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[Konstruksi Epistemologi Fikih Pandemik: Analisis Fatwa-Fatwa MUI ]]>
<![CDATA[Ilyas Supena]]>
<![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.v15i1.4203
<![CDATA[The Covid-19 pandemic has changed the behavior of people in the world, both in social, political, cultural and religious practices. The practice of strict health protocols has changed religious practices, both in Islam, Christianity, Hinduism, Buddhism and other faiths. In Islamic countries or countries where the population is predominantly Muslim, the ulama play an important role in legitimizing these changes in religious practice. In Indonesia, there is the Indonesian Ulema Council (MUI) which plays a role in providing fatwas related to changes in religious practices, such as prayer, zakat, Hajj and burying people who died due to being infected with Covid-19. These fatwas raise the issue of the epistemological construction that underlies the fatwas. Through a philosophical approach and content analysis of the MUI fatwas products, it was found that MUI fatwas were based more on empirical-scientific arguments (burhani) as well as ethical principles of Islamic teachings contained in the principles of maslahah (general good) and syadz al-zari'ah (avoiding danger). This article shows that the legal reasoning built by MUI shows the tendency of epistemology with a realism style based on scientific facts so that religion plays a role in providing legitimacy in the ethical and moral realm in the form of sharia objectives (maqÄshid al-syarī’ah).]]>
<![CDATA[Marriage Dispensation in Underage Marriage: A Case Study at the Purwokerto Religious Court ]]>
<![CDATA[Syufa'at Syufa'at]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol 16 No 1 (2022) ]]>
Publisher : <![CDATA[Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto ]]>
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DOI: 10.24090/mnh.v16i1.4229
<![CDATA[The purpose of marriage is to make family in happy and eternal according to the purpose of Law Number 1 of 1974, and the state has set a marriage age limit. Problems occur because there are many cases of marriage dispensation with decisions being granted which sometimes contradict the purpose of marriage. This study discusses the marriage dispensation decision at the Purwokerto Religious Court in 2018 with 108 decisions. The results show that there are two main factors that make judges allow children to marry through marriage dispensation. The first factor considered by the panel of judges, namely the existence of such a close relationship between the prospective groom and the prospective bride that causes the parents of each prospective bride and groom to worry that their child will fall into things that will be detrimental. The second reason assessed by the panel of judges was that the bride and groom were pregnant. In order to reduce the practice of marriage dispensation, pre-marital guidance, counseling through recitation is a psychological and mental preparation to achieve the purpose of marriage.]]>
<![CDATA[Peran Kaidah Fikih dalam Aktualisasi Hukum Islam: Studi Fatwa Yusuf Al-Qaradawi tentang Fiqh Al-Aqalliyat ]]>
<![CDATA[Zainul Mun'im]]>
<![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.v15i1.4546
<![CDATA[Fiqh as a product of Islamic law must always be up to date to become a religious solution for society. This fact requires scholars to have high creativity in doing ijtihad so that actualizing of Islamic law can be realized perfectly in today's contemporary era. One of the scholars who focus on the actualization of Islamic law is YuÌ„suf al-QaradÌ£aÌ„wiÌ„. His fatwas, which contain actualizations of Islamic law, are fatwas on Muslim minority issues (fiqh al-aqalliyaÌ„t). This study highlights the role of Islamic legal maxims (al-qawaÌ„id al-fiqhiyyah) in al-Qaraá¸ÄwÄ«'s fatwa on fiqh al-aqalliyaÌ„t. The data comes from books and articles related to the theme. This research proves that Islamic legal maxims have a dominant role in the methodology of al-QaradÌ£aÌ„wī’s ijtihad. In establishing his fatwa, al-QaradÌ£aÌ„wiÌ„ based the argument on the opinion of the islamic scholars in accordance to the basic values of fiqh principles. Therefore, his fatwa can be an actual solution for minority Muslim communities in Western countries. Thus, Islamic legal maxims (al-qawaÌ„id al-fiqhiyyah) play a role in controlling and systematizing the laws around fiqh al-‘aqalliyÄt so that it always leads to convenience and avoids difficulties.]]>
<![CDATA[Hukuman Mati Bagi Koruptor Pada Saat Keadaan Tertentu (Pandemi COVID-19) Perspektif Hukum Nasional dan Hukum Islam ]]>
<![CDATA[Dahyul Daipon]]>
<![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.v15i1.4579
<![CDATA[The current condition of the Covid-19 pandemic is a time where almost everyone feels social and economic difficulties. Communities whose regions apply restrictions/quarantines are highly dependent on assistance from the government. This paper is a study and analysis of one question how the death penalty can be applied to perpetrators of corruption during the Covid-19 outbreak or pandemic. In the criminal law that applies in Indonesia, the death penalty for perpetrators of criminal acts of corruption is contained in Article 2 paragraph 2 of Law no. 31 of 1999 concerning the Eradication of Corruption Crimes. Meanwhile, in Islamic law, corruption is categorized as jarimah ta'zir. The results of this study conclude that during a pandemic, the death penalty can be applied to corruptors in accordance with the provisions of Article 2 of the Anti-Corruption Law and the provisions of Islamic criminal law as jarimah ta'zir. There are fundamental differences in the application of the death penalty for corruptors according to positive law and Islamic criminal law, especially with regard to the conditions required for the imposition of the death penalty. Even though this seems cruel according to human rights supporters, this needs to be a concern for all law enforcers so that they can carry out strict law enforcement against perpetrators of corruption crimes during the pandemic.]]>
<![CDATA[Pariwisata Halal: Studi Komparatif Hotel Syariah di Yogyakarta dan Bali ]]>
<![CDATA[Abd. Halim]]>;
<![CDATA[Nurdhin Baroroh]]>
<![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.v15i1.4602
<![CDATA[In recent years, the hotel business has become a leading sector in the development of the halal industry. This makes hoteliers compete to provide excellent service for Muslim tourists. This phenomenon received a positive response from the government with the issuance of the Minister of Tourism and Creative Economy Regulation No. 2 of 2014 concerning guidelines for the implementation of a sharia hotel business. This paper attempts to describe the response of hoteliers in Yogyakarta and Bali to ministerial regulation. The results of this study conclude that hoteliers in Yogyakarta respond to these regulations by choosing the concept of a sharia hotel, namely hotel management in accordance with the provisions of Islamic law; while hoteliers in Bali choose the concept of a Muslim-friendly hotel, namely a hotel with Islamic characteristics that is able to provide basic facilities that are more friendly to Muslim customers.]]>
<![CDATA[Urgensi Fatwa DSN-MUI Mengenai Manajemen Risiko Pembiayaan Berbasis Syariah ]]>
<![CDATA[Tri Hidayati]]>;
<![CDATA[Muhammad Syarif Hidayatullah]]>
<![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.v15i2.4641
<![CDATA[Risk management at Islamic financial institutions is still implementing bank Indonesia (BI) and Financial Services Authority (OJK) policies which previously applied the same to conventional financial institutions. The perfection of the enforcement of sharia principles in sharia financing institutions is not enough only in the aspect of transactional mechanisms, it needs to be supported by a sharia-based risk management system. The focus of this research includes the characteristics of Islamic financing, juridical aspects in the principle of prudence, and an overview of the maslahah of the urgency of sharia-based risk management. This research is normative legal research using a statutory approach and a benefits approach with a qualitative descriptive analysis. The results of the discussion show that a dynamic system also needs to be supported by juridical aspects to provide the legal force with the realization of regulatory solidity. At this regulatory level, in addition to the regulations issued by the OJK, the DSN-MUI fatwa is also very necessary and has a very urgent position. Because financing risk management is also part of the sharia economy that must maintain sharia principles, lest the application of sharia principles only exists in product technicalities, but does not apply to technical risk management. The expected sharia is the application of total sharia principles (kaffah), not partial ones.]]>
<![CDATA[Diskursus Hukum Islam dalam Konteks Keindonesiaan: Memahami Kembali Nilai-Nilai Substantif Agama ]]>
<![CDATA[M. Ikhwan]]>;
<![CDATA[Anton Jamal]]>
<![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.v15i1.4689
<![CDATA[This paper explain the discourse of Islamic law in the Indonesian context in order to understand the substantive values of religion in national life. The development of the times raises the complexity of problems in life, including the presence of Islamic law in the nation-state, this of course requires a comprehensive discourse in order to answer each of these problems. This paper uses a qualitative research method with a narrative approach by referring to secondary sources so that it can be concluded. First, the formulation of Islamic law in Indonesia needs to be considered in terms of prioritizing the application of the noble values of religion itself (substantive). Second, the role of religion is very large in public life, hence the exclusion of religion from the private sphere or vice versa (placing religious law into the public sphere) needs to be viewed from various aspects. Third, the formalization of Islamic law in several perspectives of the Indonesian legal system is relatively difficult to materialize because of historical, ideological, sociological, political, juridical, religious and cultural considerations, both at the national and international levels.]]>
<![CDATA[The Paradigm of Progressive Judge’s Decision and Its Contribution to Islamic Legal Reform in Indonesia ]]>
<![CDATA[Suad Fikriawan]]>;
<![CDATA[Syamsul Anwar]]>;
<![CDATA[Misnen Ardiansyah]]>
<![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.v15i2.4730
<![CDATA[All this time, both in academic discourse and the reality of legal practice in the field tend to show a lack of attention to the rule of judges as an instrument of legal reform. Generally, the law is regarded as the main instrument of legal reform. Therefore, instilling an understanding of the law enforcement officers, especially the judges through their decision, is a very urgent thing to do. The main issue to be discussed in this paper is: How is the contribution of the Judge's decision to legal reform in Indonesia? This study used the perspective of the School of Sociological Jurisprudence, mainly the philosophical mind of Roscoe Pound. The results of this study show that the effort to make a judge's decision as a means of legal reform is a necessity. This can be realized through a progressive legal paradigm. The presence of a progressive legal paradigm is very important in order to give birth to a progressive type of judge who has a legal decision that qualifies maturity of law. The product of a progressive judge's decision is expected to become a jurisprudence that can be used as a reference in solving the next case so that judges will be able to make the law, not merely as a tool of social control as well as a tool of social engineering. These conceptions of legal function are essentially about to reveal that the nature of the law is dynamic rather than static. The legal philosophy of the sociological jurisprudence school offers a holistic understanding and a holistic view of the law, that is, the law applied must pay attention to the values, the living law, and the local wisdom of society. This holistic understanding of the law will ultimately be able to unify the law and society as its sociological basis.]]>
<![CDATA[Renewing the Thoughts of the Hijri Calendar of Muhammadiyah, Nahdlatul Ulama and Persatuan Islam and Its Implications for Realization of National Hijri Calendar ]]>
<![CDATA[Marwadi Marwadi]]>
<![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.v15i1.4870
<![CDATA[This paper discusses the issue of renewing the thought of Hijri calendar by Muhammadiyah, Nahdlatul Ulama (NU) and Persatuan Islam and its implications for the existence of a national Hijri calendar. The focus of this paper is to highlight changes in methods and criteria, reference algorithms and the scope of the calendar application area. The main problem in this paper is how Muhammadiyah, NU and Persatuan Islam reform the Hijri calendar thoughts and what are the implications for the realization of the national Hijri calendar. The results of this study indicate that both Muhammadiyah, NU, and Persatuan Islam have updated the Hijri calendar's thought, both in the aspects of methods and criteria, algorithm references and the scope of the calendar application area, which leads to the conformity of the calendar concept that is normatively and scientifically appropriate. The renewal of thought is caused mass organizations face problems with the methods and criteria for determining the beginning of the month in the Hijri calendar. The renewal of thought also influenced by advances in science and technology. However, because this renewal has not been supported by the similar epistemology of determining the beginning of the month and the identity politics of mass organizations, the opportunity to realize a national Hijri calendar is still very unlikely.]]>
<![CDATA[Keadilan Waris Islam dalam Kedudukan Anak Perempuan sebagai Hajib Hirman terhadap Saudara dalam Putusan Mahkamah Agung ]]>
<![CDATA[Kamarusdiana Kamarusdiana]]>;
<![CDATA[Muhammad Ilham Fuadi]]>;
<![CDATA[Muhammad Ishar Helmi]]>
<![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.v15i2.4960
<![CDATA[The inheritance of Islam becomes an interesting discussion when it is associated with the position of the heirs of men and women. Including the discussion of girls can or does not become a barrier (blocker) to other heirs become a barrier to obtaining inheritance or termed with Hajib Hirman. The purpose of this study is to find out the concept of fiqh in determining the position of girls to be a barrier to inheritance for brothers and their implementation in the decision of religious courts so that it can be read considerations and decisions of judges whether based on a sense of justice so as to equalize the position of male and female heirs. The method used in this study is library research with primary materials in the form of court decisions on inheritance cases and relevant fiqh books. The results of this study found that Ibn 'Abbas equated the position of the daughter's inheritance with that of the son so as to prevent the heir brother from obtaining the inheritance and the concept of Ibn Abbas which became the reference of judges in the Court of Religion and the Supreme Court in deciding the case based on the principle of justice.]]>
