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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
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Search results for , issue "vol. 20 no. 1 (2026)" : 10 Documents clear
State-Religion Relations and Halal Governance: Islamic Legal Policy in Indonesia and Malaysia M. Wildan Humaidi; Ridwan; Mohd Mahyeddin Mohd Salleh
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 20 No. 1 (2026)
Publisher : Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/mnh.v20i1.15374

Abstract

The relationship between religion and the state has long been a subject of scholarly debate. This relationship is commonly classified into three dominant models: the integralist model, in which religion and the state are fully integrated; the secularist model, which maintains a strict separation between religious and political spheres; and the symbiotic-mutualistic model, which seeks a proportional balance between the two. This study examines how these frameworks are manifested in halal policy governance in Southeast Asia, with a particular focus on Indonesia and Malaysia. Employing a comparative qualitative approach, data were collected through document analysis, relevant scholarly sources, and interviews with key stakeholders. The findings indicate that constitutional recognition of religion does not necessarily determine the structure of halal policy governance. In Indonesia, halal policy is embedded within the state bureaucracy and religious authority through the Halal Product Assurance Law. In contrast, in Malaysia, halal certification is institutionalized under the Department of Islamic Development Malaysia (JAKIM), shaped by considerations of trade and economic development. In both cases, halal certification has evolved beyond a purely religious obligation into a strategic political–economic instrument with global relevance. This study concludes that halal governance reflects a hybridization of religious, political, and economic factors, highlighting the importance of analyzing halal policy within the framework of global political economy. The findings contribute theoretically to the growing field of halal political economy studies, particularly in understanding state–religion relations in Southeast Asia. Halal governance can no longer be viewed merely as an instrument of religious policy but has become a strategic domain within the global political economy.
Participatory Governance of Customary Forests: Institutional Collaboration in Islamic Law and Customary Law Perspectives Chatarina Rusmiyati; Eko Wahyono; Carolina Carolina; Tateki Yoga Tursilarini; Erlita Tantri
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 20 No. 1 (2026)
Publisher : Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/mnh.v20i1.15484

Abstract

This study analysis institutional collaboration between customary and religious systems in customary forest management through the lens of participatory and sustainable social ecological governance, emphasizing Islamic environmental jurisprudence (fiqh al-bī’ah). It challenges state-centric and top-down forest governance models by highlighting locally embedded regulatory frameworks that integrate customary norms with Islamic legal-ethical principles derived from uṣūl al-fiqh and maqāṣid al-sharī‘ah. The study asks how interactions between customary institutions and religious authorities function as socially legitimate mechanisms that sustain ecological balance while improving indigenous welfare. Using a mixed-methods design, the research combines quantitative analysis through Structural Equation Modeling–Partial Least Squares (SEM-PLS) with qualitative inquiry including in-depth interviews and focus group discussions with customary leaders, religious authorities, and community members. Results show that integrating customary law and Islamic jurisprudence generates strong social legitimacy grounded in khilāfah, amānah, and maṣlaḥah. Religious moral sanctions and environmental ethical narratives reinforce compliance with customary ecological norms and strengthen collective participation. The study concludes that adat religious collaboration represents a normative governance model aligned with maqāṣid al-sharī‘ah, particularly the protection of life, resources, and ecological balance. This model offers a jurisprudential foundation for inclusive and participatory forest governance that respects legal pluralism while supporting indigenous welfare and environmental sustainability.
Tarjīḥ Maqāṣidī Approach to Marriage Dispensation in Cases of Child Pregnancy in Indonesia Dwi Aprilianto; Enik Isnaini; Ja’far Shodiq; Adindah Filzah Ukhtu Dihya; Siti Marpuah
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 20 No. 1 (2026)
Publisher : Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/mnh.v20i1.15882

Abstract

This study examines the legal and social paradox of marriage dispensation in Indonesia, particularly in cases of premarital pregnancy, where child protection objectives often conflict with the formal legitimacy of marriage. Although frequently justified as a protective legal mechanism, this article argues that marriage dispensation primarily functions as an emergency response, offering short-term legal relief while generating long-term social harm. Using a socio-legal and normative-empirical approach, the study applies the maqāṣid al-sharīʿah framework, particularly tarjīḥ maqāṣidī, to evaluate legal priorities in light of the higher objectives of Islamic law. Its novelty lies in measuring maṣlaḥah through multi-dimensional indicators scope, durability, precision, effectiveness, and temporal impact based on empirical data from Religious Courts and Women’s Empowerment and Child Protection agencies in East Java, Central Java, and West Java. The findings show that the benefits of marriage dispensation are limited to formal lineage recognition and stigma reduction. At the same time, its harms are extensive and enduring, including reproductive health risks, educational disruption, psychological vulnerability, and intergenerational poverty. From a maqāṣid perspective, this imbalance reflects a failure to protect life, intellect, and progeny. This study concludes that the marriage dispensation is normatively inconsistent and calls for prevention-oriented legal harmonization that prioritises child protection.
Neglecting Islamic Law in the Distribution of Inheritance in the Sasak Muslim Society: A Study of Legal Pluralism Sri Wahyuni; Putri Ananda Saka Siregar; Rahmatullah
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 20 No. 1 (2026)
Publisher : Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/mnh.v20i1.14987

Abstract

This study examines the persistence of Sasak customary inheritance practices within a predominantly Muslim society, focusing on their implications for gender justice through the lens of legal pluralism. Despite the normative authority of Islamic inheritance law (farā’iḍ), the Sasak community continues to prioritize a patrilineal customary system that allocates inheritance exclusively to male heirs, thereby excluding women. Using an empirical socio-legal approach, this research draws on in-depth interviews, observations, and engagement with community members, customary leaders, and religious authorities. The findings reveal that customary law maintains strong social legitimacy due to deeply internalized traditions, reflecting Max Weber’s concept of traditional social action. In this context, inheritance practices are shaped more by habitual norms than by formal religious or legal rationality. The authority of customary leaders often surpasses that of Islamic religious figures, contributing to the marginalization of Islamic inheritance law. This dynamic results in the systematic exclusion of women from inheritance rights, reinforcing gender inequality and negatively affecting women’s socio-economic welfare. The study contributes to the discourse by highlighting the gap between normative Islamic law and its practical implementation, calls for strengthening legal awareness and institutional engagement to promote more equitable inheritance practices.
Middle Eastern Geopolitics and the Transformation of Islamic Law: An Analysis of Islamic Politics in Muslim Countries Kunkunrat; Ade Priangani; Willya Achmad
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 20 No. 1 (2026)
Publisher : Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/mnh.v20i1.16028

Abstract

This study examines the significant influence of regional geopolitical dynamics on the evolution of Islamic law, emphasizing the consequences of legal policies and reforms in the Middle East for non-Arab Muslim countries, particularly Indonesia and Malaysia. Using a qualitative research design and a comparative case study approach, the research is grounded in a constructivist-interpretivist framework and draws on in-depth interviews with scholars, policymakers, journalists, and observers of Islamic politics. Public discourse, policy, and legal documents are also thoroughly analyzed. The study reveals that the evolution of Islamic law is shaped by both international geopolitical tensions and domestic political factors, with distinct manifestations, including conservative theocratic, revolutionary, ideological, secular-pragmatic, and modernist approaches. Notably, geopolitical rivalries in the Middle East have exacerbated sectarian divisions in the Islamic legal discourse. While, the application of Islamic law outside the region is increasingly being integrated into constitutional and democratic frameworks. By addressing the intersection of Islamic law, politics, and geopolitics, this research advocates for promoting moderate Islamic constitutionalism, fostering transnational legal pluralism, and advocating for a more distinct separation between religious and political interests. The study contributes novel perspectives on how Islamic law adapts and evolves in response to contemporary global political shifts, offering critical insights for policymakers and scholars engaged with legal and political transformation in the Muslim world.
An Empirical Analysis of Experts' Perceptions on Reforming Sri Lanka's Muslim Marriage and Divorce Act of 1951: Perspectives on Sharia and Modernity Ahmad Sunawari Long; Iqbal Saujan; Seeni Mohamed Mohamed Nafees; Ahamed Sarjoon Razick; Hasse Jubba
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 20 No. 1 (2026)
Publisher : Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/mnh.v20i1.15430

Abstract

The Muslim Marriage and Divorce Act No. 13 of 1951 (MMDA) provides a distinct legal framework governing marriage, divorce, polygamy, guardianship, Quazi court procedures, and maintenance among Sri Lankan Muslims. Debates over its reform have generated significant internal polarization. Reformist groups advocate amendments that respond to contemporary social realities, particularly women's rights and procedural justice. In contrast, conservative groups argue that any reform must remain consistent with Islamic Sharia, religious norms, and established customary practices (ʿurf). This study examines expert perceptions of the most contested issues in the proposed MMDA reforms. Using a quantitative descriptive design, 300 self-administered questionnaires were distributed to legal and religious scholars, Quazi judges, Arabic college principals, academics, postgraduate students, and prominent Muslim community leaders. A total of 250 valid responses were analyzed using SPSS version 24. The findings indicate strong support for several reforms, including the introduction of clear eligibility criteria for Quazis, supported by 94.3% of respondents; strengthening women's maintenance rights by considering husbands' income, 84%; requiring women's consent in marriage contracts, 75%; and establishing separate Quazi court operations, 88%. Respondents also showed moderate support for setting a minimum marriage age, 53%, and regulating the conditions of polygamy. However, resistance remained toward women's autonomous partner selection, the appointment of female Quazis, the removal of the term "sect," and the expansion of the law to include all madhhabs. The study concludes that MMDA reform in Sri Lanka requires a balanced legal approach that reconciles Islamic legal authority, community identity, gender justice, and contemporary standards of procedural fairness.
State-Mediated Fiqh and the Regulation of Muslim Interfaith Marriage in Southeast Asia Imam Kamaluddin; Setiawan bin Lahuri; Iman Nur Hidayat; Saipul Nasution; Fazari Zul Hasmi Kanggas; Hafini bin Mahmud
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 20 No. 1 (2026)
Publisher : Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/mnh.v20i1.15954

Abstract

Interfaith marriage involving Muslims remains a contentious issue in contemporary Islamic family law, particularly where classical jurisprudence intersects with state authority. This article examines the interpretation, codification, and regulation of classical Islamic doctrines within the legal frameworks of Indonesia, Malaysia, and Brunei Darussalam. Utilizing a comparative legal approach, the study analyzes statutory regulations, judicial precedents, and administrative policies concerning marriage with Ahl al-Kitāb. The findings reveal that, while all three nations draw on the Shāfiʿī school, their regulatory outcomes diverge due to variations in institutional design and the state's role in mediating Islamic law. Indonesia exhibits a dynamic model of legal pluralism, where administrative and judicial interpretations have historically created limited spaces for interfaith registration despite normative restrictions. Malaysia maintains a structured dual legal system characterized by jurisdictional separation and mandatory conversion requirements. Brunei Darussalam employs a highly centralized model of Islamic legal authority, resulting in an absolute prohibition without alternative recognition mechanisms. Ultimately, this study demonstrates that interfaith marriage regulation is shaped by the institutional transformation of Fiqh into enforceable state law, contributing to broader debates on legal pluralism and the "mujtahid state".
Conceptualizing Siyasah Syariah Maliyah: The Acculturation and Transformation of Sharia Finance in Aceh Farid Fathony Ashal; Habibi Zaman Riawan Ahmad; Zenno Noeralamsyah; Mohammad Hasyim; Fahmi Yunus
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 20 No. 1 (2026)
Publisher : Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/mnh.v20i1.14378

Abstract

Aceh's formal implementation of Islamic law, as Indonesia's only province endowed with special autonomy in this domain, offers a critical socio-legal setting for examining how Islamic legal principles are translated into contemporary public policy. While Islamic economics and governance have generated substantial scholarly debate, the conceptual foundations of Islamic financial governance within regional policymaking remain insufficiently theorized. This study addresses this gap by reconstructing siyasah syariah maliyah as an integrated framework of Sharia-based financial governance grounded in classical Islamic political thought and adapted to Aceh's modern regulatory context. Employing qualitative conceptual analysis, the study synthesizes the tradition of siyasah shar'iyyah with Aceh's legal and institutional developments. The findings reveal that siyasah syariah maliyah operates through seven interrelated dimensions: public welfare (maslahah), resource allocation, legal-rational policymaking, policy flexibility (siyasah), regional legislation (qanun), market supervision (hisbah), and economic development (tanmiyah). These dimensions are empirically reflected in Aceh's Islamic financial transformation, particularly through the mandatory conversion of conventional banks into Islamic banks and the enactment of regulatory qanun. The study contributes to the literature by offering a systematic conceptualization of siyasah syariah maliyah, demonstrating the acculturation of Islamic legal norms into modern governance, and proposing an adaptable model for Muslim-majority regions seeking to institutionalize Islamic financial principles within plural legal systems.
From Doctrine to Domestic Resilience: The Lived Meaning of Mīṡāqan Ghalīẓan among Salafi Families Tri Wahyu Hidayati; Siti Robikah; Muhyar Fanani; Ahmad Baha
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 20 No. 1 (2026)
Publisher : Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/mnh.v20i1.15475

Abstract

This article examines the lived meaning of mīṡāqan ghalīẓan, the solemn marital covenant articulated in Q.S. al-Nisāʾ [4]:21, among Salafi families in Semarang Regency, Indonesia. Focusing on how these families respond to domestic tensions and economic pressures, the study situates mīṡāqan ghalīẓan at the intersection of Qur’anic exegesis, maqāṣid al-sharīʿah, and everyday marital practice. Based on qualitative fieldwork involving in-depth interviews and participant observation, the article shows that mīṡāqan ghalīẓan is not understood merely as a juridical formula within marriage, but as a moral-spiritual covenant that shapes spousal relations, conflict resolution, and household economic decision-making. The findings reveal that marital disagreements are commonly managed through musyāwarah, ethical self-restraint, and mutual accountability, while economic hardship is interpreted as a spiritual trial requiring patience, cooperation, and shared responsibility. These practices challenge the common assumption that Salafi marital life is inherently rigid, patriarchal, or authoritarian. Instead, they reveal a relational ethic rooted in religious discipline, negotiated responsibility, and moral accountability. Seen from the maqāṣid al-sharīʿah, these practices help protect five essential values in Islam: religion, life, intellect, family lineage, and property. By connecting Qur’anic interpretation with lived marital experience, this study contributes to contemporary debates on Islamic family ethics, Salafi social practice, and Muslim family resilience. It argues that mīṡāqan ghalīẓan operates not only as a theological and legal concept, but also as a dynamic ethical framework for sustaining family resilience in contemporary Muslim societies.
Reconstructing Eco-Maqāṣid al-Sharī‘ah for CSR Policy and Radioactive Waste Management: An SDGs-Based Study in Banten and West Java Titik Triwulan Tutik; Kunawi Basyir; Mahtumridho Ghufron Bin Simun; Jauharoti Alfin; M. Suyudi
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 20 No. 1 (2026)
Publisher : Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/mnh.v20i1.15916

Abstract

Radioactive waste management is not only a technical and administrative concern but also an ethical, ecological, and intergenerational responsibility. This article reconstructs the concept of eco-maqāṣid al-sharī‘ah as a normative framework for strengthening corporate social responsibility (CSR) policies in radioactive waste management in Banten and West Java, Indonesia. Existing regulatory frameworks tend to prioritize procedural compliance, risk control, and institutional administration, while giving limited attention to moral accountability, ecological justice, and community-based responsibility. Using a normative legal method supported by conceptual and policy analysis, this study examines statutory regulations, corporate reports, international safety standards, and relevant Islamic legal literature. The findings show that eco-maqāṣid, particularly the protection of life, future generations, and the environment, offer a transformative ethical foundation for developing Sharia-based CSR in radioactive waste governance. The cases of Banten and West Java demonstrate the urgency of integrating Islamic environmental ethics into risk mitigation, public transparency, community participation, and corporate accountability. The study’s main novelty lies in proposing Eco-Sharia Governance, a maqāṣid-based policy model that bridges national legal frameworks, international radioactive waste standards, SDGs 3, 6, 12, and 13, and Islamic ethical values. This model contributes to a more holistic approach to radioactive waste management by shifting CSR from mere corporate obligation toward ecological responsibility, public safety, and intergenerational justice

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