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.
Articles
378 Documents
<![CDATA[Rekonstruksi Ijab dan Kabul dalam Transaksi Ekonomi Berbasis Online ]]>
<![CDATA[Ridwan Ridwan]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol 11 No 2 (2017) ]]>
Publisher : <![CDATA[Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (285.103 KB)
|
DOI: 10.24090/mnh.v11i2.1294
<![CDATA[In Islamic law, the position of incentives in the economic transaction becomes a determinant factor for the validity of a contract. The technical and consent in the formulation of classical jurisprudence is done physically, marked by a meeting between the parties involved in a contract site. The communication technology revolution has spawned an online-based transaction model that is e-commerce, or e-marketing, through internet technology tools where the parties involved do not meet physically and the contract object cannot be handed over directly. This reality illustrates the existence of gap in the Islamic law theory with an empirical practice that requires a legal answer. This article proves that online-based economic transactions are legitimate contracts in the view of Islamic law based on legal analogy argument, i.e.to equate an online contract with an orderpurchase contract. The construction of consent in an online-based contract must be based on certain norms, namely clarity of specification of goods, means of payment and technicality, technical delivery of goods, terms of the contract cancellation and terms of dispute. These detailed and rigorous rules are an illustration of the importance of caution in conducting online transactions to avoid losses by adhering to the sadd al-zari>’ah method in order to close the possibility of emerging harmful.]]>
<![CDATA[Amil Zakat Menurut Hukum Islam dan Peraturan Perundang-Undangan ]]>
<![CDATA[Aden Rosadi]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol 11 No 2 (2017) ]]>
Publisher : <![CDATA[Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (218.247 KB)
|
DOI: 10.24090/mnh.v11i2.1295
<![CDATA[Amil zakah (zakah manager/distributor) is one of supporting pillars to the success of zakah management. From juridical view, it is related to Islamic law, but politically it is close to the state policy especially the zakah management policy. The involvement of the state in zakah management depends on the fundamental issue that makes zakah as part of qad}a>’i> and diya>ni> law. Islamic law that has diya>ni> attribute is very dependent on the religious awareness of Islamic society itself. While the qad}a>’i> law involves certain institutions that have legal power to impose and ensure the enforcement of Islamic law in the society. Therefore, zakah managers require strong authority, because they will deal with the community with various level of faith. It is concluded that the success of zakah management should be supported by three aspects, namely substance, structural, and legal awareness.]]>
<![CDATA[Kewenangan Pemerintah Menerapkan Sanksi terhadap Pelaku Distorsi Pasar Berdasar Maqasid al-Syari'ah ]]>
<![CDATA[Jabbar Jabbar]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol 11 No 2 (2017) ]]>
Publisher : <![CDATA[Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (455.731 KB)
|
DOI: 10.24090/mnh.v11i2.1296
<![CDATA[The act of speculators distorting the market is quite unsettling. However, the Sharia texts show that this problem can be resolved using moral or akhlÄqÄ«. Then the question is whether the present government can overcome it by using qadÄ'Ä«e imposing sanctions for distortion. Since the nature of Sharia is the universal and eternal, this issue must be answered comprehensively and holistically. For that reason, the maqÄsid approach is operated with istislÄhiyyah method. This method is also referred to as al-ijtihÄd al-maqÄs}idÄ« which is done in two stages, namely takhrÄ«j al-manÄt and tahqÄ«q al-manÄt. It is believed that this method is quite relevant to answer two research questions. Firstly, how is maqÄs}id al-syar'ah in terms of market distortion? Secondly, does the government in syar'i be authorized to impose sanctions on the perpetrators of market distortion? The theory used to highlight this issue is the theory of al-wÄzi' put forward by Ibn ‘ĀsyÅ«r. This conclu that the Sharia wants the circulation of goods in the market run smoothly. To that end, the government may impose sanctions if the distortion is done to the basic goods that can affect massively harm.]]>
<![CDATA[Menyoal Hukum Nikah Misyar dalam Potensinya Mewujudkan Maqasid al-Asliyyah dan al-Tab'iyyah dalam Perkawinan Umat Islam ]]>
<![CDATA[Busyro Busyro]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol 11 No 2 (2017) ]]>
Publisher : <![CDATA[Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (377.932 KB)
|
DOI: 10.24090/mnh.v11i2.1297
<![CDATA[The main purpose of marriage is having progeny besides for having happy and restful life. It is common saying that every people that get married are having kids besides other purposes in their lives. Unlike the purpose of common marriage, the main purpose of nikah misya>ris not for having kids. Yet, nikah misya>r is the marriage that aims only to have life together legally and to get sexual pleasure. This kind of marriage is done like common marriage in Islamic law that still fulfils the requirements and the principles of marriage. Some of Ulamas see that nikah misya>r is allowed to do. They argue that the purpose of marriage is not only for having descendant, but also for enjoyment and happiness. Ignoring to have kids in marriage aim actually is not a digression of Islamic rules. Otherwise, some of Ulama strongly forbid this kind of marriage because it does not actualize the interest of marriage that is to have posterity. However, in maqa>ṣid al-aṣliyyah (primary purpose of syari’ah) and maqa>ṣid al-tab’iyyah (secondary purpose of syari’ah) view, nikah misya>r should be banned because it clearly infringes the will of The Lawmaker, al-Syâri’ (Allah).]]>
<![CDATA[Polemik di Seputar Hukum Isbat Nikah dalam Sistem Hukum Perkawinan Indonesia ]]>
<![CDATA[Ramdani Wahyu Sururie]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol 11 No 2 (2017) ]]>
Publisher : <![CDATA[Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (226.718 KB)
|
DOI: 10.24090/mnh.v11i2.1299
<![CDATA["Isbat nikah" is the verification of a marriage. Juridically, marriage verification is regulated under the laws such as Law No. 1 of 1974 on Marriage, Law Number 7 of 1989 on Religious Courts, and Law No. 3 of 2006 and Law Number 50 of 2009 on Changes in the Religious Courts Act. The regulations stipulate that marriage verification is allowed for marriage performed before the Law Number 1 of 1974. In practice, marriage verification submitted to the Religious Court is done after the enactment of Law Number 1 of 1974. The acceptance of "marriage verification" by the Religious Court for the marriage taken place after the 1974 Marriage Law was based on the Compilation of Islamic Law (KHI), whereas KHI's legal status is not included in the Indonesian legal order. The essence of marriage verification is a legal determination. This means that a verified marriage remains valid because the marriage that is verified is merely on administrative reason. The position of marriage verification is a part of giving legal protection and legal certainty. The position of the KHI, which regulates in more detail the marriage verification, functions regulatively in the midst of a vacuum of religious judicial law. In addition, the judge may decide whether to grant or deny the application of marriage verification. Thus, it can be concluded that the nature of marriage verification is a part of legal discretion.]]>
<![CDATA[Kedudukan Korban Penyalahgunaan Narkotika dalam Hukum Pidana Indonesia dan Hukum Pidana Islam ]]>
<![CDATA[Vivi Ariyanti]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol 11 No 2 (2017) ]]>
Publisher : <![CDATA[Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (262.691 KB)
|
DOI: 10.24090/mnh.v11i2.1300
<![CDATA[The term of drug abuse victims in the Act No. 35 of 2009 on Narcotics refers to a person who inadvertently uses narcotics, for being persuaded, tricked, deceived, coerced, and/or threatened to use narcotics. However, both addicts and the individual self-use drug abusers are in factvictims of syndicates of illicit narcotics trafficking. In addition, the spirit contained in the Narcotics Act also implies that narcotics addicts and abusers are victims of criminal acts of others in the form of illegal drug trafficking.Therefore, the Narcotics Act stipulates the obligation to undergo medical rehabilitation and social rehabilitation for addicts and self-use of drug abusers.On the contrary, Islamic law does not distinguish the term addicts, narcotics abusers, or victims of narcotics abuse. Islamic law tends to equate all these categories as perpetrators of narcotics abusers except those who are truely forced by others. In Islamic law, the punishment for them according to some scholars is the sanction of h}udu>d which is equated with the khamr (alcohol) drinkers, that is whipped as much as eighty times. While the opinion of other ulema, the penalty is ta’zir, of which form submitted to the ruler/government/judge. Thus, this type of ta’zir sanction in Islamic law is more in line with the prevailing laws and regulations in Indonesia.]]>
<![CDATA[Dekonstruksi Hijab (Kajian Sosio-Historis terhadap Konstruksi Hukum Hijab dalam Islam) ]]>
<![CDATA[Wardah Nuroniyah]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol 11 No 2 (2017) ]]>
Publisher : <![CDATA[Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (413.088 KB)
|
DOI: 10.24090/mnh.v11i2.1301
<![CDATA[Hijab has always been a controversial issue. Some Muslims consider it a mandatory command of God, while others consider it a cultural practice that can change so that the law is not the wearing of hijab itself. This paper examines the meaning of hijab in the Qur'an by using a mechanism commonly referred to as double investigations / double movement, i.e. by examining the context of the first time the hijab was revealed, to whom and how was the social construct of the hijab when the verses of hijab was firstly enforced. The next investigation is the semantic meaning contained in the hijab rhetoric and its sociological implications. In terms of the methodology for this study of hijab, the authors perform a falsification test to find out whether the hijab concept that has existed is still relevant to present reality or not, and to seek the truth that is adapted to the present reality. This paper concludes that the Qur'anic teaching on hijab can adapt to the context of a modern woman as smoothly as it adapted to the early Muslim community 14 centuries ago. This adaptation can be proven if the Qur'anic texts are interpreted by taking into account the social context of Muslim societies with their social changes.]]>
<![CDATA[Rekonstruksi Metodologi Fikih Kontemporer ]]>
<![CDATA[Ansori Ansori]]>
<![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 ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (650.999 KB)
|
DOI: 10.24090/mnh.v12i2.1302
<![CDATA[One of the causes of underdevelopment of Muslims is when fiqh is positioned equivalent to naṣṣ (Holy Scripture). When fiqh is equated with naṣṣ, fiqh becomes sacred, there is no courage for people to criticize it, let alone make changes to existing fiqh provisions. As a product of reason (ijtihÄd), fiqh is not intended as a final legal provision. The ijtihÄd carried out by the generation after the death of the Prophet Muhammad must be made an important lesson for the need for the development of Islamic law (fiqh) to keep abreast of the times. Another important thing is that applying fiqh law must not only follow fiqh products, but also must understand the process. This means that knowing the methods used by jurists (fuqahÄ’) to process fiqh births should not be ruled out. Understanding the methods used by jurists (fuqahÄ’) will open the development of fiqh in the global era, so that fiqh products as a guideline for Muslims will remain relevant and responsive and able to solve contemporary problems.]]>
<![CDATA[Mining-Trading Cryptocurrency dalam Hukum Islam ]]>
<![CDATA[Muhammad Fuad Zain]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol 12 No 1 (2018) ]]>
Publisher : <![CDATA[Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (649.936 KB)
|
DOI: 10.24090/mnh.v12i1.1303
<![CDATA[This paper discusses the mining-trading of cryptocurrency in Islamic law as a digital asset that has recently been traded in cyberspace. The value of cryptocurrency is soaring and fluctuation and it is influenced by the demand of buying and selling. Indodax.com is the official digital asset site in Indonesia that trades more than 13 digital currencies. As we know, digital currencies are not electronic money, even though the characteristic is similar. Starting from this, I analyze whether cryptocurrency is worthy of being value as money that has a certain value. Until now, the Indonesian government through Bank Indonesia has published regulation Number 16/8/PBI/ 2014, which explicitly prohibits using bitcoin and altcoin on financial transactions. Otherwise, MUI (Indonesian Ulema Council) has not issued a fatwa yet related to cryptocurrency. From here, I focuse on this study to the law of cryptocurrency in Islamic law. Bitcoin has advantages and disadvantages. Among its advantages are the user can use exchange or transaction without third service (bank), and it can be traded in merchandise shops. But, the disadvantages of bitcoin are mach more, such as fluctuating value every times, it is not listed as a commodity, it is not watched by Financial Services Authority (OJK), it presents the element of gharar (uncertainty) and maysir (gambling or bet), which makes it possible to be used for money laundering and drugs. On the other hand, until now, the Indonesian people have not considered that bitcoin as a treasure like gold or silver]]>
<![CDATA[Kontroversi Hukum Asuransi: Studi tentang Argumentasi Mustafa Ahmad al-Zarqa dalam Pembolehan Asuransi ]]>
<![CDATA[Hasanudin Hasanudin]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol 12 No 1 (2018) ]]>
Publisher : <![CDATA[Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (1144.318 KB)
|
DOI: 10.24090/mnh.v12i1.1322
<![CDATA[Insurance came to the Islamic world around the 19th century AD. As long as the insurance law in Islam is concerned, the contemporary Islamic scholars are divided into three groups. First, scholars who allow it absolutely; secondly, the ulama who forbid it absolutely; and thirdly, scholars who legalize social insurance and forbid commercial insurance. One of the contemporary scholars who justifies insurance is Muá¹£á¹afÄ Aḥmad al-ZarqÄ', a prominent Islamic scholar of Ḥanafi from Syria. The findings of this study are that in the perspective of Islamic legal theory the arguments of al-ZarqÄʼ can be justified. The theory of Islamic law used by al-ZarqÄ' in examining insurance is the theory of ijtihad bi ar-ra'y by istiṣḥÄbÄ« and ta'lÄ«l methods. Al-Zarqa' views that insurance is a new contract that does not exist in Islamic jurisprudence. Every Muslim is allowed to create new contracts that have not existed before as long as there is no prohibition against them. Al-ZarqÄʼ analogize the insurance with the existing contracts in Islamic jurisprudence, among which is the contract of muwaÌ„laÌ„h from Hanafite school of law, dÌ£amaÌ„n khatÌ£r al-á¹ariÌ„q from Hanafites, al-iltizaÌ„m wa al-wa’d al-mulzim in Malikites, and al-‘aÌ„qilah in Syafi’ites.]]>
