Al-Manahij : Jurnal Kajian Hukum Islam
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.
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<![CDATA[Diskursus Fikih Indonesia: Dari Living Laws Menjadi Positive Laws ]]>
<![CDATA[M. Noor Harisudin]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol. 10 No. 2 (2016) ]]>
Publisher : <![CDATA[Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto ]]>
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DOI: 10.24090/mnh.v10i2.932
<![CDATA[This paper discusses how the Indonesian fiqh (Islamic jurisprudence) is formulated. The Indonesian fiqh idea that was first conceptualized academically by T.M. Hasbi As-Shiddieqy moved from the so-called living laws into positive laws. Indonesian fiqh discourse born in Indonesia is a form of fiqh (Islamic jurisprudence) that solves the problem of the reality of Indonesian people in line with the growth and development of the country that has the largest Muslim population in the world. Not surprisingly, in the context of Indonesian fiqh, there are born many contemporary fiqh variations in more specific domains, such as environmental fiqh, social fiqh, figh of pluralism, fiqh of women, and many others. In three periods, which are the period of beginning (pioneering), the period of development, and the period of legislating (taqnin), Indonesian fiqh that is based on contemporary issues and considered as living laws is further proposed to become positive laws that are binding to the entire Muslim community in Indonesia.]]>
<![CDATA[Kontinuitas dan Perubahan dalam Penetapan Hukum Hudud: Dari Nass hingga Teks Fikih ]]>
<![CDATA[Ali Sodiqin]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol. 10 No. 2 (2016) ]]>
Publisher : <![CDATA[Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto ]]>
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DOI: 10.24090/mnh.v10i2.933
<![CDATA[Hudud law is a part of Islamic criminal law besides the law of qişaş and ta'zir. Historically and anthropologically, the enforcement of this law has something to do with the continuity of pre-Islamic legal tradition. Al-Quran responds to this legal tradition through two models, namely tahrim (destructive) and taghyir (reconstructive). Tahrim happens in the case of khamr (intoxicating liquor), whereas the taghyir occurs on the law of theft, adultery, and qażaf (accused of adultery). AlQur'an reconstructs laws of the past, so its entry is based on the world view of the Qur'an. Philosophical values embodied in the hudud law is justice, responsibility, morality, and equality. All these values are the basis for law enforcement, so the law enforcement model is reformative and restorative. The construction of scholars' thoughts in the determination of hudud law can be divided into two forms, textualist and contextualist. Textualist especially concerning the establishment of a form of punishment for violators of hudud. The scholars define such penalties as it is written in the texts. Contextualist contains in the details of the requirements in the application of hudud law. The jurists formulate prerequisites and various procedures required in order to implement hudud law through the courts. In this context, the scholars consider the needs of the community in terms of law enforcement. The diversity of opinions of the jurists due to the diversity of the proposition and the fatwa is used as a legal considerations, besides using the methodology of legal reasoning in understanding the legal texts about hudud.]]>
<![CDATA[Makelar Kasus dalam Kajian Filosofis Normatif Hukum Islam ]]>
<![CDATA[Abdulahanaa Abdulahanaa]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol. 10 No. 2 (2016) ]]>
Publisher : <![CDATA[Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto ]]>
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DOI: 10.24090/mnh.v10i2.934
<![CDATA[Case broker essentially reflects intervention of an administrative process of law enforcement. Thus, based the facts, case broker is already identified as an employment with proscribed income. The problem is on the one hand case broker is already connoted as a illegitimate job, on the other hand the existence of case brokers become "necessities" that cannot be circumvented. Therefore, it is necessary to study the normative philosophical foundation of case broker in Islamic law. The legal basis of case broker can be referred to Usul al-Fiqh by using the method ofmaşlahah almursalah, then it is adopted operationally by using ijarah method of 'aqd (agreement). In particular, there is no specific rule(proposition) found in the Qur'an and Prophetic traditions regarding case brokers.But, in general, the argumentsderived from the principles of Islamic economic law (muamalah), especially with regard to ijarah, deductively can be used as legal basis of case broker. The essence of case broker in normative philosophical perspective is a job that can be justified with regard to the concept and rules of seeking livelihood through ijarah contract (worker hiring). Therefore, a case broker is permissible (halal) receiving fees for services (ujrah) from his client agreed by both parties as long as all adhere to the rules that apply in ijarah law.]]>
<![CDATA[Nilai-Nilai Kemanusiaan dalam Legislasi Hukum Islam di Indonesia ]]>
<![CDATA[Moh. Dahlan]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol. 10 No. 2 (2016) ]]>
Publisher : <![CDATA[Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto ]]>
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DOI: 10.24090/mnh.v10i2.935
<![CDATA[The enforcement of Islamic law has been criticized for being potentially violating human rights as the thinking of BassamTibi. However, this is different with the view of Muhammad Arkoun and Hasan Ash-Syarqawi who received the application of human values in the teaching of Fiqh/Islamic law to be transformed into national law development. Based on these problems, this study can be formulated as follows, how the enforcement of human values can be realized in the development of law in Indonesia. The type of approach of this study is the legal political studies that examined the values of humanity jurisprudence in the development of law in Indonesia. The result of the study shown that the history of the growth and development of Fiqh/ Islamic law is closely related to the actual dynamics of human life, even the existence of the law determined by the interest of human life as well as the views of legal experts, Najmuddin Atu-Tuhfi and Philip K. Hitti. The teachings of. Islamic law have orientation to answer the actual problems of humanity as had been practiced by the Prophet Muhammad and his successors. These human values then get great moment when human rights become a common policy in Universal Declaration of Human Rights (UDHR). In building the system of law in Indonesia, the element of human rights should not be denied and is also an element of legal vacuum at the same time should be considered also, so that the existence of laws that is born from religious or people cultural norms can be accommodated as the applicable legal regulations in Indonesia.]]>
<![CDATA[Pandangan Majlis Tafsir Al-Qur'an (MTA) tentang Makanan Halal dan Haram (Kajian Usul Fikih) ]]>
<![CDATA[Muh. Nashirudin]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol. 10 No. 2 (2016) ]]>
Publisher : <![CDATA[Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto ]]>
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DOI: 10.24090/mnh.v10i2.936
<![CDATA[This study discusses the Majlis Tafsir al-Qur'an (MTA) views on halal and haram food in Islam. The research data obtained through MTA's Sunday Morning Brochure, MTA's Qur'anic exegesis and interviews with Ahmad Sukina (the head master of the MTA). By using the functional theory of the prophet's tradition PAT Islamic legal theory and istişhab, the study found that MTA as mentioned in Tafsir MTA volume IV recognizes that the forbidden food in Islam consists of four things i.e. the carrion, the blood, the pork, and the slaughtered animals not in the name of Allah. However, recently, the MTA does not determine their opinion sticky whether only 4 things that are forbidden by Qur'an, or they are coupled with other things that are forbidden by the Prophet's tradition. The MTA looks to choose to be "safe" and "in gray position" in this case, because they see that the two opinions are the same in validity. Both cannot be determined which will be used and also to avoid the controversy in the community. In addition, although the MTA jargon is back to the Qur'an and Prophet's tradition, but the determination of law through the Consensus is also used although there is a difference in the concept (MTA says using the consensus of the Prophet companions) but actually they use Islamic Scholar's consensus. Analogy is very li limited in use, when the illat is only mentioned in the religious texts. Beyond the four basic postulates agreed is not used, except with regard to the postulate of al-ibahah al-aşliyyah which is included in the discussion of istişhab.]]>
<![CDATA[Pidana Perpajakan dalam Perspektif Hukum Islam ]]>
<![CDATA[Farkhani Farkhani]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol. 10 No. 2 (2016) ]]>
Publisher : <![CDATA[Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto ]]>
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DOI: 10.24090/mnh.v10i2.937
<![CDATA[In some countries, tax is one of the primary incomes for the states revenues. Countries with high tax often have problems from citizens such as tax avoidance, evasion, manipulation and other efforts to reduce their obligation of tax. In Islam, this tax evasion is called as taxjarimah. A person doing tax jarimah can be sentenced with appropriate sanction, based onijtihad and legal reasoning using stipulations derived from al-Qur'an and hadis, which is namedistinbat. In general, tax jarimah can be categorized as jarimah ta'zir. It is a crime where the sanction is determined by goverment or legislative or judicative authorities. This is an exception for corruption case dealing with tax. This jarimah can be considered as jarimahsariqah, in which maximum sanction is hand amputation. However, corruption is an extraordinary crime, which has an extraordinary bad effects. Thus, it is possible that the sanction based on hadud) becomes one of the alternative sanction. The maximum sanction could be more than hand amputation but capital punishment or death sentence.]]>
<![CDATA[Politik Hukum Islam di Indonesia dan Malaysia: Suatu Kajian Perbandingan ]]>
<![CDATA[Fatkhul Muin]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol. 10 No. 2 (2016) ]]>
Publisher : <![CDATA[Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto ]]>
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DOI: 10.24090/mnh.v10i2.938
<![CDATA[This study analyzes the viewpoint of Islamic law as a part of national law, where the part of society that cannot be separated from the Muslim majority state. Indonesia and Malaysia are two countries with Muslim majority population and are considered to have a same clump of lineage, but on the other aspects that influence the laws in the two countries they have differences, in which Indonesia is affected by the legal system of the Civil Law, while Malaysia is influenced by the legal system of Common Law. Such differences would affect the legal systems of both countries, not only in that aspect, but also will affect the Islamic laws in the countries which are predominantly. Muslim. In Indonesia, the existence of Islamic law can enter through Pancasila and Article 29 paragraph 1 and 2 of the Indonesian Constitution, while in Malaysia the existence of Islamic law can enter through the state recognition of the official religion of Malaysia that is Islam, according to article 3 paragraph 1 of the Constitution of Malaysia.]]>
<![CDATA[Sejarah Pergulatan Politik Hukum Islam di Indonesia ]]>
<![CDATA[Sirajuddin M.]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol. 10 No. 2 (2016) ]]>
Publisher : <![CDATA[Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto ]]>
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DOI: 10.24090/mnh.v10i2.939
<![CDATA[This study focuses to the development and the existence of Islamic law and political law relationship in Indonesia. The purpose of this study is to examine Islamic law in the legal system and institutions in Indonesia. The method of this study is the legal political studies with E. Betti historical-hermeneutical approach. The result of this study indicates that by borrowing the study of E. Betti hermeneutic, it can be revealed that the contribution of norms of Islamic law in a legal system, namely what is true in the past can still exist and allow it to become a basic foundation in the development of subsequent law. Therefore, the development of national law cannot deny the historical role of Islamic legal norms that has given its own color to the community. In the context of Indonesia, the relationship between Islamic law and law policies is closely related as one, because the norms of Islamic law have become a source of national laws. The history shows that since the era of the Islamic kingdoms in the Indonesian Archipelago, the era of independence, and up to the era of reform, the norms of Islamic law remain becoming a source of Indonesian material laws, and they affect and color the character of national law development. Institutionalization of Islamic norms in the construction of national law is constitutional, because it acts in accordance with the soul and the spirit of Pancasila and the Indonesian Constitution.]]>
<![CDATA[Pola dan Urgensi Positivisasi Fatwa-Fatwa Dewan Syariah Nasional Majelis Ulama Indonesia tentang Perbankan Syariah di Indonesia ]]>
<![CDATA[Akhmad Faozan]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol. 10 No. 2 (2016) ]]>
Publisher : <![CDATA[Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto ]]>
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DOI: 10.24090/mnh.v10i2.941
<![CDATA[This article examines the way and urgency of making fatwas of National Sharia Board of the Indonesian Ulama Council (DSN-MUI) on Islamic banking into a positive law in Indonesia. The background of this article is the fact that the only basis on the implementation of compliance with sharia principles in the operations of Islamic banking in Indonesia is a fatwa of DSN-MUI about Islamic banking. However, the fatwa position in the Indonesian legal system does not have a binding force for citizens included in the business activities of Islamic banking. This is because Indonesia is not an Islamic state, which makes the fatwa as a legal basis. Thus, making the fatwas of DSN-MUI about Islamic banking into a positive law is very urgent for the development of Islamic banking operations in Indonesia in order to have a strong legal foundation. The making of fatwa of DSN-MUI into a positive law is conducted by Central Bank of Indonesia (Bank Indonesia). Members of Islamic Banking Committee at Bank Indonesia along with the DSN-' MUI compose a draft of a regulation based on the fatwa and then it is submitted to the Governor of Bank Indonesia to be enacted as some of Bank Indonesia's regulations, for example Bank Indonesia's Regulation, Bank Indonesia's Circular Letter, or the Compilation of Sharia Banking Products and Services.]]>
