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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 10 Documents
 1 
Search results for , issue "Vol. 18 No. 2 (2024)" : 10 Documents clear
Reconstruction of Marriage Law: Judges’ Progressive Reasoning Based on Maqāṣid in Addressing Divergent Interpretations in Indonesian Courts Dikuraisyin , Basar; Sumarkan; Fatwa, Ah Fajaruddin; Ghozali, Muhammad Lathoif
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 18 No. 2 (2024)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/mnh.v18i2.9436

Abstract

This study elucidates the rationale behind judges’ decisions to permit the registration of interfaith marriages, unregistered or underhanded marriages, and underage marriages. These three issues are subject to divergent opinions, reflecting the multi-interpretational nature of social reality. This study reveals the judicial process of law discovery in resolving rules subject to multiple interpretations. Employing a qualitative approach, primary data were obtained through interviews with judges from the Surabaya District Court and the Sumenep Religious Court. The findings indicate that in addressing cases characterized by ambiguity, lack of regulation, and multiple interpretations, judges rely not only on the Marriage Law but also on human rights provisions and the supreme legal authority of the Indonesian Constitution. Upon recognizing a legal vacuum, the judges opted to revert to higher norms, exercising judicial discretion. Reconstruction occurs when judges, encountering a lack of clear rules, prioritize human rights and the constitution over strict textual interpretations of fiqh. This progressive approach allows judges to balance contextual norms with the evolving objectives of sharia in society, thereby fostering justice in marital matters.
Eco-Maqāṣid in Climate Change Campaigns: From an Ecolinguistics Study to the Philosophy of Islamic Law Haris, Arkin; Widodo, Aris; Tantri, Irma Dwi; Sarah, Siti
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 18 No. 2 (2024)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/mnh.v18i2.10652

Abstract

This article aims to uncover ‘eco-maqāṣid’, an Islamic legal philosophy related to environmental awareness. Using a multimodality approach, the study begins by understanding the textual and visual meaning of climate change campaigns with  Islamic themes on the @greenpeace.id Instagram account. The data were further explored through ecolinguistic studies to reveal The Stories We Live By, Ecological Philosophy (ecosophy), and Maqāṣid al-Sharī’ah. The findings show that the type of story constructed through the representation of the relationship between images and text is predominantly in the category of Salience, highlighting the importance of maqāṣid principles to environmental aspects. The principle of hifz al-nafs supports the promotion of environmental sustainability to protect Muslim health from the impacts of climate change. Hifz al-māl plays a role in the efforts of mitigation and adaptation to the threats of climate change to protect the assets and economic well-being of Muslim communities. Hifz al-nasl is related to the sustainable prese­­­rvation of Islamic rituals, holidays, and cultural traditions. Meanwhile, hifz al-dīn is reflected in the endeavor to care for the environment as a religious duty manifested from Quranic verses and Hadith. Hifz al-‘aql resonates with strengthening environmental education through Ulama advice and Islamic ethics. Finally, all ḍarūriyyāt al-khams advocates for the protection of all elements in nature. This integration of maqāṣid into ecosophy illustrates how Islamic principles guide environmental management against climate change, creating a framework called ‘eco-maqāṣid’.
Reevaluating the Legal Status of Monosodium Glutamate Consumption: The Indonesian Ulema Council’s Fatwas and Maqāṣid al-Sharī’ah Syam, Syafruddin; Permata, Cahaya; Haris, Rizki Muhammad; Matondang, Maulidya Mora
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 18 No. 2 (2024)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/mnh.v18i2.11121

Abstract

This article examines the consistency of the MUI Fatwa regarding Monosodium Glutamate (MSG) from a Maqāṣid al-Sharī’ah standpoint. The legal issue addressed in this research arises from the ongoing debate regarding the consumption of MSG. The Indonesian Ulema Council (MUI) has issued a fatwa declaring that MSG consumption is permissible (halal), provided that it is produced from halal ingredients and is processed, packaged, marketed, distributed, and served in compliance with Islamic law. However, numerous studies have highlighted the adverse effects associated with MSG consumption. This research employs a normative-empirical approach to Islamic law. The primary normative data consists of the MUI fatwa concerning flavoring products, specifically monosodium glutamate, which contains amino acids, as well as various sources discussing Maqāṣid al-Sharī’ah. The primary empirical data is derived from interviews with MUI board members regarding their perspectives on the relevant fatwa. Additionally, non-legal sources, including scientific literature on MSG, are utilized. Through this methodological approach, the research yielded several key findings. Although the MUI has declared MSG consumption as halal, individuals must still adhere to the safety guidelines established by the WHO and the Indonesian Ministry of Health. The MUI further advises against excessive or prolonged consumption of MSG due to its harmful effects on one’s well-being, including the soul, mind, reproductive system, beliefs, and property, all of which Islamic law mandates to be safeguarded. Consequently, the research concludes that the MUI fatwa, along with the explanations provided by its members, aligns closely with the principles of Maqāṣid al-Sharī’ah, as the prevention of harm takes precedence over the pursuit of benefits.
Reforming Marriage Law in Indonesia: A Critical Examination of Islamic Law on the Ban of Interfaith Marriages Setiawan, Iwan; Arifin, Tajul; Saepullah, Usep; Safei, Abdulah
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 18 No. 2 (2024)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/mnh.v18i2.11134

Abstract

Interfaith marriage is a widely debated issue in Indonesia, particularly within the context of Islamic law. The prohibition of interfaith marriages has frequently been the subject of substantial criticism from an Islamic legal perspective. This article aims to critically examine the enforcement of this prohibition within Indonesia's marriage legal system. Employing a normative legal approach and literature analysis, the research explores various Islamic law perspectives on the prohibition of interfaith marriages. Additionally, this study analyzes the social, cultural, and legal impacts of this prohibition on Indonesian society. The findings indicate that the prohibition of interfaith marriages often conflicts with principles of justice, religious freedom, and human rights. In the context of Islamic law, several scholars and legal experts advocate for a more inclusive interpretation, emphasizing the importance of considering social context and justice in marital regulations. It is essential to formalize Islamic law by incorporating sociological and cultural aspects and aligning it with the national constitution. Therefore, the development of Indonesia's marriage legal system must consider universal values that evolve sociologically and culturally. In conclusion, this research underscores the need for reform in Indonesia's marriage legal system to accommodate individual needs and rights while respecting religious and cultural values. These changes are expected to provide legal recognition for interfaith marriages and promote a more inclusive and harmonious society.
Assessing Criminal Penalties in Marriage Law: a Comparative Study of Policy Frameworks within Indonesian and Malaysian Legislation Sirait, Adi Syahputra; Harahap, Nurhotia; Hidayat, Taufik; Harahap, Risalan Basri
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 18 No. 2 (2024)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/mnh.v18i2.11208

Abstract

This article examines the policy on criminal sanctions in Islamic marriage law in Indonesia and Malaysia, focusing on a comparative analysis between the two countries. The main objective of this study is to understand how both countries, with their Muslim-majority populations, formulate and apply criminal sanctions in cases of violations of Islamic marriage law. This research employs a library research methodology. The primary sources of data for this study include Law No. 1 of 1974, the Compilation of Islamic Law, the Federal Territories Islamic Family Law Enactment, and Islamic law. The findings of this study indicate that although Indonesia and Malaysia share a common foundation in Sharia law, there are significant differences in the application of criminal sanctions related to Islamic marriage. In Indonesia, the policy on criminal sanctions is more influenced by the secular national legal system, while in Malaysia, Sharia law plays a more dominant role in the state judiciary system. The review of Islamic law related to the application of criminal sanctions for violations of marriage laws remains weak in its implementation. Therefore, stricter sanctions should be established for violators to provide a significant deterrent effect. This approach aligns with al-Ghazali's concept of maslahah, which prioritizes good and avoids harm (mafsadah).
The Controversy of Child Marriage Culture in The Perspective of Maqāṣid al-Usrah: A Case Study of The Authority of Lebe' in Brebes Aprilianto, Dwi; Na'imah, Farida Ulvi; Fauzi, Ahmad; Maknuun, Lu’lu’ il
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 18 No. 2 (2024)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/mnh.v18i2.11554

Abstract

This research is backdroped by the role of Kiais (religious figures) whose opinions regarding the permissibility of child marriage are widely followed by their local community. It aims to investigate the relevance of child marriage law in the Regency of Brebes from the perspective of maqāṣid al-usrah. This research was conducted in Banjarharjo, Pararaja, Banjaran, and Brebes districts of the  Regency of Brebes by employing legal anthropology and Ushul al-Fiqh approaches. The theories used in this research are internalization theory and maqāṣid al-usrah. Data were collected through interviews, observations, and document analysis. The practice of child marriage in Brebes society is, in principle, irrelevant to the concept of maqāṣid al-usrah, which was theoretically explained by Jamal al-Din 'Aṭiyyah. This research found that religious understanding that is internalized in the community traditions resulted in a fiqh product entitled Kitāb al-Nikah authored by an Indonesian ulama and the authority of Lebe' which has had a significant influence on the practice of child marriage in Brebes Regency. The practice of child marriage should not only be based on authoritative texts but also requires consideration of 'āqil bāligh as well as consideration of suitability, namely rushd (capability) as well as considering maqāṣid al-usrah, regulating the relationship between men and women (tanẓīm al-'alaqah bayn al-jinsayn), realization of peace, love, and compassion (taḥqīq al-sakn wa al-mawaddah wa al-raḥmah), maintaining religion in the family (hifz al-tadayyun fi al-usrah), regulating the essential aspects of the family (tanẓīm al-jānib al-mu'assasī li al-usrah), and Family Financial Regulation (tanẓīm al-jānib al-māl li al-usrah).
The Contestation of Legal Foundations in the Resolution of Islamic Economic Disputes in Religious Courts Hasanudin; Kamsi; Anshori, Ahmad Yani
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 18 No. 2 (2024)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/mnh.v18i2.11934

Abstract

Prior to the issuance of Supreme Court Regulation No. 2 of 2008, judges in Sharia economic dispute cases primarily relied on legal sources from kutub al-turāṡ (classical fiqh texts), including those pertaining to fiqh al-qadā’ (jurisprudence on adjudication). However, following the implementation of this regulation, some judges have continued to incorporate the Civil Code in their legal reasoning. This article seeks to examine the legal framework for resolving Sharia economic disputes in Indonesia. The theoretical foundation applied by the author is Lawrence Meir Friedman’s legal system theory. This study employs a normative legal approach to explore the legal system governing Sharia economic justice in Indonesia’s Religious Courts. It examines decisions from the Religious Courts in Purbalingga, Banyumas, and Purwokerto, focusing on rulings made both before and after the issuance of the Supreme Court Regulation on the Compilation of Sharia Economic Law (KHES), as well as five decisions from 2018-2019. The study’s findings reveal that the legal framework for Sharia economic dispute resolution in Indonesia has adequately addressed community needs, with the Religious Courts holding exclusive jurisdiction over these matters. However, there is an ongoing contestation between Islamic legal sources and civil law, which is rooted in Dutch law, in the decisions analyzed. Moreover, the absence of a Compilation of Islamic Economic Procedure Law based on Islamic Law has contributed to the suboptimal implementation of legal substance and culture. As a result, according to Friedman’s legal system theory, the legal framework for resolving Islamic economic disputes has not yet functioned effectively from the perspective of Islamic law.
Theft in the Family Context: An Analysis of Article 367 of the Criminal Code and its Application in Indonesia Hanafi; Khalid, Afif; Wardiansyah, Gusti; Hidayatullah
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 18 No. 2 (2024)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/mnh.v18i2.12198

Abstract

This study aims to explore the regulation and implementation of family criminal law regarding theft cases within a family context from the perspectives of Indonesia Criminal Codes (KUHP) and the theory of jarimah of the Islamic criminal law. By employing a descriptive qualitative method with a literature review approach, the research analyzes legal sources and relevant literature. The findings reveal that theft is generally regarded as a common crime. However, in specific contexts, such as theft occurring within a family setting, special provisions outlined in Article 367 of the KUHP. This article classifies family theft as a complaint offense (klacht delict), meaning it can only be prosecuted if there is a complaint from the aggrieved party. The study underscores the importance of thoroughly understanding the characteristics of family theft and its implications for the criminal justice system. It also highlights the need for further evaluation of the effectiveness and application of this law in the Indonesian family context, incorporating insights from the theory of jarimah in Islamic criminal law.
Legal Culture and the Dynamics of Religious Interaction in Ritual Practices among Interfaith Marriage Muchimah; Jahar, Asep Saepudin; Hamdani; Fajarini, Ulfah
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 18 No. 2 (2024)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/mnh.v18i2.11659

Abstract

This study examines the legal culture dealing with the interaction of religious practices and rituals among interfaith couples in Purwokerto, Central Java, emphasizing the social and legal dynamics influencing family life. In Indonesian society, interfaith marriage presents a complex issue, intersecting between state legal regulations and religious doctrines. By using qualitative methods through in-depth interviews and analysis of legal documents, this research delves into how interfaith couples navigate their daily lives, compromise the religious differences, and adapt to the prevailing legal framework. Legal culture component in legal system, comprising values and attitudes that influence the operation of the law, this research argues that legal culture significantly influences the practices in n t both social and and religious rituals, struggling the efforts to maintain household harmony. The issuance of Supreme Court Circular (SEMA) Number 2 of 2023 gave impact to the comprehensive legal interpretation and adaptation. This study demonstrates of understanding the interrelation of law, religion, and social practices within Indonesia’s religious pluralism and its implications for the legal acknowledgment and spiritual lives of interfaith couples.
Legal Authority and Marital Identity: A Study on the Kalosara Tradition of the Tolaki People in Southeast Sulawesi Ahmadi; Zainuddin, Asriadi; Zainal, Asrianto; Darlis, Syamsul
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 18 No. 2 (2024)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/mnh.v18i2.11956

Abstract

For the Tolaki indigenous people, a marriage is considered valid when it is conducted in accordance with the kalosara tradition. This signifies that the legitimacy of marriage among the Tolaki people of Southeast Sulawesi is not determined by adherence to Islamic law or state regulations, but by the observance of the kalosara customary practice. This study seeks to explore the kalosara tradition as the prevailing authority in the marriage law of the Tolaki community in Southeast Sulawesi, and to analyze the perspectives of Islamic law through the concepts of ‘urf and maṣlaḥa mursala in relation to this tradition. Employing a qualitative research method with an empirical-normative approach, data were gathered through interviews with traditional leaders, community figures, and religious authorities. The findings of the study indicate that the kalosara tradition in Tolaki community wedding ceremonies consists of three stages: seeking permission, the proposal, and the marriage contract. The Tolaki people regard a marriage as valid only if it adheres to the kalosara tradition, establishing customary law as the dominant form of marriage law within the community. From the perspective of ‘urf, the kalosara tradition is deemed acceptable, as it fulfills the criteria of al-‘urf al-ṣaḥīḥ (good custom). Moreover, the kalosara tradition contributes to social welfare within the Tolaki community of Southeast Sulawesi. This research is expected to make a significant global contribution to the development of studies on marriage law and tradition. Furthermore, it is deserving of recognition as a valuable academic resource addressing societal legal needs concerning the practice of marriage traditions.

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