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.
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378 Documents
<![CDATA[Praktik Gadai Pohulo’o di Gorontalo dalam Perspektif Hukum Islam ]]>
<![CDATA[Rulyjanto Podungge]]>
<![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.v15i2.5036
<![CDATA[Muslim communities believe that compliance with the law is not only in the field of worship but also in the field of muamalah. Therefore, people want what they practice to be legal and in accordance with Islamic teachings. One of the problems whose legal status continues to be questioned is the issue of pawning which is carried out under customary law. There have been many explanations regarding this problem by religious leaders, but their answers have not been able to satisfy the community. The answers available so far tend to conclude that the practice is not allowed, the law is haram. It is undeniable that the explanation of this in fiqh books is indeed the case because the collateral in the pawn cannot be used by the pawnee, who in this case is a creditor. A creditor may not take advantage of the pledged goods for reasons of riba (usury). However, the practice of pawning, which is carried out according to custom, has become a tradition in the community and is carried out with the pleasure of the pawnbroker and pawnee, and this tradition has become a means to get out of trouble to cover one's life. This article explains the problem of the pawn tradition in Muslim society through a sociological approach in addition to the usuliyah syar'iyah approach]]>
<![CDATA[Perbedaan Manhaj Ulama dalam Fikih Perempuan Kontemporer dan Realitasnya di Indonesia ]]>
<![CDATA[Mayyadah Mayyadah]]>
<![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.v15i2.5066
<![CDATA[Kompleksnya permasalahan dan realitas perempuan di era modern menuntut para ulama untuk menetapkan solusi hukum yang aktual dan realistis. Tulisan ini berangkat dari kenyataan bahwa produk fikih perempuan juga dipengaruhi oleh karakteristik manhaj dan metode ulama dalam menetapkan hukumnya. Melalui kajian studi literatur (riset kepustakaan) dan pendekatan Fikih-Usul Fikih, tulisan ini menemukan bahwa ada tiga karakter metodologi atau manhaj ulama dalam fikih perempuan yaitu al-tasyaddud atau al-iftirati al-tafrit wa al-tahallul, serta al-wast wa al-i'tidal. Adapun dalam menetapkan hukum fikih perempuan kontemporer, para ulama menempuh metode melalui analisis komprehensif terhadap nas-nas hukum, atensi terhadap maqasid al-syari'ah, pertimbangan realitas sosial, dan pertimbangan terhadap perbedaan psikologis dan sosial perempuan. Di Indonesia, realitas aktivitas perempuan telah merambah ke dunia politik praktis sehingga menghasilkan respon pemikiran fikih yang beragam. Di sini terlihat bahwa problematika fikih perempuan kontemporer tidak sepi dari perbedaan pendapat ulama.]]>
<![CDATA[Kesepakatan Menunda Kehamilan Bagi Pasangan Muda Perspektif Hukum Islam: Upaya Menekan Pernikahan Dini di Masa Pandemi ]]>
<![CDATA[Anton Jamal]]>;
<![CDATA[M. Ikhwan]]>
<![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.v15i2.5138
<![CDATA[This research is an attempt to look deeper into why delaying early marriage is appropriate during the COVID-19 pandemic based on the view of Islamic law and the human rights approach. The phenomenon of early marriage during the pandemic had appeared and even jumped based on the data collected. This phenomenon encourages conditions of vulnerability (fiqh: mudharat) which will have an impact on the emergence of new problems and even conflicts for young people, especially if they already have children, given the pandemic conditions that often threaten the household economy. This study departs from the question of why Islamic law and human rights must play a role in reducing the number of early marriages during the pandemic based on the assumption of household vulnerability? How is the phenomenon of early marriage during the pandemic seen from the point of view of human rights and maqasid? This research is analytical descriptive with qualitative methods, and data collection is carried out by literature study on secondary materials to observe the phenomenon of early post-marriage during the pandemic. The results show that the function of Islamic law and human rights can be an important instrument to suppress the surge in early marriage, which will save young households from the vulnerability of household conflicts based on observations made during the covid pandemic.]]>
<![CDATA[MUI Legal Fatwa on Vaccine Halalness in COVID-19 Vaccination Socialization in Medan City, Indonesia ]]>
<![CDATA[Nispul Khoiri]]>;
<![CDATA[Adelina Nasution]]>
<![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.v16i1.5146
<![CDATA[One of the Government's strategic policies in suppressing and stopping the transmission of COVID-19 is to take the vaccination movement seriously. Even though the vaccination program has a positive aim, while people have doubt and even refuse to use vaccines because they are considered illegal and dangerous. Responding to this friction, this is where the importance of the MUI fatwa in socializing that vaccination is very urgent and allowed to be carried out. There is no serious objection to vaccination in Medan City; even most Medan Muslims claim that the MUI fatwa brings benefits. This article belongs to field research with a qualitative approach. The methodology used is an interpretive study of the sociology of law by conducting interviews and reviewing documents related to the MUI fatwa on COVID-19 vaccination. The result concluded that; the MUI fatwa in Medan City has been well received by the community and is considered necessary. Second, the effectiveness of the halal Sinovac vaccine has been tested and is of good quality and is allowed to use. There is no severe objection regarding vaccination in Medan City; even most Medan Muslims claim that the MUI fatwa brings benefits.]]>
<![CDATA[Islam, Fatwa dan Negara: Meretas Pluralisme Hukum Perceraian di Aceh ]]>
<![CDATA[Muhazir Muhazir]]>
<![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.v15i2.5150
<![CDATA[The pluralism of divorce in Aceh has had an impact on the current practice of divorce. Fatwa, Jurisprudence, and the State also color the pluralism of divorce law, each of which has a normative and sociological power base. The Aceh MPU's fatwa tends to legitimize divorce regulated in fiqh books while the State has a different view of divorce law. This paper is a doctrinal study with a legal pluralism approach. This article argues that in substance there is a significant difference between the divorce provisions in the fatwa, fiqh, and state law. Fatwa and fiqh share the same view that divorce without witnesses and taking place outside the court is still valid, as well as triple talaq, whether pronounced cumulatively or separately, is still subject to triple talaq, this provision is different from divorce law which is regulated by the state and practiced in religious courts.]]>
<![CDATA[Jaminan Fidusia dalam Pembiayaan Murabahah: antara Jual Beli dan Hutang Piutang ]]>
<![CDATA[Nur Hidayah]]>;
<![CDATA[Moch. Bukhori Muslim]]>;
<![CDATA[Abdul AA Azis]]>
<![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.v15i2.5243
<![CDATA[The issue of shifting from sale and purchase transactions to service transactions due to the binding of collateral with a mortgage or fiduciary rights can become a transaction that is null and void. Solving legal issues related to how the concept of binding collateral needs to be seen in an ontological and philosophical scope. The binding of collateral on murabahah financing should be based on the existence of customer obligations for purchases that have not been paid off based on the Sharia Banking Law. The binding of collateral on murabahah transactions can also be carried out with mortgage rights or fiduciary guarantees based on the existence of customer obligations for purchases that have not been paid off as guided by the Mortgage Law and the Fiduciary Guarantee Law which has accommodated the binding of collateral by basing other main agreements other than the main agreement due to accounts payable.]]>
<![CDATA[Meninjau Ulang Iwadl Khuluk Perspektif Keadilan Gender ]]>
<![CDATA[Ahmad Rezy Meidina]]>
<![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.v16i1.6027
<![CDATA[This article examines iwadl khuluk in the perspective of gender justice. Iwadl in fiqh perspective, property that women return to men in order to get their rights because men have paid dowry as a legal consequence of the marriage contract. Whereas in possitive law, the concept of iwadl changed to taqnin, iwadl khuluk which was originally given to men, became or given to the Court based on the regulation of the Minister of Religious Affairs of the Republic of Indonesia Number 411 of 2000 concerning the Determination of iwadl amounting to Rp. 10,000, -. The court judged that the specific costs contained gender justice or called responsive gender. This article abstracts the concept of justice in the cost that women give to men using five gender manifestations: stereotype, double burden, marginalization, discrimination and violence.]]>
<![CDATA[Penentuan Arah Kiblat dengan Posisi Matahari di Pusat Ibu Kota Kabupaten Lampung ]]>
<![CDATA[A Jamil]]>;
<![CDATA[Sakirman Sakirman]]>;
<![CDATA[Moelki Fahmi Ardliansyah]]>
<![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.v16i1.6169
<![CDATA[Facing the Qibla is one part of the requirements for prayer that must be sought. But in fact, there are still many mosques and places of worship for Muslims that do not face the Qibla. This paper examines the method of determining the direction of the center of the district capital city in Lampung by utilizing the shadows of the sun reflected by an object. The use of sunlight in determining the Qibla direction with this model is known as raṣd al-qiblah. The center of the capital city of Lampung district which is used as a sample for determining the direction of the Qibla is expected to all districts have the same calculation results can refer to the center of the district capital. So that the schedule for the implementation of raṣd al-qiblah in the district capital center in Lampung can be used by the districts within it. This type of research is a field research using a descriptive- analytical model that describes the determination of the Qibla direction with the position of the sun as the main benchmark. The use of tools in determining the Qibla direction is also used as a verification medium. Raṣd al-qiblah time is the transit time of the sun over the Ka’bah which is generally applicable to the coordinates of the district capitals in all sub-districts provided that the raṣd al-qiblah time interval is not outside the Qiblah azimuth path or not more than the tolerance threshold value. The results of a study of the three district capital centers in Lampung show that the timing of the implementation of raṣd al-qiblah for the districts that cover the three district capital centers has a time difference, although not significant.]]>
<![CDATA[Komparasi Fatwa Ulama Indonesia dalam Menyikapi Pandemi Coronavirus Disease 2019 (COVID-19) ]]>
<![CDATA[Musda Asmara]]>
<![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.v16i1.6192
<![CDATA[The COVID-19 pandemic has not ended yet; in fact it mutated and gave rise to a new variant which was later known as omicron. COVID-19 has threatened various sectors of life including religious life; religious rituals during the pandemic are limited and must follow health protocols to avoid the spread of the virus. Religious authorities play an important role in responding to this situation, including in issuing fatwas regarding guidelines for the implementation of worship during the COVID-19 period. Therefore, this article discusses the guidelines for the implementation of worship issued by these religious authorities. The focus of this article is to compare the fatwas of religious authorities regarding guidelines for the implementation of worship during the COVID-19 period; the fatwas referred to here are limited to the fatwas of the Indonesian Ulema Council (MUI), the fatwas of the Majlis Tarjih Muhammadiyah, and the fatwas of Lajnah Bahsul Masail Nahdlatul Ulama. This research is a library research with a comparative descriptive approach. The results of the study show that the fatwas related to the guidelines for the implementation of worship during the pandemic issued by the three religious authorities synergize, cooperate with and support each other in dealing with the COVID-19 pandemic. Unlike MUI and Nahdlatul Ulama, Muhammadiyah responded with concrete actions, namely establishing the Muhammadiyah COVID-19 Command Center (MCCC) with the main task of coordinating various programs in the context of dealing with the COVID-19 pandemic.]]>
<![CDATA[Kehalalan Vaksinasi Perspektif Politik Hukum ]]>
<![CDATA[Muhammad Shohibul Itmam]]>
<![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.v16i1.6301
<![CDATA[The vaccination program to prevent the spread of COVID-19 and has been declared halal clinically and medically, reinforced by the MUI certificate. However, the vaccination program has not been able to calm the public considering the plurality of legal awareness in Indonesia so that it has drawn controversy that cannot be separated from political elements, interests of the government and stakeholders. This paper that halalness of the vaccination from the perspective of legal politics, approach normative, sociological and phenomenological legal. The findings that the legality of the COVID-19 vaccination is politically influenced by global and humanitarian conditions with the consideration that COVID-19 is a global virus that involves all humanitarian interests, not only Indonesian muslims. So that politically, the law of halal vaccination is a strategic political policy that is appropriate for the current government according to the conditions of Indonesia as a pancasila democracy country, not a religious state and not a secular state but state based on pancasila. The halal vaccination by the government, strengthened by the MUI, is an accommodative political with the national interest, national and religious aspects with spirit of democracy and legal plurality in Indonesia.]]>
