Al-Manahij : Jurnal Kajian Hukum Islam
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.
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378 Documents
<![CDATA[Makelar Kasus dalam Kajian Filosofis Normatif Hukum Islam ]]>
<![CDATA[Abdulahanaa Abdulahanaa]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol. 10 No. 2 (2016) ]]>
Publisher : <![CDATA[Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto ]]>
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DOI: 10.24090/mnh.v10i2.934
<![CDATA[Case broker essentially reflects intervention of an administrative process of law enforcement. Thus, based the facts, case broker is already identified as an employment with proscribed income. The problem is on the one hand case broker is already connoted as a illegitimate job, on the other hand the existence of case brokers become "necessities" that cannot be circumvented. Therefore, it is necessary to study the normative philosophical foundation of case broker in Islamic law. The legal basis of case broker can be referred to Usul al-Fiqh by using the method ofmaşlahah almursalah, then it is adopted operationally by using ijarah method of 'aqd (agreement). In particular, there is no specific rule(proposition) found in the Qur'an and Prophetic traditions regarding case brokers.But, in general, the argumentsderived from the principles of Islamic economic law (muamalah), especially with regard to ijarah, deductively can be used as legal basis of case broker. The essence of case broker in normative philosophical perspective is a job that can be justified with regard to the concept and rules of seeking livelihood through ijarah contract (worker hiring). Therefore, a case broker is permissible (halal) receiving fees for services (ujrah) from his client agreed by both parties as long as all adhere to the rules that apply in ijarah law.]]>
<![CDATA[Nilai-Nilai Kemanusiaan dalam Legislasi Hukum Islam di Indonesia ]]>
<![CDATA[Moh. Dahlan]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol. 10 No. 2 (2016) ]]>
Publisher : <![CDATA[Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto ]]>
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DOI: 10.24090/mnh.v10i2.935
<![CDATA[The enforcement of Islamic law has been criticized for being potentially violating human rights as the thinking of BassamTibi. However, this is different with the view of Muhammad Arkoun and Hasan Ash-Syarqawi who received the application of human values in the teaching of Fiqh/Islamic law to be transformed into national law development. Based on these problems, this study can be formulated as follows, how the enforcement of human values can be realized in the development of law in Indonesia. The type of approach of this study is the legal political studies that examined the values of humanity jurisprudence in the development of law in Indonesia. The result of the study shown that the history of the growth and development of Fiqh/ Islamic law is closely related to the actual dynamics of human life, even the existence of the law determined by the interest of human life as well as the views of legal experts, Najmuddin Atu-Tuhfi and Philip K. Hitti. The teachings of. Islamic law have orientation to answer the actual problems of humanity as had been practiced by the Prophet Muhammad and his successors. These human values then get great moment when human rights become a common policy in Universal Declaration of Human Rights (UDHR). In building the system of law in Indonesia, the element of human rights should not be denied and is also an element of legal vacuum at the same time should be considered also, so that the existence of laws that is born from religious or people cultural norms can be accommodated as the applicable legal regulations in Indonesia.]]>
<![CDATA[Pandangan Majlis Tafsir Al-Qur'an (MTA) tentang Makanan Halal dan Haram (Kajian Usul Fikih) ]]>
<![CDATA[Muh. Nashirudin]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol. 10 No. 2 (2016) ]]>
Publisher : <![CDATA[Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto ]]>
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DOI: 10.24090/mnh.v10i2.936
<![CDATA[This study discusses the Majlis Tafsir al-Qur'an (MTA) views on halal and haram food in Islam. The research data obtained through MTA's Sunday Morning Brochure, MTA's Qur'anic exegesis and interviews with Ahmad Sukina (the head master of the MTA). By using the functional theory of the prophet's tradition PAT Islamic legal theory and istişhab, the study found that MTA as mentioned in Tafsir MTA volume IV recognizes that the forbidden food in Islam consists of four things i.e. the carrion, the blood, the pork, and the slaughtered animals not in the name of Allah. However, recently, the MTA does not determine their opinion sticky whether only 4 things that are forbidden by Qur'an, or they are coupled with other things that are forbidden by the Prophet's tradition. The MTA looks to choose to be "safe" and "in gray position" in this case, because they see that the two opinions are the same in validity. Both cannot be determined which will be used and also to avoid the controversy in the community. In addition, although the MTA jargon is back to the Qur'an and Prophet's tradition, but the determination of law through the Consensus is also used although there is a difference in the concept (MTA says using the consensus of the Prophet companions) but actually they use Islamic Scholar's consensus. Analogy is very li limited in use, when the illat is only mentioned in the religious texts. Beyond the four basic postulates agreed is not used, except with regard to the postulate of al-ibahah al-aşliyyah which is included in the discussion of istişhab.]]>
<![CDATA[Pidana Perpajakan dalam Perspektif Hukum Islam ]]>
<![CDATA[Farkhani Farkhani]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol. 10 No. 2 (2016) ]]>
Publisher : <![CDATA[Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto ]]>
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DOI: 10.24090/mnh.v10i2.937
<![CDATA[In some countries, tax is one of the primary incomes for the states revenues. Countries with high tax often have problems from citizens such as tax avoidance, evasion, manipulation and other efforts to reduce their obligation of tax. In Islam, this tax evasion is called as taxjarimah. A person doing tax jarimah can be sentenced with appropriate sanction, based onijtihad and legal reasoning using stipulations derived from al-Qur'an and hadis, which is namedistinbat. In general, tax jarimah can be categorized as jarimah ta'zir. It is a crime where the sanction is determined by goverment or legislative or judicative authorities. This is an exception for corruption case dealing with tax. This jarimah can be considered as jarimahsariqah, in which maximum sanction is hand amputation. However, corruption is an extraordinary crime, which has an extraordinary bad effects. Thus, it is possible that the sanction based on hadud) becomes one of the alternative sanction. The maximum sanction could be more than hand amputation but capital punishment or death sentence.]]>
<![CDATA[Politik Hukum Islam di Indonesia dan Malaysia: Suatu Kajian Perbandingan ]]>
<![CDATA[Fatkhul Muin]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol. 10 No. 2 (2016) ]]>
Publisher : <![CDATA[Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto ]]>
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DOI: 10.24090/mnh.v10i2.938
<![CDATA[This study analyzes the viewpoint of Islamic law as a part of national law, where the part of society that cannot be separated from the Muslim majority state. Indonesia and Malaysia are two countries with Muslim majority population and are considered to have a same clump of lineage, but on the other aspects that influence the laws in the two countries they have differences, in which Indonesia is affected by the legal system of the Civil Law, while Malaysia is influenced by the legal system of Common Law. Such differences would affect the legal systems of both countries, not only in that aspect, but also will affect the Islamic laws in the countries which are predominantly. Muslim. In Indonesia, the existence of Islamic law can enter through Pancasila and Article 29 paragraph 1 and 2 of the Indonesian Constitution, while in Malaysia the existence of Islamic law can enter through the state recognition of the official religion of Malaysia that is Islam, according to article 3 paragraph 1 of the Constitution of Malaysia.]]>
<![CDATA[Sejarah Pergulatan Politik Hukum Islam di Indonesia ]]>
<![CDATA[Sirajuddin M.]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol. 10 No. 2 (2016) ]]>
Publisher : <![CDATA[Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto ]]>
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DOI: 10.24090/mnh.v10i2.939
<![CDATA[This study focuses to the development and the existence of Islamic law and political law relationship in Indonesia. The purpose of this study is to examine Islamic law in the legal system and institutions in Indonesia. The method of this study is the legal political studies with E. Betti historical-hermeneutical approach. The result of this study indicates that by borrowing the study of E. Betti hermeneutic, it can be revealed that the contribution of norms of Islamic law in a legal system, namely what is true in the past can still exist and allow it to become a basic foundation in the development of subsequent law. Therefore, the development of national law cannot deny the historical role of Islamic legal norms that has given its own color to the community. In the context of Indonesia, the relationship between Islamic law and law policies is closely related as one, because the norms of Islamic law have become a source of national laws. The history shows that since the era of the Islamic kingdoms in the Indonesian Archipelago, the era of independence, and up to the era of reform, the norms of Islamic law remain becoming a source of Indonesian material laws, and they affect and color the character of national law development. Institutionalization of Islamic norms in the construction of national law is constitutional, because it acts in accordance with the soul and the spirit of Pancasila and the Indonesian Constitution.]]>
<![CDATA[Pola dan Urgensi Positivisasi Fatwa-Fatwa Dewan Syariah Nasional Majelis Ulama Indonesia tentang Perbankan Syariah di Indonesia ]]>
<![CDATA[Akhmad Faozan]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol. 10 No. 2 (2016) ]]>
Publisher : <![CDATA[Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto ]]>
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DOI: 10.24090/mnh.v10i2.941
<![CDATA[This article examines the way and urgency of making fatwas of National Sharia Board of the Indonesian Ulama Council (DSN-MUI) on Islamic banking into a positive law in Indonesia. The background of this article is the fact that the only basis on the implementation of compliance with sharia principles in the operations of Islamic banking in Indonesia is a fatwa of DSN-MUI about Islamic banking. However, the fatwa position in the Indonesian legal system does not have a binding force for citizens included in the business activities of Islamic banking. This is because Indonesia is not an Islamic state, which makes the fatwa as a legal basis. Thus, making the fatwas of DSN-MUI about Islamic banking into a positive law is very urgent for the development of Islamic banking operations in Indonesia in order to have a strong legal foundation. The making of fatwa of DSN-MUI into a positive law is conducted by Central Bank of Indonesia (Bank Indonesia). Members of Islamic Banking Committee at Bank Indonesia along with the DSN-' MUI compose a draft of a regulation based on the fatwa and then it is submitted to the Governor of Bank Indonesia to be enacted as some of Bank Indonesia's regulations, for example Bank Indonesia's Regulation, Bank Indonesia's Circular Letter, or the Compilation of Sharia Banking Products and Services.]]>
<![CDATA[Monopoli dalam Perspektif Jarimah Ta'zir (Studi Putusan di Komisi Pengawas Persaingan Usaha) ]]>
<![CDATA[Moh. Makmun]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol 12 No 2 (2018) ]]>
Publisher : <![CDATA[Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto ]]>
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DOI: 10.24090/mnh.v12i2.1244
<![CDATA[This study is motivated by many cases of monopoly that cause consumer losses, and the absence of clear rules related to monopoly in the perspective of Islamic criminal law. The type of this research is field research using a comparative approach and the maqÄá¹£id al-syarī‘ah approach (the purpose of Islamic law). The results of the study concluded that first, monopoly is contrary to Law No. 5 of 1999. Second, monopoly is contrary to the purpose of Islamic Shari'ah in the form of safeguarding property. Third, the monopoly in Islamic criminal law is a form of criminal offense because it violates the provisions of Islamic law, due to elements of fraud, engineering requests (offers), hoarding, cooperating in criminal acts, and inhibiting other business actors. In addition to the sanctions of monopoly actors according to Law No. 5 of 1999 in the perspective of Islamic criminal law are as follows: (1) administrative sanctions are in accordance with muamalah fiqh rules and basic legal rules; (2) the main criminal sanctions are in accordance with Islamic sharia provisions, but the sanctions need to be added by paying CSR as a return on profits; (3) additional criminal sanctions are also in accordance with the provisions of Islamic law; and (4) prisons are additional sanctions, not sanctions of choice.]]>
<![CDATA[Konstruksi Tematik Ayat-Ayat Hukum (Konsep dan Dasar Seleksi Ayat Hukum Menurut Al-Tahawi) ]]>
<![CDATA[Ahmad Sholihin Siregar]]>;
<![CDATA[Amiur Nuruddin]]>;
<![CDATA[Ahmad Qorib]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol. 11 No. 1 (2017) ]]>
Publisher : <![CDATA[Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto ]]>
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DOI: 10.24090/mnh.v11i1.1262
<![CDATA[This research begins from unavailability of basis in selecting legal verses. Therefore, this research aims to construct foundation of selecting legal verses starting from the selection done by al-Tahawi. This research is a normative law research (doctrinaire, dogmatic). The research object is legal verses of alTahawi’s selection found in Ahkam al-Qur’an. The object is approached by using mimetic and objective approach. There are two foundations used by al-Tahawi in selecting legal verses; textually and contextually. The textual foundation consists of the availability or unavailability of mukallaf action in a verse. The contextual foundation consists of asbab al-nuzul and explaining hadis. From the selection basis, the characteristic of legal verses is also constructed textually and contextually. The textual characteristic consists of key words showing law content such as: la junaha, laisa haraj, urrima, uhilla, kutiba, faridah, al-salat, al-saum, al-zakah, al-hajj, ar-rafas. Contextual characteristic consists of: asbab al-nuzul of a legal verse should be related to a legal matter; and there are explaining hadis showing the existence of law content in certain verses]]>
<![CDATA[Good Governance dalam Perspektif Hukum Islam Kontemporer (Tinjauan Usul Fikih dari Teori Pertingkatan Norma) ]]>
<![CDATA[Ahmad Zayyadi]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol 11 No 1 (2017) ]]>
Publisher : <![CDATA[Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto ]]>
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DOI: 10.24090/mnh.v11i1.1265
<![CDATA[The concept of good governance on Us}u>l al-Fiqh perspective is directed towards how to utilize the methods offered in the science of Us}u>l al-Fiqh to formulate Islamic legal principles to respond to the latest problems of all issues, and here I will specifically address the issue of good governance in the perspective of contemporary Islamic law. In this case, seeing the many problems, especially the corruption of governance, requires us to examine the current reality of these governance conditions for better, professional, responsible, trustworthy, and so on. One of them is by developing the concept of good governance with the hope of contributing to the development of better bureaucratic governance in accordance with the principles and values ​​in Islamic law such as equality, tolerance (tasa>muh), justice, welfare, consultation (syu>ra>), honesty, objectivity (comprehensiveness) and so on become an indication of good and clean governance. The approach used is the Us}u>l al-Fiqh approach as the epistemological and philosophical basis in Islamic law by describing the theory of new Us}u>l al-Fiqh as applied theory in exploring the values ​​of public services (good bureaucracy–good governance or other terms that can be called clean governance) in the eyes of contemporary Islamic law.]]>
