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[Dinamika Modernisasi Hukum Islam: Tinjauan Historis dalam Pembacaan Mazhab Sociological Jurisprudence ]]>
<![CDATA[Ahmad Zayyadi]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol 14 No 1 (2020) ]]>
Publisher : <![CDATA[Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto ]]>
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DOI: 10.24090/mnh.v14i1.1800
<![CDATA[This article explores the dynamics of the modernization of Islamic law using the sociological approach. The legal theory used is the history of modern law as a comparative Islamic law in the Muslim world related to its influence in Indonesia. The author associates the sociological jurisprudence with the dynamics of modernization of Islamic law in the Muslim world including Indonesia. The sociological jurisprudence is applied in the study of marriage law issues that still need efforts to modernize the law, because these problems continue to develop and the legal position must always be dynamic in responding to sociological problems that always live in society. Various theoretical influences in the sociology of law and also the sociological jurisprudence have a wider impact on the sociology of Islamic law. This effort to modernize Islamic law is part of the development of modernization theory in the sociology of law, which synergizes integratively between law and society and society and law proportionally. This article seeks to apply the sociology of law in general and the sociological jurisprudence in particular about family law with the case of sociological problems of Islamic law in Muslim societies such as Turkey, Egypt, and Indonesia.]]>
<![CDATA[Menikah untuk Diceraikan: Menyorot Hak-Hak Perempuan pada Isbat Nikah untuk Cerai di Pengadilan Agama Medan Tahun 2015-2017 ]]>
<![CDATA[Imam Yazid]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol 13 No 1 (2019) ]]>
Publisher : <![CDATA[Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto ]]>
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DOI: 10.24090/mnh.v0i1.1900
<![CDATA[The validity of marriage in Indonesia is regulated through Islamic law and regulations in Indonesia. In fact, many marriages occur that do not meet the regulations in Indonesia, resulting in legal uncertainty of the people involved in the marriage. This research is empirical legal research. The purpose of this study is to find out how the policies of the Religious Courts in Medan settles cases of iṡbat nikah (seeking a formal, legalized marriage certificate) that aims to divorce in 2015-2017, how are legal considerations in giving a decision to isbat nikah that aims to divorce, and how is legal certainty after divorce through isbat nikah. This research found that: firstly, isbat nikah is a solution to the problem of a married couple who are not recorded by an official appointed by the state and then the marriage certificate is to establish a divorce permit; secondly, religious court judges in Medan have a legal basis in giving a decision of isbat nikah cases to divorce, so the decision can be normatively accounted for; thirdly, the court’s decision gives rise to the benefits desired by the Shari'a, namely legal certainty after the isbat nikah, namely, among others, the provision of appropriate mut’ah (severance pay) to ex-wives, provision of living expenses for children who are not yet 21 years old, and formal registration of children from marriages that are not recorded by officers appointed by the state when the previous marriage occurred.]]>
<![CDATA[Al-Qardawi's Thought on Zakat of Stocks in a Modern Industry: an Experience of Indonesia ]]>
<![CDATA[Ahmad Dakhoir]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol 13 No 2 (2019) ]]>
Publisher : <![CDATA[Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto ]]>
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DOI: 10.24090/mnh.v13i2.2023
<![CDATA[This paper studies on al-Qaradawi's stock zakat in the millennial era and modern industry. The main purpose of the study is to elaborate several points of significance of stock zakat within huge benefits of the capital market in Indonesia; therefore, this paper is a content analysis type of study using a literature study approach. In the meantime, the primary resource for the literature is a kitab (book) entitled fiqh al-zakat by Yusuf al-Qaradawi published in 1973. The crucial point emphasized by the paper is that al-Qaradawi's thoughts and opinions on stock zakat have been proven that he was such a progressive ulama (Islamic scholar), even he is in the current industrial revolution era. He has shown that such critical and innovative thoughts, either in zakat or other aspects. Al-Qaradawi points out that stock is categorized into traded goods so that it is an object of zakat; 2.5% of total stock should be taken out to those deserving. Indonesia as a country with the biggest Muslim majority in the world has been implementing stock zakat when one of the companies namely PT Henan Putihrai Sekuritas issued this kind of zakat. This made Indonesia the first country to proceed with stock zakat as the application of al-Qaradawi's thoughts and opinions after 45 years.]]>
<![CDATA[Tradisi Penyelesaian Sengketa Kewarisan Masyarakat Kalimantan Tengah (Studi pada Kabupaten Katingan dan Kota Palangka Raya) ]]>
<![CDATA[Ibnu Elmi Achmat Slamat Pelu]]>;
<![CDATA[Ahmad Syaikhu]]>;
<![CDATA[Jefry Tarantang]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol 13 No 2 (2019) ]]>
Publisher : <![CDATA[Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto ]]>
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DOI: 10.24090/mnh.v13i2.2027
<![CDATA[The people of Central Kalimantan, especially in the District of Katingan and the City of Palangka Raya in resolving inheritance disputes prioritize deliberations by peaceful means and do not conflict with Islamic law. Because, Islamic law also accommodates customary laws, as long as it does not conflict with Islamic tenets. The tradition of resolving the inheritance disputes of the people of Central Kalimantan in the Katingan Regency and Palangka Raya City is in accordance with the custom in resolving inheritance disputes prioritizing peace by using Islamic law first and then holding a meeting to agree on the determination of shares and distribution of assets. The legal enforcement of the settlement of inheritance disputes in the community is recognized absolutely and they also apply farÄ’id (Islamic inheritance) law first, then deliberations are carried out in a family consensus with the principle of peace.]]>
<![CDATA[Pelatihan Manasik sebagai Syarat Haji Perspektif Ulama Aceh ]]>
<![CDATA[Nasrullah Nasrullah]]>;
<![CDATA[Abdullah Abdullah]]>;
<![CDATA[Chalidin Chalidin]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol 13 No 1 (2019) ]]>
Publisher : <![CDATA[Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto ]]>
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DOI: 10.24090/mnh.v13i1.2115
<![CDATA[The word manasik in several Qur’anic verses and hadith shows the importance of the perfection of the Hajj. Classical Muslim scholars do not discuss specifically about manasik, but nowadays the manasik (hajj rituals) training for prospective pilgrims has been coordinated by government. This requires new ijtihad for the legality of Hajj ritual training, especially among Acehnese scholars. This research examines how the position of manasik is within the scope of the Hajj rules; how the Aceh Ulamas view and consider the manasik training as a requirement of Hajj. This study uses a qualitative method. The results of the study indicate that the position of manasik training within the scope of the Hajj rule is as an observance and knowledge of the procedures for performing the Hajj. Learning Hajj rituals includes an observance and it is obligatory for people who do not understand it such as conditions, requirements and things that are not permitted during Hajj. Acehnese Ulama are of the view that the Hajj manasik training cannot be used as a requirement of Hajj, but there are also those who argue that in the present conditions the manasik training can be used as a requirement of the Hajj and it can even become mandatory. The existence of differences of opinion in carrying out ijtihad is caused by legal basis considerations and the logic used.]]>
<![CDATA[Nilai Keadilan dalam Sistem Kewarisan Islam ]]>
<![CDATA[Fadlih Rifenta]]>;
<![CDATA[Tonny Ilham Prayogo]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol 13 No 1 (2019) ]]>
Publisher : <![CDATA[Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto ]]>
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DOI: 10.24090/mnh.v0i1.2117
<![CDATA[In the context of inheritance, reform efforts by contemporary Muslim thinkers have so far not been able to significantly change the shadow of classical inheritance law in Islam. This condition is caused by the effect of the mindset of the society in their epistemology, which assumes that the distribution of inheritance must be equal. Of course, we cannot blame the public for their knowledge of Islamic inheritance law. The question that arises is why they are in a hurry to accept the equal distribution of inheritance without conducting a study based on Islamic law on inheritance. Thus, the biggest challenge for Islamic scholars and inheritance law experts today is how to find a comprehensive formulation of various theories of knowledge that can be accepted by everyone, so that Islamic inheritance law is not only a discourse, but is able to totally reflect a concrete concept. This paper seeks to reorient and rethink the inheritance law in the development of Islamic legal epistemology which is examined in conjunction with the Shari’a provisions, which contain the values of justice in terms of theology, economics, and social.]]>
<![CDATA[Menggagas Fikih Media Sosial ]]>
<![CDATA[Khariri Khariri]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol 13 No 1 (2019) ]]>
Publisher : <![CDATA[Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto ]]>
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DOI: 10.24090/mnh.v0i1.2123
<![CDATA[The development in the field of information technology in the era of industrial revolution 4.0 was so rapid. However, there are many negative findings from the use of social media, such as hoaxes, utterances of hatred, slander, etc. This requires a more contextual study of Islamic law (fiqh) and is able to answer what is the demand of the times, especially the phenomenon of social media. In carrying out the formulation of Islamic law, there are two methods of reasoning used, namely normative-deductive and empirical-inductive, so that the resulting laws can be in accordance with the demands of the community. Therefore, the idea of social media fiqh is to make an effort to find the maqÄá¹£id al-syarī’ah (legal purpose) in the use of social media. By using the theory of sadd al-żarī’ah analysis, this study sought formulation of Islamic law in order to be a solution in the times. This theory is used to explore various problems that have occurred in the development of communication on social media. In addition, this study attempts to trace the exclusion (istinbÄá¹) of the law in formulating the fiqh of social media with the Uṣūl al-Fiqh approach and the social history of Islamic law. The work of this research is inseparable from the two legal provisions that have been formulated before, namely the MUI fatwa on Social Media and the Law of Information and Electronic Transaction.]]>
<![CDATA[Transformasi Hukum Pidana Islam dalam Tata Hukum Indonesia ]]>
<![CDATA[Makhrus Munajat]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol 13 No 1 (2019) ]]>
Publisher : <![CDATA[Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto ]]>
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DOI: 10.24090/mnh.v0i1.2124
<![CDATA[The formalization of Islamic criminal law in Indonesia is still and always debated in terms of its legal rules or the establishment of Islamic values, meaning that the substance is more important than the formal rules. Transformation of Islamic criminal law is a change that occurs in the determination of law, both concerning the type of crime (jarÄ«mah) or its sanctions due to time and social dynamics. The criminal act (jarÄ«mah) and its sanctions are interconnection between the principal law (al-aḥkÄm al-aá¹£liyyah) which contains the prohibition and supporting law (al-aḥkÄm al-muayyidah) which contains sanctions. The model of the transformation of Islamic criminal law in Indonesia is to make Islamic criminal law a law that can be accepted by Indonesian people, by not distinguishing ethnicity, adat (tradition), culture and religion. The objectivity of Islamic criminal law in Indonesia is used as the basis for the formation of national laws whose pluralistic communities are offered universal values so that they can be accepted by all citizens without questioning the origin of the values.]]>
<![CDATA[Fikih Ekowisata Berbasis Maqasid al-Syari'ah (Studi Pengelolaan Wisata Alam Hutan Mangrove di Wonorejo Kota Surabaya) ]]>
<![CDATA[Moh Mufid]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol 13 No 1 (2019) ]]>
Publisher : <![CDATA[Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto ]]>
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DOI: 10.24090/mnh.v0i1.2213
<![CDATA[This article aims to construct ecotourism jurisprudence (fiqh) based on maqÄá¹£id syarī’ah. Management of mangrove ecotourism in Wonorejo Surabaya city uses a conservation and society participation approach to ensure the mangrove forest ecosystem is sustainable. In the perspective of the maqÄá¹£id syarī’ah the management of sustainable ecotourism is in line with the philosophical spirit in the following objectives of Shari’a: (1) ḥifẓ al-mÄl in the context of mangrove ecotourism to empower local communities in the economic field, (2) ḥifẓ al-bī’ah in the context of mangrove ecotourism requires the protection of ecological aspects, and (3) ḥifẓ al-‘aql in the context of ecotourism functions as a learning medium in the world of science development education. Jurisprudence for ecotourism as an idea that relies on a normative and empirical approach to the utilization of mangrove forests as natural tourism is expected to be able to provide insight to visitors to be eco-friendly. The construction of ecotourism jurisprudence can be formulated by considering the following aspects: the first, the orientation of ecotourism must be built with the aim of preserving the mangrove ecosystem; the second, management of mangrove ecotourism based on an analysis of the benefits of ecological, economic and educational aspects; the third, the development of mangrove ecotourism does not conflict with shari’a principles; the fourth, management of mangrove ecotourism based on the permission of stakeholders; the fifth, community involvement in the preservation of mangrove forest tourism is a collective obligation (fará¸u kifÄyah).]]>
<![CDATA[Pembajakan Karya di Bidang Hak Cipta: Telaah Integratif Hukum Islam dan Undang-Undang R.I. Nomor 28 Tahun 2014 tentang Hak Cipta ]]>
<![CDATA[Syufa'at Syufa'at]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol 13 No 1 (2019) ]]>
Publisher : <![CDATA[Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto ]]>
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DOI: 10.24090/mnh.v0i1.2215
<![CDATA[Copyright is one part of intellectual property that has the widest scope of protected objects. The rapid development of information and communication technology requires rules that support copyright, especially with the rampant piracies. Therefore, copyright must have a legal protection as other rights. This paper is dedicated to outlining the concept of piracy of works in the field of copyright using an integrated review of Islamic law and the Indonesian Law No. 28 of 2014 concerning Copyright. By using a deductive framework and normative approach, this paper formulates one finding that copyright piracy even though there are no clear and standard rules in Islamic law, by using analogy (qiyÄs) method, the copyright rule is in accordance with the law against the perpetrator of theft (saraqah). However, because a pirator of copyrights is not the same as a theft, its rule enters ta’zÄ«r domain where all provisions for sanctions are determined by the government. In Indonesia, the actualization of sanctions is regulated in Law No. 28 of 2014, which essentially strives to create justice and guarantee of every individual right that leads to widespread benefit. Islamic law (in this case saraqah rules) becomes the theological basis for Law No. 28 of 2014 in a normativity context, where the integration points of Islamic law and Indonesian law can be established.]]>
