwokerto 53126 Jawa Tengah - Indonesia
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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
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Search results for , issue "Vol 12 No 1 (2018)" : 8 Documents clear
Mining-Trading Cryptocurrency dalam Hukum Islam Muhammad Fuad Zain
Al-Manahij: Jurnal Kajian Hukum Islam Vol 12 No 1 (2018)
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 (649.936 KB) | DOI: 10.24090/mnh.v12i1.1303

Abstract

This paper discusses the mining-trading of cryptocurrency in Islamic law as a digital asset that has recently been traded in cyberspace. The value of cryptocurrency is soaring and fluctuation and it is influenced by the demand of buying and selling. Indodax.com is the official digital asset site in Indonesia that trades more than 13 digital currencies. As we know, digital currencies are not electronic money, even though the characteristic is similar. Starting from this, I analyze whether cryptocurrency is worthy of being value as money that has a certain value. Until now, the Indonesian government through Bank Indonesia has published regulation Number 16/8/PBI/ 2014, which explicitly prohibits using bitcoin and altcoin on financial transactions. Otherwise, MUI (Indonesian Ulema Council) has not issued a fatwa yet related to cryptocurrency. From here, I focuse on this study to the law of cryptocurrency in Islamic law. Bitcoin has advantages and disadvantages. Among its advantages are the user can use exchange or transaction without third service (bank), and it can be traded in merchandise shops. But, the disadvantages of bitcoin are mach more, such as fluctuating value every times, it is not listed as a commodity, it is not watched by Financial Services Authority (OJK), it presents the element of gharar (uncertainty) and maysir (gambling or bet), which makes it possible to be used for money laundering and drugs. On the other hand, until now, the Indonesian people have not considered that bitcoin as a treasure like gold or silver
Kontroversi Hukum Asuransi: Studi tentang Argumentasi Mustafa Ahmad al-Zarqa dalam Pembolehan Asuransi Hasanudin Hasanudin
Al-Manahij: Jurnal Kajian Hukum Islam Vol 12 No 1 (2018)
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 (1144.318 KB) | DOI: 10.24090/mnh.v12i1.1322

Abstract

Insurance came to the Islamic world around the 19th century AD. As long as the insurance law in Islam is concerned, the contemporary Islamic scholars are divided into three groups. First, scholars who allow it absolutely; secondly, the ulama who forbid it absolutely; and thirdly, scholars who legalize social insurance and forbid commercial insurance. One of the contemporary scholars who justifies insurance is Muṣṭafā Aḥmad al-Zarqā', a prominent Islamic scholar of Ḥanafi from Syria. The findings of this study are that in the perspective of Islamic legal theory the arguments of al-Zarqāʼ can be justified. The theory of Islamic law used by al-Zarqā' in examining insurance is the theory of ijtihad bi ar-ra'y by istiṣḥābī and ta'līl methods. Al-Zarqa' views that insurance is a new contract that does not exist in Islamic jurisprudence. Every Muslim is allowed to create new contracts that have not existed before as long as there is no prohibition against them. Al-Zarqāʼ analogize the insurance with the existing contracts in Islamic jurisprudence, among which is the contract of muwālāh from Hanafite school of law, ḍamān khaṭr al-ṭarīq from Hanafites, al-iltizām wa al-wa’d al-mulzim in Malikites, and al-‘āqilah in Syafi’ites.
Model Penerapan Syariah dalam Negara Modern (Studi Kasus Arab Saudi, Iran, Turki, dan Indonesia) Pepen Irpan Fauzan; Ahmad Khoirul Fata
Al-Manahij: Jurnal Kajian Hukum Islam Vol 12 No 1 (2018)
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 (1054.985 KB) | DOI: 10.24090/mnh.v12i1.1328

Abstract

Modernization of politics in islamic world causes hard dynamics in the relation betwen religion (sharī’ah) with state or politics. This paper tries to discuss the historical background of that discussion, and tries to show the models of sharī ’ah implementation in the context of modern state. The result of this study is that there are three models of sharī ’ah implementation in modern Islamic world: integration betwen religion (Islam) and state as in Saudi Arabia and Islamic Republic of Iran. In this model sharī ah formally becomes the positive law. The second model is secular state. In this model religion (and sharī’ah) separated from the state. The best example for this model is Republic of Turkey. And the last is symbiosis-intersectional model as Republic of Indonesia. This model is the middle position betwen both of them. The difference of the models are caused by the diversity of socio-historical-economic-political background of these states.
The Concept of Al-Syatibi's al-Ta'arud wa al-Tarjih: Scientific Faith and Methodology Solution to Legal Istinbat Farkhani Farkhani; Elviandri Elviandri; Sigit Sapto Nugroho
Al-Manahij: Jurnal Kajian Hukum Islam Vol 12 No 1 (2018)
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 (978.72 KB) | DOI: 10.24090/mnh.v12i1.1331

Abstract

Al-Ta‘āruḍ wa al-tarjīḥ is a methodology offered by al-Syāṭibī to overcome problems that often arise in fiqh issues faced by the people. This study is a descriptive literature study (library research) aims to determine how the concept of al-Ta‘āruḍ wa al-tarjīḥ offered, with fahm al-naṣṣ methods that exist in its al-Muwāfaqāt. To al-Syāṭibī, no at-ta‘āruḍ (contradiction) in texts but there is a contradiction among mujtahids (Muslim jurists) in understanding the texts. Then, the mujtahids (jurists) should not be in a hurry to do istinbāṭ al-ḥukm (taking out the law) which originated from the ẓāhir contradictory arguments. A depth and universal study toward contradictive postulates seems needed by mujtahid both using their precision and intelligence. Because of the precision and intelligence mujtahids are varying, it causes the appearance of a conflict between mujtahids in looking at the arguments. To find a solution to the problem, the offer is the use of tarjīḥ method, looking for the most powerful arguments, and then serving them as the basis to take a single istinbāṭ al-ḥukm.
Qaul Al-Mukhtar Al-Nawawi sebagai Pendapat Alternatif Muslim Nusantara Muhammad Kudhori
Al-Manahij: Jurnal Kajian Hukum Islam Vol 12 No 1 (2018)
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 (1002.87 KB) | DOI: 10.24090/mnh.v12i1.1345

Abstract

The spreading of Syafi’ite school of law in Indonesia until now has a long history in the process of Islamic transmission in the country. Islam entered into Indonesian archipelago through the merchants in the seventh century. However, the dispersion of Islam could not run smoothly before Wali Songo emerged in Indonesian society at the fifteenth century. In this era, Islam could be received and absorbed widely by the Indonesians. The Islamic school of law that is brought by Wali Songo is Syafi’ite. Even most of Muslims in Indonesia follow Syafi’ite school of law, in the real life including in their daily prayers and trade activities, they are not use this school entirely. One of the reasons why this school is not practiced by Muslims fully is difficult to practice. The existence of Qaul al-Mukhtār of al-Nawawī can be an alternative way for the followers of this school of law that is difficult in practicing one of his opinions. Besides its strong arguments, Qaul al-Mukhtar of al- Nawawī is not really out from the rule of Syafi’ite school of law. In addition, it is representation of Fikih al-Muyassar (simplifed fiqh) concept for Muslim in Indonesia. Therefore, the follower of Syafi’ite school of law in Indonesia can feel easy and peace in practicing Islam.
Pelibatan Akad Ijarah dalam Praktik Rahn di Bank Syari'ah Perspektif Hukum Ekonomi Syariah Nur Wahid
Al-Manahij: Jurnal Kajian Hukum Islam Vol 12 No 1 (2018)
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 (1069.388 KB) | DOI: 10.24090/mnh.v12i1.1349

Abstract

The involvement of lease (ijārah) contract in pawn practice in syari’ah bank resulted in a combination of contract known as multi-‘aqd. Concerning multiple contracts (multi-‘aqd), there are a number of Prophetic traditions, at least three hadiths that are outwardly (textual meaning) indicating a ban on the use of multiple covenants. For example, the hadith about the prohibition of trading and debts (bai’ wa salaf), the prohibition to trade with two contracts (bai’atain fī bai’ah), and two sales and purchase contracts in one transaction (ṣafqatain fī ṣafqah). The contract of lease (ijārah) and the pawn agreement (rahn) are two different types of contract, in which the lease includes the type of sale and purchase agreement, while the pawn includes the type of loan contract. This combination of contracts is a type of multi-contract which is prohibited based on the hadith above. Transactions with this multi-contract form almost exist in all Islamic banking products today. This paper concludes that the law of engagement of lease contracts in pawn practices in Islamic banks is allowed. The Islamic jurisprudence scholars argue that this combination of contracts is compatible with the purpose of sharia (maqāṣid al-sharī’ah), namely the ease in muamalah, lightening in the burden, and provide opportunities for innovation and the relevance of the development of the times and human needs in transactions.
Fikih Konservasi Laut: Relevansi Fiqh al-Bi'ah di Wilayah Pesisir Lamongan Moh Mufid
Al-Manahij: Jurnal Kajian Hukum Islam Vol 12 No 1 (2018)
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 (600.213 KB) | DOI: 10.24090/mnh.v12i1.1356

Abstract

This paper aims to reconstruct fishing jurisprudence in Lamongan regency in an eco-sharia perspective. Eco-sharia is a religious value that serves as a tool of social control for coastal communities in utilizing sustainable fisheries resources. Marine conservation efforts are a guarantee for the protection of marine resources in order to remain protected and sustainable. Fishing jurisprudence needs to be formulated to provide eco-sharia insight for fishermen about environmentally friendly fishing and in accordance with religious values. Fishing jurisprudence will be constructed based on fishery conservation practices in Lamongan regency as one of the coastal areas of Pantura (north coast of Java) that has been designated as a “minapolitan” fishery town. The implications of the reconstruction of fishing jurisprudence are expected to build a culture conscious of the marine environment and synergize the economic and ecological aspects as a culture for the fishermen community.
Pelaksanaan Tindak Pidana Pemerkosaan (Studi Komparasi antara Hukum Islam dan Qanun Jinayat di Aceh) Nurhayati Nurhayati
Al-Manahij: Jurnal Kajian Hukum Islam Vol 12 No 1 (2018)
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 (923.812 KB) | DOI: 10.24090/mnh.v12i1.1358

Abstract

Rape is a sexual crime that indicates highly enough rate in Indonesia. Rape according to the view of Islamic law is different from adultery. Adultery is sexual intercourses between man and woman without legal marriage and carried out consciously on the basis of mutual needs. Rape is not doing of just sexual intercourse but it has additional element that is carried out with force, violence or threats. Sanctions against rapists according to Islamic law is exactly the same as the act of adultery that is stoning and damping. Such sanctions apply only to rapists and not to the victim. Aceh’s Qānūn on Jināyat (criminal) law for the people is regulated in Regional Regulation (PERDA) No. 6 of 2014. Qānūn Jināyat for the people of Aceh is a unity of criminal law formed based on Islamic Shari'ah values ​​derived from the Qur’an and Ḥadīṡ. According to Qānūn Jināyat Aceh, everyone doing sexual rape crime is threatened with ‘uqūbat ta’zīr which in its application there is a difference of punishment with what is in the view of Islamic law.

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