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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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Ijtihad sebagai Sarana Merajut Nilai Kemaslahatan dan Keadilan Umat Moh. Roqib
Al-Manahij: Jurnal Kajian Hukum Islam Vol 1 No 1 (2007)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

Islam is prominent and actual in every occation, however problrms are always rising. To handle those problems, ijtihad or a process to obtain operational Islamic law is considered by some Moslem scholars as one solutions. Ijtihad which is relative and tentantive is used for gaining the shariâ€™aâ€™s aim (maqasid al-shariâ€™a), society peaceful (maslahah â€˜ammah).

Etika Fuqaha' Al-Salaf dalam Berbeda Pendapat Mengenai Masalah Fikih Suraji Suraji
Al-Manahij: Jurnal Kajian Hukum Islam Vol 4 No 2 (2010)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

Differentopinion on Islamic law among Islamic scholars is such a relity and it also a part of God's disposition that has to be taken wisely. Moslems ouht to learn and try to build a scientific athics that has been taught by fuqaha al-salaf. They taught about tolerance and respecting others opinins. Open mindedness is important to be learned to those different opinions. By learning those ethics, a peaceful and harmonious life might be realized.

Shiqaq dan Penyelesaiannya dalam Hukum Islam Ali Trigiyatno
Al-Manahij: Jurnal Kajian Hukum Islam Vol 4 No 2 (2010)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

Marriage which is intended to buid a good and blased family sometimes gets a trouble such as disloyality. Disloyality might be done by husband, wife or both of them. Shiqaq therapy is usually applied to overcome disloyality by having two people (hakam) from both side to find the best solution such as reconciliation or a recommendation to get divorce.

Problem Penerapan Bagi Hasil dalam Pembiayaan di Perbankan Syariah Dani Kusumastuti
Al-Manahij: Jurnal Kajian Hukum Islam Vol 4 No 2 (2010)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

Instead of the rationale and potential benefits of the PLS system emphasized by the academic community, experiences indicate some inherent problems in applying PLS mode of financing. These problems prevent banks from adopting the PLS financing contract, thus there is a lack of profit-loss sharing (PLS) contract in the practice of Islamic banking. Basically, the problems arose from the nature of the system itself, which does not ascertain the rate of return positively, this system gives a wide range of freedom that release the user of the fund to manage and control the activity and productivity of the business. On the other side, it potentially brings Islamic Banks to face to face with the problem of moral hazard and adverse selection done by the user of the fund (businessman). These main problems derived from the existence of asymmetric information between the bank and the user of the fund. To be able to contribute to the economic stability, shariah banking should dominate their financing portfolio based on the PLS system. For that aim, many ways are offered.

Nilai-Nilai Ilahiah dalam Hukum di Indonesia Fathul Aminudin Aziz
Al-Manahij: Jurnal Kajian Hukum Islam Vol 4 No 2 (2010)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

Intellectual honesty represent significant spiritual value that has been reserved by the people in Indonesia. Mean while, there are many religions and some societies exploit the variety of those interpretations.

Pemberlakuan Syari'at Islam di Indonesia Imam Annas Mushlihin
Al-Manahij: Jurnal Kajian Hukum Islam Vol 4 No 2 (2010)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

UU No. 22/1999 about Regional is one factor triggering the high demand of maintaining Islamic law. It is such on opportunity to uphold the Islamic law. Some theories e.g reception in complex, receptive, receptie exit and reception a contario has influenced some new regulation. In political point of view, the upholding of Islamic law is mainly caused by strong moslemâ€™s politic-religy. Some areas put regional regulation into effect and it causes some discourse counter by using human right norms.

Titik Singgung Hukum Islam dengan Hukum Adat pada Naskah Perundang-Undangan Kerajaan Islam di Nusantara Anis Masykhur
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 study of the intersection of Islamic law with customary law in the legislation texts of the Islamic kingdoms in the Indonesian Archipelago is intended to describe the flexibility of Islamic law when it meets customary law, and vice versa. This research is a comparative study between the laws that were made into the sultanate law in the archipelago in the 16-18 century AD. The nature of Islamic law is believed to have the ability to adapt (legal adaptability) with other laws. One theory that can strengthen this statement is the existence of one of the five major principles in the science of Usul al-Fiqh, namely "al-Ê»adÄh al-muhakamah" which means that customs can be used as a legal basis. Ibn al-Qayyim also introduced the rule of "taghayyur al-fatwÄ bi taghayyur al-azminah", meaning changes in fatwas due to changes in time. These principles reinforce the flexibility of Islamic law. By taking some examples from articles from the Malacca law, the Simbur Tjahaya Act of the Palembang Sultanate, the Jambi Customary Law, the Sultan Adam Law on the Banjar Sultanate, the Martabat Tujuh Law for the Buton Sultanate and the Baraja Niti Kutai Law Kartanegara, it was found that the intersection between Islamic law and customary law was seen in these laws, which were complementary, and there was no tension.

Dinamika Penentuan Awal Ramadan di Sumatera Barat Urwatul Wusqa; Salma Salma; Walan Yudhiani
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 paper aims to explore the understanding of the Muslim community of West Sumatra about the determination of the beginning of the month of Ramadan and its implications for implementing the first day of fasting. The people of West Sumatra are always talked about when determining the first day of Ramadan because they are divided into several groups. As a result, they differ in the implementation of the first day of fasting, the implementation of Eid al-Fitr and Eid al-Adha. This type of research is field research. Data obtained through in-depth interviews with people who can provide important information about the determination of the beginning of this month, including the leader of Naqsabandiyah, Satariyah, person in charge of hisab Muhammadiyah, ru'yah NU, astronomy experts, as well as several congregations from each group. The results showed that determining the start of the month is a very old problem but always becomes new every time Ramadan comes. The problem of determining the initial crescent moon in Indonesia in general and West Sumatra in particular is basically the same but the practice depends on the different ways of understanding the context of the initial crescent of the month. In fact, these differences are very difficult to reconcile because each element remains steadfast in maintaining its sectoral ego.

Kedewasaan Usia Perkawinan Perspektif Hadis Nabi Muhammad dengan Pendekatan Interkoneksitas Maslahah Abdul Gaffar; M Ali Rusdi; Akbar Akbar
Al-Manahij: Jurnal Kajian Hukum Islam Vol 15 No 1 (2021)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

Indonesian Muslims have not maximally applied maturity of marriage age as an important aspect in obtaining marital success. Apart from the concept of maturity of diverse marriage age, divorces and many marital problems based on the immaturity of a married couple still rife in Indonesia. The government has even issued regulations related to the age of marriage through Law number 1 of 1974 that was revised by Law number 16 of 2019, which stipulates that marriage is limited to a minimum age of 19 years for the two brides. This article aims to find the concept of quality-oriented marriage age to complement the quantity-oriented idea as applied by the Indonesian government and as understood differently by Muslims based on the opinions of the scholars (â€˜ulamÄ). This article abstracts the concept of the ideal age of marriage from the instructions of the Prophet Muhammad PBUH as the primary reference of Islamic teachings by discussing the hadÄ«th using the maâ€˜ÄnÄ« al-hÌ£adÄ«á¹¡ analysis with three interpretation techniques namely textual, intertextual, and contextual interpretation to obtain comprehensive meaning. The results of the examination show that the hadÄ«th requires the criteria for the maturity of the marriage age in the form of religious, physical, financial, and social maturity. These qualitative criteria fulfill the element of maqÄá¹£id al-syarÄ«â€˜ah and are interconnected so that they should be actualized as a new basis in the formulation of policies related to the maturity of marriage age in Muslim societies.

Cerai Lebe sebagai Inisiatif Lokal dalam Upaya Meminimalisir Praktek Perceraian Liar (Studi Kasus di Desa Cangkring Kabupaten Indramayu) Wardah Nuroniyah
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

There are a lot of divorces conducted outside the court that occurs in Cangkring Village, Indramayu Regency. Uniquely in this village Lebe (a marriage registrar officer) became a facilitator in matters of divorce including in terms of handling administratively the data of divorced couples without submitting to the Religious Courts. Through a socio-juridical study, it is understandable as a choice for the community in resolving conflicts in marriages. There are many reasons for choosing divorce by Lebe, the individual reasons, such as the geographical location of the village that far from the court, economic factors, early marriage, low human resources, or local socio-cultural conditions that affect a person to do divorce through the Lebe. Based on the theory of social action by Talcott Parsons, the actors who chose divorce through Lebe are considered easier to achieve its goal of divorce. Divorce by Lebe in Cangkring village is intended to curb peace and legal protection for the people who have a very high divorce rate. The community was given convenience because the rules in divorce are not as complicated as the divorce process in the Religious Court, even though it is considered illegal.

Page 27 of 38 | Total Record : 378

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Reviewer

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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

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