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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. 19 No. 1 (2025)" : 10 Documents clear
Reconstructing the Indonesian Legal System through the Lens of Maṣlaḥah Mursalah Nasrullah; Najib, Moh; Huda, Uu Nurul; Faizal, Enceng Arif
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 19 No. 1 (2025)
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.v19i1.7861

Abstract

This article examines the construction of the Indonesian legal system through the theoretical lens of maṣlaḥah mursalah, an Islamic legal principle centered on public interest and benefit. The study contributes to the expansion of Islamic legal scholarship within the realm of legal politics in Indonesia. Employing a normative legal research method, it integrates conceptual, historical, and statutory approaches to examine the relevance and application of maṣlaḥah mursalah in the national legal framework. The findings indicate that maṣlaḥah mursalah can serve as a foundational legal theory for constructing a just legal system, especially one that aligns with societal needs and promotes the common good. The Indonesian legal system's development, when viewed through the prism of maṣlaḥah mursalah, reveals two key dimensions: first, the legal construction rooted in the Pancasila-based system as constitutionally mandated by the 1945 Constitution, and second, the partial institutionalization of Islamic law within the national legal order. This dual structure reflects Indonesia's efforts to harmonize religious values with national legal development, offering a model for integrating Islamic jurisprudence with modern state law.
From Text to Context: The Role of Kyai in Shaping Modern Islamic Inheritance Law Nur, Muhammad; Nisa, Siti Maymanatun; Arhamzah, Tashdieq Ulil Amri; Sidqi, Imaro; Witro, Doli
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 19 No. 1 (2025)
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.v19i1.9762

Abstract

This study aims to analyse the reasons for applying modern Islamic inheritance law based on the ijtihad of Kyai and examine the construction of modern Islamic inheritance law developed in Kajen District. This study is an empirical legal study using a sociological approach to law. Data was obtained through in-depth interviews with Kyai, participatory observation, documentary studies, and Focus Group Discussions (FGD). This study shows that the development of modern Islamic inheritance law in the Muslim community of Kajen District is influenced by changes in mindset, attitudes, and social culture. Kyai has developed a legal construction of inheritance that combines local cultural values with contemporary Islamic principles through philosophical, juridical, and socio-cultural arguments. The three main provisions resulting from this ijtihad include: first, the expansion of the concept of substitute heirs, not limited to grandchildren but also including siblings and parents, even when the testator is still alive; second, equality in the distribution of inheritance between men and women; and third, the recognition of the right to maintenance and mandatory bequests for children born out of wedlock through the mechanism of substitute heirs. This research contributes academically by demonstrating that local traditions play a strategic role in shaping the pattern of Islamic inheritance law, ijtihad, thereby enriching the contemporary sociology of Islamic law.
Reforming the Islamic Calendar and Religious Authority: Dynamics of Hijri Calendar Calculation in Indonesia within Persatuan Islam's Thought Marwadi; Labib, Mughni; Zain, Muhammad Fuad
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 19 No. 1 (2025)
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.v19i1.10574

Abstract

Differences in determining the start of Hijri calendar months, particularly Ramadan, Shawwal, and Zulhijah, remain a recurring issue in Indonesia due to the persistent divide between users of hisab (astronomical calculations) and rukyat (moon sightings), each adhering to different criteria without a shared standard. This study offers a novel examination of Persatuan Islam (Persis), a prominent Islamic organization historically aligned with hisab, which has now shifted its stance by integrating rukyat into its calculations. Using a qualitative library research approach, the study draws on documentation and interviews, analyzed through the lenses of the philosophy of science and sociology of knowledge, to understand this paradigm shift. The findings show that Persis has transitioned to a hisab cum rukyat method, a hybrid approach combining calculations with empirical observation. This methodological innovation marks a significant development in Indonesia's Hijri calendar discourse. The research highlights this evolving paradigm as a promising alternative for bridging the long-standing divide and fostering the potential unification of the Hijri calendar in Indonesia.
Toward Interfaith Equality in Islamic Inheritance Law: Discourse and Renewal of Judicial Practice in Indonesia Riyanta; Najib, Agus Moh.; Bahiej, Ahmad; Falah, Mohammad Bachrul
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 19 No. 1 (2025)
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.v19i1.10762

Abstract

The Supreme Court of Indonesia has granted portions of inheritance to non-Muslim relatives through the legal mechanism of wasiat wājibah (obligatory will), based on considerations of propriety and limited to no more than one-third of the estate. This article examines how the Supreme Court establishes the legal basis, rationale, and relevance of applying wasiat wājibah to non-Muslim relatives, and how this practice contributes to the reform of Islamic inheritance law in Indonesia. The study employs a normative legal research method with a case based approach. The findings reveal that the Supreme Court’s decisions to award wasiat wājibah to non-Muslim relatives represent a form of judicial innovation aimed at achieving maslahah (public benefit) among heirs. However, the application of wasiat wājibah remains case-specific, determined by the perceived benefit within the personal relationship between a Muslim testator and their non-Muslim relatives. These rulings hold significant relevance for the reform of Islamic inheritance law in Indonesia. First, conceptually, Islamic inheritance law falls under the domain of mu‘āmalah (civil transactions), which allows for reinterpretation and contextualization based on local realities. Second, the implementation of wasiat wājibah reflects a constructive response to the evolving social and legal dynamics of Indonesia’s pluralistic society.
Divorce Mediation at Panyabungan Religious Court: Transforming the Desire for Divorce into Reconciliation through Cultural Values in Contemporary Islamic Jurisprudence Sebyar, Muhamad Hasan; Jafar, Wahyu Abdul; Harahap, Sumper Mulia; Putra, Dedisyah; Efendi, Rahmad
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 19 No. 1 (2025)
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.v19i1.12255

Abstract

Divorce mediation has emerged as a practical approach to resolving marital disputes, transforming the desire for divorce into an opportunity for reconciliation within contemporary Islamic jurisprudence and cultural contexts. This process highlights the growing importance of integrating cultural values into legal dispute-resolution mechanisms, particularly in Muslim societies where local traditions significantly influence family dynamics. This article assesses the effectiveness of divorce mediation in Indonesia, focusing on its role in reducing conflict, fostering post-divorce cooperation, and supporting the psychological well-being of couples involved. A mixed-methods approach combines quantitative surveys of 111 couples who participated in mediation with in-depth interviews with three professional mediators. Reconciliation was evaluated based on participants' perceptions of post-divorce interactions, particularly their communication and co-parenting abilities. The study acknowledges limitations, such as purposive sampling, which restricts generalizability, and reliance on self-reported data that may introduce bias. Results show that 75% of couples experienced reduced conflict, 95% were satisfied with the outcomes, and 60% reported continued cooperation three years post-divorce. The study emphasizes the role of mediators, structured negotiation processes, and cultural values in successful mediation, recommending improved mediator training and culturally sensitive approaches.
Between Doctrine and Custom: A Sociological Study on the Distribution of Zakat to Santri Musanna, Khadijatul; Fitri, Aulia; Junaidi; Azhar; Badruzaman, Akhmad Roja
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 19 No. 1 (2025)
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.v19i1.12386

Abstract

This research evaluates the practice of zakat distribution to santri in Aceh through the sociology of Islamic law approach. In Acehnese society, religious figures such as Dayah, Teungku, and Abi have high authority that influences socio-religious practices, including the allocation of zakat. This respect forms a social doctrine that prioritizes santri as zakat recipients, even though their economic status is not always categorized as fakir (destitute) or miskin (poor) in the classical zakat provisions. This research uses qualitative methods, in-depth interview techniques, and participatory observation involving Tgk Imum, amil, and Dayah leaders in ten villages. The results identified three main factors shaping zakat distribution: community perceptions of santri, the strength of social networks, and the role of ʿurf (local custom). Santri are positioned as fighters in the cause of Allah (fī sabīlillāh), and their proximity to religious authorities strengthens this legitimacy. Based on sahih ʿurf, this practice integrates sharia principles with local socio-cultural dynamics.
Aligning Fiqh Disaster with Indonesia’s Management Disaster Policy: A Maqāṣid Methodology Review Arief, Ahmad; Sultan, Lomba; Amin, Abd. Rauf Muhammad; Musyahid, Achmad; Syarif, Muhammad Fazlurrahman
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 19 No. 1 (2025)
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.v19i1.12872

Abstract

This study aims to align the principles of fiqh of disasters with Indonesia’s disaster management policies, particularly Law No. 24 of 2007. It seeks to explore how Islamic legal objectives can enrich and complement Indonesia's disaster governance framework. Using a maqāṣid based analytical approach, the research identifies and categorizes key elements within the maqāṣid framework, including concepts, objectives, values, societal groups, universal laws, divine commands, and textual evidences. These components are then systematically examined to evaluate their relevance and alignment with national disaster management strategies. The findings reveal a significant divergence in the interpretation of disaster and disaster management stakeholders between the two paradigms. Indonesian law defines disaster in technical-administrative terms, while fiqh emphasizes theological dimensions, such as divine awareness and submission to God’s will. Furthermore, the integration of religion as a vital element in disaster management remains insufficiently addressed in current policy frameworks. This study offers a novel integration of maqāṣid al-sharīʿah into the context of disaster management, proposing a theological-ethical dimension often overlooked in secular policy discourse. It bridges religious jurisprudence with contemporary disaster governance. The research suggests that involving religious leaders, institutions, and the Ministry of Religious Affairs in all disaster stages of prevention, response, and recovery can strengthen community resilience by fostering spiritual preparedness, psychological support, and culturally grounded disaster literacy.
Reassessing Women's Obligation in Friday Prayer on Fiqh al-Ḥadīth and Maqāṣid al-Sharīʿah in the Perspective of Majelis Tafsir Al-Qur'an (MTA) Sukron, Mokhamad; Said Agil Husin Al-Munawar; Zaitunah Subhan; Supriyanto
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 19 No. 1 (2025)
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.v19i1.12942

Abstract

This study investigates the interpretation of the Majelis Tafsir Al-Qur'an (MTA) regarding the obligation of Friday prayers for women, employing the analytical frameworks of Fiqh al-Ḥadīth and Maqāṣid al-Sharīʿah. MTA adopts a literal exegesis of QS. al-Jumuʿah: 9, asserting its universal applicability irrespective of gender. The study critically reevaluates the traditionally understood Hadiths to exempt women, interpreting them as providing legal flexibility rather than categorical exclusion. By applying sanad (chain of transmission) and matan (text-content) analysis, MTA integrates classical methodological rigor with contextual reasoning, thereby advocating a reformist yet tradition-conscious stance. This research highlights MTA's inclusive perspective as a significant contribution to contemporary Islamic legal discourse, aiming to promote enhanced religious participation and social cohesion. Nonetheless, the study identifies ongoing challenges, including contextual limitations and restricted mosque access for women. The findings underscore how MTA's interpretive model embodies a progressive rethinking of Islamic obligations in response to evolving social realities.
Polygamy Legal Politics in Southeast Asian Muslim Countries: Legal Pluralism and Qur'anic Perspectives Naqiyah; Triana, Nita; Zakaria, Gamal Abdul Nasir; Liddini, Laily
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 19 No. 1 (2025)
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.v19i1.13201

Abstract

Polygamy regulations are designed to protect the interests of Muslim families; however, ironically, in some Muslim countries, these regulations have been associated with triggering domestic violence. This study aims to examine the legal politics of polygamy in Southeast Asian Muslim countries: Indonesia, Malaysia, and Brunei Darussalam using a legal pluralism approach alongside Qur'anic perspective. The methodology employed is qualitative with a descriptive-interpretative approach. The findings indicate that these three countries regulate polygamy through two reforms: intra-doctrinal reforms that accommodate religious and cultural norms and extra-doctrinal reforms encompassing legal frameworks, judicial systems, and institutional structures. Three main factors influence these legal policies: religious understanding, local traditions, and political and social dynamics. As ūlū al-amri (authoritative leaders), the governments of these countries are committed to regulating polygamy to benefit families and children by integrating Islamic values, local traditions, and colonial legal influences. These regulations align with the Qur'anic message that permits polygamy under certain conditions and strict requirements, aiming to achieve marital goals of tranquility (sakīnah), affection (mawaddah), and compassion (raḥmah). However, stricter supervision and substantive legal reforms are necessary to reinforce these requirements and impose sanctions on violators.
From Margin to Authority: Islamic Legal Discourse on Women’s Political Rights in a Global Human Rights Framework Mulyo, Mufrod Teguh; Jandra , Mifedwil; Munifah
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 19 No. 1 (2025)
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.v19i1.13247

Abstract

This article examines the protection of women’s political rights in Islam concerning international human rights conventions. While numerous studies have addressed the historical evolution of women’s political participation, limited attention has been given to the normative foundations of Islamic teachings supporting such rights. This study seeks to fill that gap by focusing on how Islamic values uphold and safeguard women’s political rights. Employing a legal-normative approach, the research examines classical and contemporary legal literature and religious interpretations, particularly referring to the Qur’an Surah Al-Mumtahanah (60:12) as key textual evidence. The findings reveal that Islamic teachings not only permit but actively encourage women’s involvement in political life, challenging conservative interpretations that limit their participation under religious pretexts. This research contributes to scholarly discourse by fostering reconciliation between Islamic principles and global human rights standards, promoting a more inclusive and empowering view of women in Muslim societies. It also refutes prevalent misconceptions regarding Islam’s stance on women’s political engagement. Future studies are encouraged to conduct comparative analyses of how women’s political rights are implemented across diverse Islamic and non-Islamic socio-political contexts.

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