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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 3 Documents
 1 
Search results for , issue "Vol. 14 No. 1 (2020)" : 3 Documents clear
Pengikatan Jaminan Kebendaan dalam Kontrak Pembiayaan Muḍārabah sebagai Upaya Penyelesaian Sengketa Debitur Wanprestasi (Analisis Putusan Mahkamah Agung Nomor 272/K/AG/2015 tentang Pembiayaan Mudharabah) Mhd. Yadi Harahap
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

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (656.266 KB) | DOI: 10.24090/mnh.v14i1.2999

Abstract

The imposition of collateral in muḍārabah financing contracts is a separate issue for Islamic banks even though in principle Islamic banks are not required to ask for collateral, but in practice, collateral is one of the elements that must be met by business actors in Muḍārabah financing contracts. When the collateral is not applied, problems often arise in the case of debtor default. The problem in this study is whether the imposition of collateral can be used as an effort to resolve debtor disputes in Muḍārabah financing contracts. To answer the research question, the method used is a normative juridical research method where the law is not only seen as law in books but also the law in action with the statutory approach and case study approach, namely the decision of the Mahkamah Agung. The results of the study presented that binding guarantees in Muḍārabahfinancing contracts can be used as anticipation to minimize the risk of loss based on article 39 of Law no. 21 of 2008 concerning Islamic Banking. When the business actor defaults, neglects, and breaches the contract in Muḍārabah financing, the guarantee can be used as an effort to mitigate the settlement of Muḍārabah financing disputes to pay off obligations to Islamic banks.
Maqsad Hifdz al-Ummah fi Shalat al-Jumu'ah: Dirasah Tahliliyyah min Khilal Haqidah wa Syuruth Shalat al-Jumu'ah fi al-Madzahib al-'Arba'ah Zaenal Abidin Mochamad Baqir
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

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (746.374 KB) | DOI: 10.24090/mnh.v14i1.3554

Abstract

Friday Prayer is one of the obligatory services for all Muslims in the world. Aside from being an obligation, Friday prayers are also a gathering place and are a unifying symbol of Muslims. The problem that arises at this time is that many people do not perform Friday prayers; even Friday prayers are held in various mosques in one neighbourhood. This fact denies the essence of Friday prayers. The method used in this paper is a qualitative method with a normative approach. This article aims to find out the purpose of the law (maqasid al-syari'ah) from the Friday prayers. From the various schools of jurisprudence the four schools can be seen that all the Imams of the schools agreed on the prescribed conditions of Friday prayers and all Muslims must carry them out. The obligation to carry out this Friday prayer, besides aiming at carrying out compulsory worship, is also a gathering place and a symbol of the unity of Muslims. Brotherhood and unity of Muslims can be done if one ward is only held one Friday prayer. This is different from the fact that runs at this time, where many Muslims in one region or neighbourhood perform Friday prayers with more than one mosque. This fact will contradict the intrinsic purpose (al-maqasid al-haqiqi) of the Friday prayer.
Mitigasi Resiko Investasi Bodong dan Aktualisasi Nalar Istiṣlāḥ Firman Muhammad Arif
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

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (658.625 KB) | DOI: 10.24090/mnh.v14i1.3580

Abstract

This paper explores investments with manipulation and embezzlement. The reality of bulging investment development is considered to never die, even the number of victims and losses from year to year is increasingly fantastic in some areas. The fact of the rise in casualties and fantastic losses in the offense of the bulging investment is analyzed, elaborated, and formulated using the Istiṣlāḥ reasoning device as classical legal reasoning that is in line with regulations and is considered still relevant to the current context. This is a qualitative research that describes reality in society or is taken from a variety of sources that are minimal from manipulation and illusion so that the observations made are synergized with sensing or trusted. The results showed that efforts to minimize the impact of the rampant bulging investment were anticipated by the actualization of reasoning in both normative and empirical ways. The style of Istiṣlāḥ reasoning with its two segments namely maṣlaḥah mursalah and żarī’ah are collaborated with a legal or regulatory approach sourced from the government to degrade the fantastic number of victims to be drastic. Financial literacy education and law enforcement need to get primary attention.

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