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[Menakar Urgensi dan Masa Depan Legislasi Fiqih Produk Halal di Indonesia ]]>
<![CDATA[Siti Rohmah]]>;
<![CDATA[Ilham Tohari]]>;
<![CDATA[Moh. Anas Kholish]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol 14 No 2 (2020) ]]>
Publisher : <![CDATA[Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto ]]>
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DOI: 10.24090/mnh.v14i2.3811
<![CDATA[This article aims to identify and analyze the urgency and future of fiqh legislation for halal products in Indonesia. In addition, this article also aims to identify and analyze whether Law no. 33 of 2014 concerning the Guarantee of Halal Products is the result of authoritarianism in the name of Islamic law in Indonesia or is a constitutional guarantee for the majority of Muslims. The conclusion of this study shows that the effort to enact the jurisprudence of halal products through the Halal Product Guarantee Law is a constitutional necessity for Indonesian citizens who are predominantly Muslim. The regulation of halal certification in the Halal Product Guarantee Law is a form of legal certainty and constitutional protections for the majority of Muslims as consumers in Indonesia. In addition, the existence of the Halal Product Guarantee Law is also considered to provide benefits economically, socially, and healthily, which applies universally regardless of religion. Even the accusation that the Halal Product Guarantee Law is a product of authoritarianism that harms non-Muslims cannot be justified. Because the producers of food and medicine that are widely circulating in supermarkets and mini-markets in Indonesia are actually non-Muslim owners. Even with this halal certification, their products can enter the world market, especially in Muslim countries.]]>
<![CDATA[[RETRACTED:] Membaca Maqasid Al-Syari'ah dalam Konteks Kemaritiman dan Ketahanan Nasional ]]>
<![CDATA[Asep Saepudin Jahar]]>;
<![CDATA[Amany Lubis]]>;
<![CDATA[Muhamad Fahri]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol 15 No 1 (2021) ]]>
Publisher : <![CDATA[Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto ]]>
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DOI: 10.24090/mnh.v15i1.3832
<![CDATA[[This article is retracted because the authors have already submitted and published it elsewhere. The authors submitted it to another journal while the article was in the editorial process of Al-Manahij: Jurnal Kajian Hukum Islam.] [Editor-in-chief: Bani Syarif Maula] ****************************** This essay deals with the integration between Islamic law and maritime affairs and national defence. The ends of sharia play a significant role in providing a mechanism and its practical strategies on how maritime affairs and national defence to be developed. This study searches to highlight dimension integration between Islamic law, social and natural sciences. It elaborates on the making of Islamic values as the basis of maritime affairs, national defence in maintaining social and natural lives. The object of this study is maritime and national security which is used as data and research analysis on the integration of Islam, science and society. This research explains that the scope of Islamic values in terms of maritime and national security is part of the foundation for preserving life, property and the quality of the nation's next generation (preserving offspring). By employing Jasser Auda’s thoughts on specific maqāṣid, this paper argues that strengthening maritime affairs and national defence needs to be integrated with the ends of Islamic law.]]>
<![CDATA[Fatwa Majelis Ulama Indonesia sebagai Solusi Permasalahan Umat Islam di Indonesia ]]>
<![CDATA[Ibnu Elmi Achmat Slamat Pelu]]>;
<![CDATA[Jefry Tarantang]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol 14 No 2 (2020) ]]>
Publisher : <![CDATA[Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto ]]>
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DOI: 10.24090/mnh.v14i2.3927
<![CDATA[The Indonesian Ulema Council (MUI) has an important role in answering the increasingly complex problems of Muslims through fatwas. However, in the Indonesian legal system, fatwas are not considered a source of material law that has legal validity as a solution to the problems of Muslims in Indonesia. Therefore, this study aims to describe the position of fatwas in the legal system in Indonesia and the existence of the fatwas of the Indonesian Ulema Council in addressing the problems of the ummah. This research is a normative legal research using three types of approaches consisting of a statutory approach, a historical approach, and a conceptual approach. The results of this study concluded that: firstly, the position of fatwas in the construction of Islamic law has a high position. Fatwas are seen as a solution that can break the ice in legal development that is not accommodated by the texts of the Quran. So, substantively and sociologically, fatwas have a strong and binding position in Islamic law. Secondly, the existence of the fatwa of the Indonesian Ulema Council in responding to the problems of the Ummah can be seen in two aspects. The first aspect, fatwas in the perspective of Islamic legal authority are binding sociologically in substance. This is because fatwas are explanations and interpreters of the texts of the Quran regarding Islamic law. The second aspect, fatwas from the perspective of the hierarchy of laws and regulations, legally and formally, do not have any position in the ranking of legal norms. However, it is constitutionally guaranteed through Article 29 of the 1945 Constitution that guarantees the realization of the fulfillment of all Islamic law for Muslims in Indonesia.]]>
<![CDATA[Persaksian Talak: Perspektif Ulama Sunni dan Syi'ah Imamiyah ]]>
<![CDATA[Ali Trigiyatno]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol 14 No 2 (2020) ]]>
Publisher : <![CDATA[Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto ]]>
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DOI: 10.24090/mnh.v14i2.3928
<![CDATA[In general, Islamic scholars have the same spirit in addressing the occurrence of divorce, namely the desire to make divorce difficult. However, on the other hand, there appears to be an inconsistency in this matter, where when reading fiqh books in a Sunni environment it seems that they facilitate divorce. As in the case of divorce testimony, Sunni ulama legalize the fall of divorce without witnesses, while among Shia clerics, they make divorce more difficult by requiring two fair witnesses to the legality of a divorce. This article aims to compare the two different views of Sunni and Shia scholars regarding divorce testimony in order to determine a stronger and more beneficial opinion. The result of the research proves that the arguments of the Shia ulama which oblige two witnesses to validate divorce are stronger and more beneficial. This opinion also makes it more difficult for the possibility of divorce to fall, and in its development, it is used in the legislation of Muslim countries by requiring divorce in front of a court session where at least two witnesses are certain to witness.]]>
<![CDATA[Literasi Politik Komunitas Samin di Bojonegoro dalam Pemilu Perspektif Fiqih Siyasah ]]>
<![CDATA[Muh Fathoni Hasyim]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol 14 No 2 (2020) ]]>
Publisher : <![CDATA[Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto ]]>
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DOI: 10.24090/mnh.v14i2.3933
<![CDATA[The dynamics of political participation of the Samin community in Bojonegoro show significant development of political literacy. This study is focused on answering the political literacy of the Samin community in voicing their aspirations in the General Election from the perspective of Fiqh Siyasah. The results of the study show that the level of political literacy of the Samin community is increasing. The indicator is that the enthusiasm of the Samin people in exercising their voting rights in the general election. In facing elections, the Samin community usually holds a community meeting led by the customary head, to determine the direction of their political aspirations. Over time, this tradition, although still valid, the results of its decisions are not binding. This means that the Samin people are given the freedom to make their own choices. This is different from previous times where the results of the deliberations were a collective decision in determining political aspirations. In the context of Fiqh Siyasah, the political literacy of the Samin community in the General Election is an exciting process of democratization, because the participation of the Samin community shows a growing awareness of living as a nation and a state within the frame of diversity. The practice of deliberation carried out by the Samin community is the application of the principle of deliberation in Islam, so that even though the results are not binding, the decision-making process creates a dialogue between community members to build an increasingly dynamic and progressive political literacy of the Samin community.]]>
<![CDATA[The Distribution Mechanism of Subsidized Liquid Petroleum Gas in Sajad District West Kalimantan: An Investigation Based on Islamic Law ]]>
<![CDATA[Zarul Arifin]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol 15 No 1 (2021) ]]>
Publisher : <![CDATA[Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto ]]>
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DOI: 10.24090/mnh.v15i1.3960
<![CDATA[This research is based on an initial survey of the distribution of subsidized 3-kg LPG which I think is not right on target because it is full of fraudulent practices. In distributing LPG, it was found that many rich people still buy subsidized 3-kg LPG. In fact, according to government regulations, 3-kg LPG is intended for the poor economic community or small business owners. The problem that is the focus of this research is how the mechanism for distributing 3-kg LPG is in Sajad Regency, and how is the law on selling 3-kg LPG for the rich when viewed according to Islamic law. To answer these questions, data collection techniques were carried out through observation and interviews. The results of this study are 1) the distribution of 3-kg LPG is not in accordance with government regulations, namely the distribution of LPG prioritizes people who can afford it above the official price, while the poor can only get a small part of the official government price/national subsidy price, so there are more stock for sale at more expensive than the official price. 2) If viewed from Islamic law, the distribution of 3-kg LPG is not in accordance with the sharia business method because it is carried out by ignoring government regulations, namely traders are considered to have broken an agreement with the government regarding price determination. In addition, this buying and selling practice also lacks supervision, no sanctions and no law enforcement to maintain subsidy prices so that many sellers dare to violate contracts with the government and violate government regulations.]]>
<![CDATA[Telaah Integratif Filsafat Hukum Publik dan Teori Maslahah terhadap Kebijakan Amnesti Pajak di Indonesia ]]>
<![CDATA[Karimatul Khasanah]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol 15 No 1 (2021) ]]>
Publisher : <![CDATA[Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto ]]>
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DOI: 10.24090/mnh.v15i1.4041
<![CDATA[Tax amnesty policy has been issued by the Government of Indonesia for six times, i.e., 1964, 1984, 2007, 2009, 2015, and 2016. But actually, such policy is not a common one, because taxes are obligation for everyone who has met the criteria as a taxpayer. Therefore, the emergence of this policy often leads to controversial responses from many people. This research aims to reveal how the analysis of the philosophy of public law (justice, expediency and legal certainty) toward tax amnesty policies in Indonesia, which is integrated with the theory of maá¹£laḥah (public benefit) in Islamic legal philosophy (Usul al-Fiqh). The findings of this study indicate that the implementation of the three legal principles in the tax amnesty policy in Indonesia actually has a legal legitimacy (i’tibÄr syar’iy) in the perspective of maá¹£laḥah (public benefits). As the character of the maslahah, then the hierarchy of the three is tentative depending on the level of urgency driven by surronding situations and conditions.]]>
<![CDATA[Putusan Serta Merta dalam Perkara Hadhanah di Pengadilan Agama dalam Rangka Perlindungan Anak ]]>
<![CDATA[Asni Asni]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol 15 No 1 (2021) ]]>
Publisher : <![CDATA[Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto ]]>
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DOI: 10.24090/mnh.v15i1.4115
<![CDATA[Child custody cases processed in the Religious Court often cause certain problems. Therefore, a special strategy is needed by the judge in resolving child custody cases. This paper describes the opportunities for implementing decisions immediately as one of the strategies that can be taken by judges in resolving child custody cases in the Religious Court. A decision immediately is a decision that can be immediately executed even if the opposing party submits legal action. Methodologically, this study uses normative legal research so that it applies a juridical normative approach. The research was conducted by adapting a literature study combined with interviews with Religious Court judges. The results of the study confirm that a decision immediately is one of the strategies that a judge can take if in a case it is feared that the losing party will make negative efforts that can harm the winning party. However, the most important consideration for the judge in this matter is for the best interest of the child and the realization of the benefit of society.]]>
<![CDATA[Diskursus Khilafah dalam Kajian Fiqh Siyasah Klasik dan Kontemporer ]]>
<![CDATA[Ismail Marzuki]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol 15 No 2 (2021) ]]>
Publisher : <![CDATA[Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto ]]>
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DOI: 10.24090/mnh.v15i2.4159
<![CDATA[Until now, the Muslim community in Indonesia is flooded with massive information about the discourse of the obligation to establish a caliphate. Some argue that establishing a caliphate is an obligation for all Muslims. This article discusses the caliphate discourse in the study of fiqh al-siyasa in the classical era and the contemporary era. The discourse on the caliphate in the contemporary era has warmed up after the collapse of the Ottoman Turks in 1924, the debate on theme of the caliphate in the contemporary era is about whether there is a standard form of government and Islam, the legal status of establishing a caliphate, and so on. This theme is different from the themes of the discussion of the caliphate in the classical era, in this era, themes the caliphate revolved around aspects of Islamic leadership values, such as procedures for choosing a caliph/leader, political ethics that must be held by leaders and other state officials.]]>
<![CDATA[Urgensi Penggunaan Mediasi dalam Penyelesaian Perkara Pembatalan Perkawinan di Pengadilan Agama ]]>
<![CDATA[Destri Budi Nugraheni]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol 14 No 2 (2020) ]]>
Publisher : <![CDATA[Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto ]]>
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DOI: 10.24090/mnh.v14i2.4177
<![CDATA[The annulment of marriage is one of the exception cases within the obligation of using mediation based on the Supreme Court Regulation No. 1 of 2016. However, after 2016, there was the annulment of marriage court decisions still used mediation for its settlement. The aim of this research is to analyze the urgency of using mediation within the annulment of marriage settlement in the Religious Court and its relevance with upholding justice for justice seekers. The method of this research is juridical normative through analyzing the secondary data namely regulations and court decisions on annulment of marriages either with or without mediation. The results showed that there was no single successful mediation in resolving cases of marriage annulment and there was no difference in the reasons for filing a case between decisions using mediation or without mediation. Regarding the function of mediation that claims to give justice for justice seekers and reduce the accumulation of cases in the Supreme Court, it can be concluded that cases of marriage annulment should not use mediation in the settlement of the case, because it is related to the legality of a marriage, not related to marital disputes.]]>
