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Al-Manahij : Jurnal Kajian Hukum Islam

almanahij
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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 378 Documents

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Penyebaran Fikih Mazhab Syafi'i di Nusantara: Studi Sosio-Historis Masa Kesultanan Palembang Darussalam Muhammad Adil; Muhamad Harun
Al-Manahij: Jurnal Kajian Hukum Islam Vol 14 No 2 (2020)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

This study explains the spread of the Syafi'i school of fiqh in the Indonesian Archipelago by taking the time of the Palembang Darussalam Sultanate. The dissemination of the Syafi'i school of fiqh was officially carried out through the sultanate institution by the ulama appointed by the Sultan. The official positions in the field of religion are Pangeran Penghulu Nata Agama, Penghulu Nata Agama, and Khatib Imam. This position continued during the colonial period and ended until 1905 as Hoofd Penghulu. In addition, the dissemination of the Syafi'i school of fiqh was also carried out by scholars who had close ties to the sultanate, such as Abdul Samad al-Palimbani, Kemas Fakhruddin, and Syihabuddin al-Misri al-Jawi al-Palimbani. Authentic evidence of the spread of the Shafi'i School of jurisprudence occurred through the translation and copying movement of the Shafi'i School of Islamic scholars, as was done by Sheikh Abdul Samad who wrote and translated books written by Imam Ghazali in the fields of fiqh and Sufism, such as books of BidÄyat al-HidÄyah was translated as HidÄyat al-SÄlikÄ«n fÄ« Suluk al-Maslak al-MuttaqÄ«n, and IhyÄ 'UlÅ«m al-DÄ«n was translated as Sayr al-SÄlikÄ«n ilÄ IbÄdat Rabb al-AlamÄ«n. Thus, it can be seen that this model of dissemination has caused the Syafi'i school of jurisprudence to continue to experience its development until now to dominate as a school of law adopted by the community.

Pengalihan Wakaf oleh Sarak Opat di Aceh Tengah Ditinjau Hukum Islam dan Hukum Adat Hazar Kusmayanti
Al-Manahij: Jurnal Kajian Hukum Islam Vol 15 No 2 (2021)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

Waqf is one of the institutions of Islamic social institutions that contain socio-economic values that are expected to help to realize social welfare that benefits can be enjoyed together. However, there are many problems related to waqf land, one of which is the change in the designation of waqf land-based on adat meetings. The purpose of this thesis is to examine the legal position of waqf land that has changed its designation and implementation of waqf in Central Aceh District based on Islamic Law and Customary Law in terms of the Law. The research in this thesis uses the normative juridical approach The specification of the research conducted is analytical descriptive. Based on the results of this study, the legal status of waqf land that has been represented cannot be used if it is not in accordance with the waqf pledge, but there are exceptions to the waqf land that can be changed its designation and must follow the procedure for changes stipulated by Law Number 41 of 2004 Execution of existing land parcels in Central Aceh Regency, Islamic Law has been implemented correctly, but the state administration has not been implemented to the maximum.

Perlindungan Hukum Perjanjian Bagi Hasil Petani Garam di Kabupaten Pamekasan dalam Perspektif Hukum Islam dan Hukum Perdata Achmad Badarus Syamsi; Galuh Widitya Qomaro
Al-Manahij: Jurnal Kajian Hukum Islam Vol 14 No 1 (2020)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

The function of approval in an agreement (contract) is as a statement between the two parties on their respective rights and obligations so that if there are parties whose rights are not fulfilled, they can feel protected and demand these rights. Therefore, it is appropriate that an agreement on a contract must be carried out properly so that it can guarantee the rights of both parties. Madura Island is the best salt field in Indonesia, so there are many contracts between farmers and salt landowners. This article discusses the pattern of revenue sharing between farmers and salt landowners in Pamekasan Regency using the schemes of a half to a third and one fifth to two fifths. These revenue sharing patterns have different rights and obligations. The difference is a bigger obligation to those who get half. The author found that the pattern of production sharing agreements made by farmers and salt landowners in Pamekasan Regency according to the Agreement Law and Islamic Law did not meet the basic principles of agreement, because the agreement was made only verbally and there were no witnesses so that it had an impact on the lack of protection for farmers and the absence of witnesses causes no clarity on the boundaries of the contract.

Dari Idealisme ke Pragmatisme: Pergeseran Paradigma dalam Pengembangan Hukum Ekonomi Syariah di Indonesia Addiarrahman Addiarrahman; Illy Yanti
Al-Manahij: Jurnal Kajian Hukum Islam Vol 14 No 2 (2020)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

This study seeks to understand the pragmatism of the development of sharia economic law, and its implications for Islamic financial products in Indonesia. The data comes from the results of interviews and focus group discussions with key informants from academics, practitioners, authorities, and the public. This research finds that pragmatism in the development of Islamic economic law is an approach that still dominates the DSN-MUI fatwas. The pragmatism style used is complex-eclectic pragmatism which is represented through makhÄrij al-fiqhiyyah, which is to choose a mild opinion by sticking to the strongest method or also called "taysÄ«r al-manhajÄ«". The use of this method is intended to ensure that the fatwa is truly able to answer the needs of the business world, as well as being in line with sharia principles. DSN-MUI also does not use maslahah as a legal consideration in a free or liberal way. Rather, it returns maslahah in consideration of the method, so that it is permissible to use the bayâ€™ al-'inÄn contract only in a forced state (á¸arurah).

Maqsad Hifdz al-Ummah fi Shalat al-Jumu'ah: Dirasah Tahliliyyah min Khilal Haqidah wa Syuruth Shalat al-Jumu'ah fi al-Madzahib al-'Arba'ah Zaenal Abidin Mochamad Baqir
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 14 No. 1 (2020)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

Friday Prayer is one of the obligatory services for all Muslims in the world. Aside from being an obligation, Friday prayers are also a gathering place and are a unifying symbol of Muslims. The problem that arises at this time is that many people do not perform Friday prayers; even Friday prayers are held in various mosques in one neighbourhood. This fact denies the essence of Friday prayers. The method used in this paper is a qualitative method with a normative approach. This article aims to find out the purpose of the law (maqasid al-syari'ah) from the Friday prayers. From the various schools of jurisprudence the four schools can be seen that all the Imams of the schools agreed on the prescribed conditions of Friday prayers and all Muslims must carry them out. The obligation to carry out this Friday prayer, besides aiming at carrying out compulsory worship, is also a gathering place and a symbol of the unity of Muslims. Brotherhood and unity of Muslims can be done if one ward is only held one Friday prayer. This is different from the fact that runs at this time, where many Muslims in one region or neighbourhood perform Friday prayers with more than one mosque. This fact will contradict the intrinsic purpose (al-maqasid al-haqiqi) of the Friday prayer.

Menakar Kesyariahan Fintech Syariah di Indonesia Fathul Aminudin Aziz
Al-Manahij: Jurnal Kajian Hukum Islam Vol 14 No 1 (2020)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

The development of information technology penetrated into all financial sectors, including sharia financial technology (Fintech). OJK as a regulator of the financial industry has issued regulations, to anticipate the development and utilization of IT in the financial industry such as lending, personal finance, crowdfunding, electronic money, investment investments, payment gateways, wealth management, and various other startups. Shari'ah literacy needs to be improved by giving an understanding that shari'ah is label and nature, theory, and practice, so halal is measured by how many elements of sharia are fulfilled. As for the elements of Islamic fintech in Indonesia, among others, accountability, transparency of information, fairness, equality, social piety, avoidance of transactions that are reckless, maysir, gharar, risywah, tadlis, israf, and halal. different amounts depending on how much the shari'a element is fulfilled. The greater the halal dose is fulfilled, the greater the halal, and vice versa the smaller the halal element is fulfilled, the smaller the halal value of its fintech transactions.

Mitigasi Resiko Investasi Bodong dan Aktualisasi Nalar Istiṣlāḥ Firman Muhammad Arif
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 14 No. 1 (2020)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

This paper explores investments with manipulation and embezzlement. The reality of bulging investment development is considered to never die, even the number of victims and losses from year to year is increasingly fantastic in some areas. The fact of the rise in casualties and fantastic losses in the offense of the bulging investment is analyzed, elaborated, and formulated using the Istiṣlāḥ reasoning device as classical legal reasoning that is in line with regulations and is considered still relevant to the current context. This is a qualitative research that describes reality in society or is taken from a variety of sources that are minimal from manipulation and illusion so that the observations made are synergized with sensing or trusted. The results showed that efforts to minimize the impact of the rampant bulging investment were anticipated by the actualization of reasoning in both normative and empirical ways. The style of Istiṣlāḥ reasoning with its two segments namely maṣlaḥah mursalah and żarī’ah are collaborated with a legal or regulatory approach sourced from the government to degrade the fantastic number of victims to be drastic. Financial literacy education and law enforcement need to get primary attention.

Undang-Undang Informasi dan Transaksi Elektronik dalam Konteks Maqasid Syari'ah Abdul Hadi; Bekti Taufiq Ari Nugroho; Ahmad Muntakhib; Choeroni Choeroni
Al-Manahij: Jurnal Kajian Hukum Islam Vol 14 No 2 (2020)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

The fundamental values â€‹â€‹contained in Islamic law are reflected in the formulation of Islamic law itself, namely happiness, enjoyment, benefit, justice, and so on. The online system has the potential to conflict with the values â€‹â€‹of Islamic law, which is detrimental to many people because of the difficulty of tracking various electronic transactions and it can have a very broad impact when it comes to crimes in the digital world. Based on this reality, several research problems arise related to the ITE Law from the perspective of maqÄá¹£id shari'ah. This article is a library research study using a qualitative paradigm. The results of the discussion show that the emergence of social groups in the name of religion that misuse social media has occurred, one of which is spreading hoax news, updating news, photos, and videos, etc. that deviate from existing norms. The ITE Law is a new thing in the realm of legislation in Indonesia. For that, it is necessary to study further, one of which is in terms of maqÄá¹£id syarÄ«'ah the extent to which the objectives of the law are viewed from Islamic law or qawÄ'id uluhiyyah. The relevance of maqÄá¹£id syarÄ«'ah with the ITE Law is that there are regulations that guarantee the benefit of the people, namely being able to bring benefits and keep people away from evil deeds by using these cyber tools.

Dinamika Poligami di Tengah Budaya Oligarkis-Patriarkis (Studi pada Masyarakat Poliwali Mandar dan Konawe Sulawesi) Anwar Sadat; Ipandang Ipandang
Al-Manahij: Jurnal Kajian Hukum Islam Vol 14 No 1 (2020)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

This article attempts to look at the other side of polygamy in the context of Islamic law amid oligarchic-patriarchal culture. During this time, there are people who think the reality of polygamy as a normal action performed. But there are some state that marriage should be practiced with the true principles of monogamy. Therefore, the article focuses on the wisdom of the polygamy reality experienced by the people of Polewali Mandar district in West Sulawesi and Konawe in Southeast Sulawesi based on normative narratives. The conclusion of this article is the reality of polygamy appears inseparably from the theological and cultural foundation of value-patriarchal oligarchic. Hence, the Quranic verse interpretation greatly influences the thought and practice of marriage in a society. Like the one phrase (fa wÄá¸¥idah) in QS. an-Nisa verse 3 which is interpreted not to prohibit a polygamy but the demand to marry another wife besides the first wife if she is unable to be fair. If a man is able to be fair in the matter of material, then he is permitted to marry at least four women at the same time.

Konsep Nusyuz dalam Mazhab Syafi'i Perspektif Keadilan Gender Dwi Meitayani
Al-Manahij: Jurnal Kajian Hukum Islam Vol 4 No 1 (2010)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

The idea of nusyuz in Syafiâ€™i mazhab is interesting because it supports gender equity and can be seen from two perspectives, men and women.

Page 21 of 38 | Total Record : 378

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

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

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

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