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Al-Manahij : Jurnal Kajian Hukum Islam

almanahij
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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

Search results for , issue "Vol 14 No 1 (2020)" : 8 Documents clear

Dinamika Modernisasi Hukum Islam: Tinjauan Historis dalam Pembacaan Mazhab Sociological Jurisprudence Ahmad Zayyadi
Al-Manahij: Jurnal Kajian Hukum Islam Vol 14 No 1 (2020)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

This article explores the dynamics of the modernization of Islamic law using the sociological approach. The legal theory used is the history of modern law as a comparative Islamic law in the Muslim world related to its influence in Indonesia. The author associates the sociological jurisprudence with the dynamics of modernization of Islamic law in the Muslim world including Indonesia. The sociological jurisprudence is applied in the study of marriage law issues that still need efforts to modernize the law, because these problems continue to develop and the legal position must always be dynamic in responding to sociological problems that always live in society. Various theoretical influences in the sociology of law and also the sociological jurisprudence have a wider impact on the sociology of Islamic law. This effort to modernize Islamic law is part of the development of modernization theory in the sociology of law, which synergizes integratively between law and society and society and law proportionally. This article seeks to apply the sociology of law in general and the sociological jurisprudence in particular about family law with the case of sociological problems of Islamic law in Muslim societies such as Turkey, Egypt, and Indonesia.

Respon Fikih terhadap Perkembangan Teknologi Rukyat Sakirman Sakirman
Al-Manahij: Jurnal Kajian Hukum Islam Vol 14 No 1 (2020)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

The method used to determine the beginning of the Islamic month which refers to the hilal regularity is called rukyat. The central issue of rukyat disruption is the problem of visual contrast of sky twilight, namely the difference in light or the color between the object and the foreground. The hilal (the new crescent moon) is dim, thin, and its color is almost the same as the sky around it so it makes the human eyes in a normal state unable to see directly the hilal without using the tools. Moreover, the technology of rukyat has developed significantly by discovering the optical technology named the rukyat telescope. However, this telescope is not able to identify hilal (the new moon), because it is only functioned to collect the light; so, when the twilight (syafak) light is strengthened, the hilal light is also equally strengthened. Furthermore, rukyat technology that is possibly used is digital imaging assisted by software that works to increase the light contrast so that the hilal can be seen by the visual eyes. Finally, digital imaging technology has an important role as a media verifier of the testimony stated by someone seeing the hilal, contrarily, its validity is doubtful. In responding to the development of technology used for finding the new crescent (rukyatulhilal), both classical and contemporary fiqh scholars give positive responses related to the use of rukyat tools that aim to facilitate the process of seeing the crescent (rukyatulhilal), especially in terms of clarifying the crescent sight object so that the new moon can be seen with the visual eye.

Revitalisasi Penerapan Qanun Nomor 6 Tahun 2014 tentang Hukum Jinayat di Kota Langsa Aceh Junaidi Junaidi; Muhammad Rusdi Bin Muhammadiah; Muhazir Muhazir
Al-Manahij: Jurnal Kajian Hukum Islam Vol 14 No 1 (2020)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

This paper examines the problem of implementing the qanun jinayat in Langsa City Aceh Darussalam after the stipulation of Qanun Number 6 of 2016 concerning Jinayat Law, there are at least two groups of pros and cons to the enforcement of the Qanun Jinayat, the pro groups consider that the enforcement of the Jinayat Qanun is already good otherwise the contra group views that the enforcement of the Jinpu Law Qanun Jinayat is not optimal and seems to be selective so that many people underestimate the task of wilayatul hisbah and the Islamic Sharia Service. This type of research is non-doctrinal and the approach used is the sociological approach. Data collection techniques used are interviews and documentation. After conducting research it was found that enforcement of qanun jinayat in Langsa City Aceh Darussalam has not been implemented well. This is caused by several factors, namely: (1) the legal substance which shows that the contents of the qanun jinayat in Aceh are weak from the aspect of legal protection for women so that it is considered discrimination; (2) the legal structure relating to law enforcement is felt not to be firm against perpetrators of violations of the qanun jinayat; (3) the culture of legal awareness of the community is low so that jinayat violations still occur; (4) morality of law enforcement and fifth, legal support facilities.

Perlindungan Hukum Perjanjian Bagi Hasil Petani Garam di Kabupaten Pamekasan dalam Perspektif Hukum Islam dan Hukum Perdata Achmad Badarus Syamsi; Galuh Widitya Qomaro
Al-Manahij: Jurnal Kajian Hukum Islam Vol 14 No 1 (2020)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

The function of approval in an agreement (contract) is as a statement between the two parties on their respective rights and obligations so that if there are parties whose rights are not fulfilled, they can feel protected and demand these rights. Therefore, it is appropriate that an agreement on a contract must be carried out properly so that it can guarantee the rights of both parties. Madura Island is the best salt field in Indonesia, so there are many contracts between farmers and salt landowners. This article discusses the pattern of revenue sharing between farmers and salt landowners in Pamekasan Regency using the schemes of a half to a third and one fifth to two fifths. These revenue sharing patterns have different rights and obligations. The difference is a bigger obligation to those who get half. The author found that the pattern of production sharing agreements made by farmers and salt landowners in Pamekasan Regency according to the Agreement Law and Islamic Law did not meet the basic principles of agreement, because the agreement was made only verbally and there were no witnesses so that it had an impact on the lack of protection for farmers and the absence of witnesses causes no clarity on the boundaries of the contract.

Menakar Kesyariahan Fintech Syariah di Indonesia Fathul Aminudin Aziz
Al-Manahij: Jurnal Kajian Hukum Islam Vol 14 No 1 (2020)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

The development of information technology penetrated into all financial sectors, including sharia financial technology (Fintech). OJK as a regulator of the financial industry has issued regulations, to anticipate the development and utilization of IT in the financial industry such as lending, personal finance, crowdfunding, electronic money, investment investments, payment gateways, wealth management, and various other startups. Shari'ah literacy needs to be improved by giving an understanding that shari'ah is label and nature, theory, and practice, so halal is measured by how many elements of sharia are fulfilled. As for the elements of Islamic fintech in Indonesia, among others, accountability, transparency of information, fairness, equality, social piety, avoidance of transactions that are reckless, maysir, gharar, risywah, tadlis, israf, and halal. different amounts depending on how much the shari'a element is fulfilled. The greater the halal dose is fulfilled, the greater the halal, and vice versa the smaller the halal element is fulfilled, the smaller the halal value of its fintech transactions.

Dinamika Poligami di Tengah Budaya Oligarkis-Patriarkis (Studi pada Masyarakat Poliwali Mandar dan Konawe Sulawesi) Anwar Sadat; Ipandang Ipandang
Al-Manahij: Jurnal Kajian Hukum Islam Vol 14 No 1 (2020)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

This article attempts to look at the other side of polygamy in the context of Islamic law amid oligarchic-patriarchal culture. During this time, there are people who think the reality of polygamy as a normal action performed. But there are some state that marriage should be practiced with the true principles of monogamy. Therefore, the article focuses on the wisdom of the polygamy reality experienced by the people of Polewali Mandar district in West Sulawesi and Konawe in Southeast Sulawesi based on normative narratives. The conclusion of this article is the reality of polygamy appears inseparably from the theological and cultural foundation of value-patriarchal oligarchic. Hence, the Quranic verse interpretation greatly influences the thought and practice of marriage in a society. Like the one phrase (fa wÄá¸¥idah) in QS. an-Nisa verse 3 which is interpreted not to prohibit a polygamy but the demand to marry another wife besides the first wife if she is unable to be fair. If a man is able to be fair in the matter of material, then he is permitted to marry at least four women at the same time.

Urgensi dan Legitimasi Fatwa Majelis Permusyawaratan Ulama Aceh Nomor 3 Tahun 2018 tentang Penetapan Arah Kiblat Ismail Ismail
Al-Manahij: Jurnal Kajian Hukum Islam Vol 14 No 1 (2020)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

When Muslims have settled on the earth, one of the problems which become a focus of attention is the Kiblah direction. For Muslims, the Kiblah direction is not only the need for prayer which is one of the legitimate conditions of prayer, but also includes other needs related to Kiblah such as the position of burying the body, establishing a mosque and musalla. This paper explains the position of the MPU Acehâ€™s fatwa Number 3 of 2018 concerning the determination of the direction of the MUI of the fatwa of MUI number 3 and 5 of 2010 concerning the direction of Kiblah and explaining its relevance to the context. With the approach of astronomy, the position of the MPU Aceh fatwa Number 3 of 2018 concerning the determination of the direction of Kiblah is complementary to the MUI fatwa Number 3 and 5 of 2010 concerning the Kiblah direction. Improvements to the integrity and intensity of fatwas are responsive, proactive and anticipatory. The presence of the MPU Acehâ€™s fatwa on Kiblah direction is able to solve the problem of Kiblah direction in Indonesia, both in the technical and the sociological domain, because the content of the fatwa is relevant with the context and it accommodates the dimensions of science, technology and Fiqh as a characteristic of collective diligence (Ijtihad Jama'i).

Cerai Lebe sebagai Inisiatif Lokal dalam Upaya Meminimalisir Praktek Perceraian Liar (Studi Kasus di Desa Cangkring Kabupaten Indramayu) Wardah Nuroniyah
Al-Manahij: Jurnal Kajian Hukum Islam Vol 14 No 1 (2020)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

There are a lot of divorces conducted outside the court that occurs in Cangkring Village, Indramayu Regency. Uniquely in this village Lebe (a marriage registrar officer) became a facilitator in matters of divorce including in terms of handling administratively the data of divorced couples without submitting to the Religious Courts. Through a socio-juridical study, it is understandable as a choice for the community in resolving conflicts in marriages. There are many reasons for choosing divorce by Lebe, the individual reasons, such as the geographical location of the village that far from the court, economic factors, early marriage, low human resources, or local socio-cultural conditions that affect a person to do divorce through the Lebe. Based on the theory of social action by Talcott Parsons, the actors who chose divorce through Lebe are considered easier to achieve its goal of divorce. Divorce by Lebe in Cangkring village is intended to curb peace and legal protection for the people who have a very high divorce rate. The community was given convenience because the rules in divorce are not as complicated as the divorce process in the Religious Court, even though it is considered illegal.

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Home Page

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Editorial Team

Contact

Reviewer

Google Scholar

Contact Name
Muhammad Fuad Zain

Contact Email
fuad.zain@uinsaizu.ac.id

Phone
+6285731141751

Journal Mail Official
fuad.zain@uinsaizu.ac.id

Editorial Address
Fakultas Syariah UIN Prof. K.H. Saifuddin Zuhri Purwokerto Jl. Jend. A. Yani No. 40A Purwokerto 53126 Jawa Tengah - Indonesia

Location
Kab. banyumas,

Jawa tengah

INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Muhammad Fuad Zain

Contact Email fuad.zain@uinsaizu.ac.id

Phone +6285731141751

Journal Mail Official fuad.zain@uinsaizu.ac.id

Editorial Address Fakultas Syariah UIN Prof. K.H. Saifuddin Zuhri Purwokerto Jl. Jend. A. Yani No. 40A Purwokerto 53126 Jawa Tengah - Indonesia

Location Kab. banyumas, Jawa tengah INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Muhammad Fuad Zain

Contact Email
fuad.zain@uinsaizu.ac.id

Phone
+6285731141751

Journal Mail Official
fuad.zain@uinsaizu.ac.id

Editorial Address
Fakultas Syariah UIN Prof. K.H. Saifuddin Zuhri Purwokerto Jl. Jend. A. Yani No. 40A Purwokerto 53126 Jawa Tengah - Indonesia

Location
Kab. banyumas,

Jawa tengah

INDONESIA