cover
Contact Name
Muhammad Fuad Zain
Contact Email
fuad.zain@uinsaizu.ac.id
Phone
+6285731141751
Journal Mail Official
fuad.zain@uinsaizu.ac.id
Editorial Address
Fakultas Syariah UIN Prof. K.H. Saifuddin Zuhri Purwokerto Jl. Jend. A. Yani No. 40A Purwokerto 53126 Jawa Tengah - Indonesia
Location
Kab. banyumas,
Jawa tengah
INDONESIA
Al-Manahij : Jurnal Kajian Hukum Islam
ISSN : 19786670     EISSN : 25794167     DOI : https://doi.org/10.24090/mnh
Core Subject : Social,
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 6 Documents
Search results for , issue "vol. 20 no. 2 (2026)" : 6 Documents clear
Institutionalizing Premarital Screening: An Islamic Legal Politics Analysis through the Health Belief Model and Maqāṣid al-Sharīʿah Irwansyah; Deniansyah Damanik
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 20 No. 2 (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.v20i2.15984

Abstract

Premarital screening remains voluntary in Indonesia, creating a policy gap in preventing hereditary diseases such as thalassemia despite increasing public health concerns. This study aims to analyze the politics of Islamic law regarding the institutionalization of premarital screening within Indonesia's national legal system by integrating the Health Belief Model (HBM) and the maqāṣid al-sharīʿah framework. This research adopts a qualitative socio-legal methodology that brings together doctrinal legal inquiry and empirical findings gathered through interviews with prospective marriage partners and key stakeholders. The findings demonstrate that public acceptance of premarital screening is strongly influenced by perceived susceptibility, perceived benefits, and health awareness as conceptualized in the Health Belief Model. From the perspective of Islamic legal politics, mandatory premarital screening represents a preventive legal policy that promotes the protection of life (ḥifẓ al-nafs) and lineage (ḥifẓ al-nasl), while also supporting the protection of intellect and property. The study further argues that institutionalizing premarital screening can be achieved through coordinated legal reforms involving the executive, legislative, and judicial branches. Although premarital screening is generally categorized within maqāṣid al-ḥājiyyāt, its strategic role in preventing genetic disorders justifies stronger legal intervention. This study contributes theoretically by integrating public health behavior with Islamic legal politics and offers practical recommendations for strengthening Indonesia's marriage and public health policies.
Reconstructing Maqāṣid al-Nikāḥ: A Comparative Analysis of Gender Rights in Indonesian and Iranian Marriage Law Thoat Stiawan; Salman Al Farisi; Norcahyono; A Hisam Sidqi; Ummi Bariroh
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 20 No. 2 (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.v20i2.15631

Abstract

The transformation of Islamic family law in the contemporary era demands a repositioning of maqāṣid al-nikāḥ to be more responsive to the protection of gender rights. Indonesia and Iran represent two different models of legal codification in translating the principle of substantive justice into marriage regulations. This study aims to dissect the dynamics of gender rights protection regarding polygamy, divorce, custody, and inheritance in Indonesia and Iran through the lens of Jasser Auda’s System Theory. This study is a qualitative research with a comparative-juridical approach. The analysis is conducted by comparing the normative texts of the Indonesian Compilation of Islamic Law (KHI) and the Iranian Civil Code (Qānūn-e Madanī), as well as functional data on their implementation in the courts. The results of the study indicate that Indonesia applies the “Judicial Formalism” model that prioritizes state intervention as a guarantor of women’s rights. In contrast, Iran applies the “Contractual Protection” model that relies on private autonomy in the marriage contract (‘aqd-nāmeh). Indonesia is more progressive in the flexibility of custody and joint property rights, while Iran is very strong in financial security through the mahrieh mechanism. This study concludes that the repositioning of maqāṣid al-nikāḥ from biological preservation to the protection of human dignity (karāmah al-insāniyyah) is highly dependent on the legal system’s openness to sociological realities and universal human rights standards.  
Self-Defense in the Iran-Israel Conflict: Protecting Third-State Sovereignty, A Comparative Analysis of International Law and Islamic Legal Theory Imamul Arifin; Hilmy Baihaqy Yussof; Erdah Litriani; Siti Nasikhah; Nasrul Fauzi
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 20 No. 2 (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.v20i2.16335

Abstract

This article challenges the conventional discourse on military self-defense by interrogating the unexamined consequences of the Iran-Israel conflict: the collateral erosion of sovereignty in neighboring Muslim states. Through a normative-juridical analysis of International Law and Siyāsah Syar'iyyah, we reveal a critical disjuncture. While International Law theoretically protects third-party states under the principle of non-intervention, its application is rendered moot by the strategic interests of major powers. Conversely, Siyāsah Syar'iyyah, through the classical doctrines of fiqh al-Siyar and tamyīz (distinction), provides a granular ethical framework that International Law lacks. The study's primary contribution is the operationalization of ḥimāyat al-bayḍah as a legal counterweight to the UN Security Council's geopolitical paralysis. We argue that cross-border military maneuvers sacrificing neighboring states contravene al-wafa' bi al-'uqud (respect for treaties) and constitute tangible fasād (corruption), nullifying any moral or legal claim to self-defense. Consequently, Muslim states can no longer passively rely on orthodox legal instruments vulnerable to hegemonic distortion. We call for a fundamental reconceptualization of Middle Eastern security architecture, shifting toward an independent, proactive collective defense pact grounded in Maqāṣid al-Sharī'ah, ensuring that the sovereignty of Muslim nations is no longer held hostage to geopolitical rivalries.
Beyond the Radicalism Narrative: Reconstructing Islamic Political Moderation through Shafi'i Jurisprudence in Indonesia Muhammad Abu Dzar; Laras Shesa; Miftahuddin; Mochamad Syaefudin; Nur Solikin
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 20 No. 2 (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.v20i2.16354

Abstract

The association of Islamic politics with radicalism has become a dominant narrative in contemporary discussions on religion and politics in Indonesia. Existing studies have largely focused on radical movements, religious extremism, and political Islam. At the same time, insufficient attention has been given to the intellectual traditions that have historically shaped moderate Islamic political engagement. This study examines how Shafi'i jurisprudence provides a normative and adaptive framework for political moderation and explores its relevance in challenging radicalism-centered interpretations of Islamic politics. Using qualitative library research, the study analyzes classical Shafi'i political texts, particularly the works of al-Mawardi, al-Juwaynī, and al-Ghazālī, alongside the historical experiences of Hasyim Asy'ari, Mohammad Natsir, and Nahdlatul Ulama in negotiating the relationship between Islam, politics, and the nation-state. The findings reveal that political moderation in the Shafi'i tradition is constructed through five interconnected principles: public welfare (maṣlaḥah), consultation (shūrā), preservation of social order (ḥifẓ al-niẓām), legal realism, and public accountability. These principles enable a flexible and context-sensitive approach to governance, allowing Indonesian Muslim scholars to selectively adapt classical doctrines while rejecting elements incompatible with democratic pluralism. The study argues that the Indonesian experience demonstrates an adaptive model of Shafi'i political thought that reconciles Islamic normative commitments with constitutionalism, democracy, and national unity. This article contributes to the literature by proposing Adaptive Shafi'i Political Theory, a theoretical framework introduced in this study, to explain how classical Shafi'i political principles are selectively adapted to support constitutionalism, democracy, and national unity beyond the dominant radicalism narrative.
Reconstructing Mālikī Legal Thought Integration of Uṣul and Furu'  in al-Fakihani's Riyāḍ al-Afhām Ibrahim Sizgen; Memet Zeki Uyanık
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 20 No. 2 (2026)
Publisher : Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/v20i2.16358

Abstract

Al-Fākihānī, a 14th-century Mālikī scholar from Alexandria, holds a significant place in the history of Islamic jurisprudence for his work, Riyāḍ al-Afhām fī Sharḥ ʿUmdat al-Aḥkām. This work not only represents a commentary on legal hadiths but also showcases the architecture of Mālikī legal reasoning, which interconnects textual authority, the theory of uṣūl al-fiqh, and the formation of applied jurisprudential norms. Diverging from previous studies that tend to position al-Fākihānī merely as a hadith commentator or a passive transmitter of school doctrine, this study offers a distinct perspective by reading him as an epistemic actor who reconstructs the relationship between legal theory and jurisprudential practice through mechanisms of intra-school ijtihād, tarjīḥ, internal critique and the principle of murāʿāt al-khilāf. Utilizing a qualitative library-based method and a textual-legal analytical approach toward Riyāḍ al-Afhām and Mālikī jurisprudential literature, this study finds that al-Fākihānī does not merely reproduce school authority. Instead, he actively selects, tests, and validates legal opinions by combining textual evidence, rational argumentation, and an awareness of the plurality of legal opinions. The primary merit of this research lies in its ability to demonstrate that murāʿāt al-khilāf, which is frequently positioned as a secondary principle, functions precisely as a crucial methodological instrument in maintaining the flexibility, coherence and adaptive capacity of Mālikī law. These findings offer a conceptual contribution to global Islamic legal studies by challenging the assumption that classical jurisprudence is static and imitative; conversely, the Mālikī tradition demonstrates internal mechanisms for critique, negotiation and legal renewal. Consequently, this study shapes the development of contemporary discourses on the codification of Islamic law, school pluralism, and the reconstruction of Islamic legal epistemology rooted in the classical tradition, which remain relevant to the problems of modern legal normativity.
From Compliance to Maqāṣid-Based Ethical Reasoning: Reconstructing Halal Governance through the Contextual Halal Legal Navigation Model Abdul Basith; Lutfi; Kerwanto; Musyafa Syamil Arroyan; Khodjaeva Dilafruz Izatilloevna
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 20 No. 2 (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.v20i2.16395

Abstract

This study examines the reconstruction of Islamic legal reasoning toward halal regulation in a secular Muslim-minority state, analyzing Australia's regulatory framework (the Export Control Act 2020, Australian Standard AS 4696:2023) alongside fatwas and institutional guidelines issued by SICHMA, ICCV, ANIC, and AFIC between 2013 and 2024, through a doctrinal-analytical approach. Analysis of these regulatory documents and fatwas shows that the Islamic legal bodies examined have consistently responded to secular regulatory pressure reactively, without developing a coherent maqāṣid al-sharī’ah-based framework of reasoning, as evidenced by ANIC and AFIC's divergent positions on controlled atmospheric stunning in 2023. This pattern produces three institutional consequences, identifiable from the same data: communal confusion in the face of inconsistent certification, fragmentation of religious identity, and the erosion of the legitimacy of Islamic legal authority. Building on this analysis, the study proposes the Contextual Halal Legal Navigation Model (CHLNM), a maqāṣid al-sharī’ah-grounded framework integrating textual foundation, contextual awareness, maqāṣid orientation, and educational internalization, as a legal-theoretical contribution that repositions Islamic law not as a mechanism of administrative compliance but as an adaptive process of ethical formation responsive to secular regulatory contexts.  

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