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Muhammad Fuad Zain
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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. 20 No. 1 (2026)" : 3 Documents clear
State-Religion Relations and Halal Governance: Islamic Legal Policy in Indonesia and Malaysia Humaidi, M. Wildan; Ridwan; Salleh, Mohd Mahyeddin Mohd
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 20 No. 1 (2026)
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.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 Rusmiyati, Chatarina; Wahyono, Eko; Carolina, Carolina; Tursilarini, Tateki Yoga; Tantri, Erlita
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 20 No. 1 (2026)
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.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
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 20 No. 1 (2026)
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.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.

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