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Al-Manahij : Jurnal Kajian Hukum Islam
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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Menakar Ulang Diskursus Menstruasi: Kajian atas Aturan Puasa bagi Perempuan Haid dalam Fikih sebagai Upaya Menghapus Stereotype dan Menstrual Taboo Wardah Nuroniyah
Al-Manahij: Jurnal Kajian Hukum Islam Vol 16 No 1 (2022)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (440.191 KB) | DOI: 10.24090/mnh.v16i1.6317

Abstract

The issue of menstruation has attracted a lot of attention from fiqh scholars to discuss it, because the scholars have tried to eradicate and abolish the myths surrounding menstruation that have existed for a long time. But if we want to take a closer look at the stipulations, more or less there are still stereotypes in treating menstruating women, although there are still debates in it. The explanation in fiqh still causes ambiguity in the argument why menstruating women are prohibited from fasting, is there still a misogynistic assumption about menstruation in fiqh, so that menstruating women are not allowed to fast? From this point of view, it is necessary to re-examine why menstruating women are prohibited from fasting, because the scholars of fiqh do not provide sufficient studies on various implications arising from the existence of the menstrual cycle, except for a global explanation of all the prohibitions that must be avoided for women menstruating. In the book of fiqh it is explained that fasting is forbidden for menstruating women because fasting is pure worship. This study concludes that by looking at the physical conditions experienced by menstruating women in general, the prohibition of menstruating women from fasting can be understood as people who are sick who get relief to break their fast for the benefit of and maintain their health. So the prohibition of a menstruating woman from fasting is a relief (rukhsah) from God to maintain the stability of her body, and it does not mean a prohibition, considering that the condition of a menstruating woman's body is not the same.
Implementasi Islam Progresif pada Permendikbud Ristek No. 30 Tahun 2021 dalam Kajian Filsafat Hukum Islam Busyro Busyro; Hanif Aidhil Alwana; Arsal Arsal; Shafra Shafra; Gusril Basir
Al-Manahij: Jurnal Kajian Hukum Islam Vol 16 No 1 (2022)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (364.428 KB) | DOI: 10.24090/mnh.v16i1.6321

Abstract

Regulation issued by the Ministry of Research, Technology and Higher Education Number 30 of 2021 about prevention and handling of sexual violence in campus has raised pros and cons among Indonesian Muslims because several articles allegedly provide sexual freedom on campus with an editorial “except with the victim consent”. The editorial seems to strongly prioritize one of the principles of Progressive Islam activists; on the other hand, there are philosophical values of the Islamic law that are not realized, especially in protecting dignity and heredity (hifz al-nasb). This study aims to reveal the implementation of progressive Islam in the regulation, and then the realization of progressive Islam will also be seen from the philosophical point of view of Islamic law. This research is qualitative by using data from library research. The results of the study indicate that the Ministerial Regulation has implemented one of the progressive Islamic concepts by prioritizing international human rights as the rationale, and the implementation of progressive Islam that relies on international human rights is not in line with the philosophy of Islamic law which highly upholds the protection of dignity and heredity (hifz al-nasb) from the side of maslahah al-hajiya. Therefore, the editorial must be changed, in order to achieve the benefit of the world and the hereafter for Indonesian Muslims.
Rights Protection Guarantee for the Partners of Indonesian Gojek Company according to Labour Laws no 13 of 2033 and Maqasid Abdullah Muhammad Yahya; Moh Abdul Kholiq Hasan; Andri Nirwana AN
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 16 No. 1 (2022)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (656.133 KB) | DOI: 10.24090/mnh.v16i1.6382

Abstract

Gojek is one of the largest electronic application companies that provides transportation and delivery services and has many driver-partners. In 2020, the number of business partners will reach two million partners. The research focuses on social conflicts, bad consumer attitudes, and punishments accompanied by dropping out of work against them. This study aims to analyze the guarantee of the protection of the rights of Gojek Indonesia's partners in the review of the Manpower Act No. 13 of 2003 and in terms of maqashid . This is a descriptive analysis research with content analysis method through the theory of the Manpower Act and sharia maqashid, then analysis through scientific data sourced from valid scientific books and journals. The findings of this study are in the form of an agreement between the driver-partners and the Gojek company, including a partnership agreement, there is not a work agreement. On this matter, the Manpower Law No. 13 of 2003 cannot be applied to driver-partners, therefore they are not entitled to claim the rights of the protection guarantees contained in the agreement. in the Manpower Act. As for Gojek's company policy, according to Ibn Ashur's maqashid sharia analysis, some disagree with the maqshad of freedom, the principle of equality and not by maqshad, eliminating every agreement that contains elements of slavery. In terms of the rights of the driver partners, it is by the maqshad of the maslahah principle and the fulfillment of rights to the experts, and the maqshad of providing work support facilities, as well as the maqshad of hastening the provision of wages. And in terms of partner facility services, everything is in line with the maqashid sharia principle.
Application of the Legal Maxim of Al-Ashl fi Al-Ibdha ‘al-Tahrim to the Phenomena of Homosexuality Syarifudin Syarifudin
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 16 No. 1 (2022)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (381.664 KB) | DOI: 10.24090/mnh.v16i1.6424

Abstract

This research examines the phenomenon of homosexuality that is currently developing in the Western world and has even entered Indonesia. Many homosexual associations and organizations established in Europe and America, even in Indonesia are known as LGBT (Lesbian, Gay, Bisexual, and Transgender). Yet homosexuality is an extraordinary moral crime and a sign of moral degradation. The application of the principles of fiqh “Al-Ashl fi Al-Ibdha’ al-Tahrim” (the original law on sex is haram) in responding to the homosexual phenomenon through the approach of maqasid syari’ah, then homosexuality is haram because it destroys religion, the human soul, reason, descent, and also destroy honor. The original law of jurisprudence on the issue of sex is haram, responding to the homosexual phenomenon that is against the teachings of Islam which requires marriage to the opposite sex. Of course homosexual offenders or even more broadly, LGBT (Lesbian, Gay, Bisexual, and Transgender) are always looking for justifications and arguments that justify these acts, even on human rights grounds. Even though this is very contrary to his nature as a human being.
The Dichotomy Between Tabarru’ and Mu’âwaḍah Contracts: Perspective of Indonesian Law of Obligation Jamal Abdul Aziz; Uus Uswatusolihah
Al-Manahij: Jurnal Kajian Hukum Islam Vol 16 No 1 (2022)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (457.745 KB) | DOI: 10.24090/mnh.v16i1.6426

Abstract

Among many divisions of contract (‘aqd) in mu’âmalah shar’iyyah, the dichotomy between tabarru’ and mu’âwaḍah contracts is the most influential paradigm in getting to know the jungle of classical and contemporary mu’âmalah contracts. Tabarru’ contract (tabarru’ât) means contracts of virtue as if it should be free from material self-interest or any other profane benefit. Meanwhile, mu’âwaḍah contract (mu’âwaḍât) means business contracts as if it is laden with material calculation and other various forms of self-interest. The dichotomic paradigm of these contracts is quite urgent that it is often made the ground to determine whether or not some material benefit obtained from certain contracts is allowed. It is interesting to observe, that the Indonesian law of obligation which is originating from a Dutch colonial legacy actually also acknowledges such a contract. It is, however, not as strict as its divisions in Islamic fiqh.
The Zakat Management Legal Conflict of the Prismatic Society in Central Kalimantan Syaikhu Syaikhu; Norwili Norwili; Rabiatul Adawiyah
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 16 No. 2 (2022)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/mnh.v16i2.6014

Abstract

The Government established the National Amil Zakat Agency to manage zakat, but the prismatic society tends to be traditionalists in Kapuas Regency are reluctant to pay zakat through it. The study aims to determine the legal conflict in the zakat management of the prismatic society and to find out the causes of the prismatic society's reluctance to pay zakat through the zakat institution. It is descriptive qualitative with an empirical and legislative approach. The results indicate that the legal conflict between the law of zakat management and the prismatic law that applies in society makes the rules overlap and the zakat management for public interests became less optimal. Meanwhile, the causes of why they are reluctant to pay zakat through BAZNAS are the feeling better to give zakat directly to mustahiq, the lack of public understanding of the zakat management benefits by the institution, and the lack of public trust in the institution. There is a need for adjustments to zakat management regulations and providing comprehension that the society and zakat managers must have the awareness to optimize zakat, which is useful for the development of the country and Muslims.
The Legality of Divorce in Aceh: A Study of Divorce Practices Out of Religious Courts Azwir Azwir; Pagar Pagar; Muhammad Syukri Albani Nasution
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 16 No. 2 (2022)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/mnh.v16i2.6389

Abstract

Divorce for the people of Aceh is inseparable from Islamic law, the power of Islamic law dominates in every legal decision related to religion. Islamic law for the people of Aceh is understood as fiqh produced by the ulama (Muslim scholars). Likewise with divorce, when there are legal differences, Islamic law becomes the main priority in resolving these differences. This study aims to analyze the legality of divorce for the people of Aceh between Islamic law and state law. In addition, this paper will also analyze the legal trends used by the Acehnese people in divorce cases. This paper is empirical legal research with a statute approach and the sociology of law, the primary data source interviews, this research also examines essential writings related to divorce. The results show that the legality of divorce for the majority of the people of Aceh is what is specified in the Syafi'i school of jurisprudence, state law will be used if needed for administrative needs, but people who are aware of the legality of state law, will use the judiciary in divorce cases to guarantee post-divorce rights.
The Effectiveness of Aceh's Jinayat Qanun on Crime Rates in the Community in a Review of Legal Socialization Muzakkir
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 16 No. 2 (2022)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/mnh.v16i2.6643

Abstract

Qanun Jinayat Aceh reflects Aceh's condition after being recognized as an area that is allowed to implement Islamic law. Even though it is legal, the next problem is how to actualize it so that it is not only a juridical struggle. The challenge in implementing the qanun jinayat by the Aceh government is how to be objective, not sharp down and blunt up. The next challenge is how the community is aware of the law with various legal socializations carried out by the Aceh Islamic Shari'a Service. This research is classified as field research with a qualitative approach. The methodology used is a juridical-empirical study. This means how the law's legality is associated with events and phenomena in the field. The primary sources in this study were informants at the Syariat Islam service in Aceh Tamiang and Langsa City, lecturers in the field of Islamic Criminal Law (HPI) at IAIN Langsa, MPU Aceh Tamiang and MPU Langsa City, and communities around Aceh Tamiang and Langsa cities. The results of the study conclude that the Qanun Jinayat has not been effective in suppressing the crime rate in Aceh. The causes are, first, because legal socialization is not right on target and only touches some levels of society. Second, many people still choose to settle jinayat cases through customary law with light sanctions, which does not have a deterrent effect.
Interfaith Marriage in Perspectives of Classical and Modern Scholars Asy'ari Asy'ari; Triansyah Fisa
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 16 No. 2 (2022)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/mnh.v16i2.6772

Abstract

Interfaith marriage has been a polemic in Islam since the Quran and hadith do not clearly explain the marriage that is allowed to ahl al-kitab and how to distinguish between Ahl al-Kitab and polytheistic. Also, it differs infidel, polytheistic, Ahl al-Kitab, Majusi, Sabi’i and others. The debate over this term among scholars continues until they agree to categorize those people into Ahl al-Kitab, polytheistic, majusi and others. This research uses a qualitative method with a normative approach in which the researchers use books, journals and other scientific manuscripts as the main resources. In addition, the researchers did a survey and found several things: First, the paradigm differences of scholars regarding interfaith marriage are based on differences understanding in Quran and hadith, socio-cultural influences and methods used. Secondly, the clerics agreed to forbid a Muslim to marry a disbeliever and polytheistic, but allowed to marry women Ahl al-Kitab. Third, Scholars differ in classifying ahl al-kitab women infidel, polytheistic, ṣabi’i and Ahl al-Kitab.
Economic and Legal Dimensions of Collateral Existence in Modern Mudhârabah Contracts: Understanding the Relationship between Risk Management, National Law, and Contemporary Fiqh Muhammad Syarif Hidayatullah; Rahmat Fadillah
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 16 No. 2 (2022)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/mnh.v16i2.6860

Abstract

This paper examines the economic and legal dimensions of the existence and application of collateral in modern mudhârabah contracts. Through this multi-perspective study, this paper sought to see the relationship between risk management, national law, and contemporary fiqh in discussing the existence and application of the collateral. This paper was included in the library research design and specifically in legal research methodology, applying normative legal research types with a conceptual and statutory approach. Furthermore, this research found a relationship between risk management, national law, and contemporary fiqh in viewing the existence of collateral applied to modern mudhârabah contracts in Sharia banking through its financing products. Based on the perspective of risk management, its existence was a risk control for non-performing financing. Then, in the perspective of national law, it manifested the prudential principle mandated by the sharia banking law. Meanwhile, in the perspective of contemporary fiqh, it can be seen as an effort to avoid the harm that was in line with the sadd adz-dzari'ah principle. This relationship was realized by looking at the existence of collateral in modern mudhârabah contracts as a preventive instrument.   

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