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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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Contextualization of Mustaḥiq Zakat at LAZNAS Nurul Hayat Surabaya Muhammad Ufuqul Mubin; Achmad Siddiq
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.v16i2.6915

Abstract

This paper discusses the contextualization of mustahiq zakat seen from the changes in its meanings which have expanded to riqâb, ghârim, sabîlillâh and ibn al-sabîl, while other meaning of mustaḥiq is relatively static such as faqîr, miskîn, 'âmil, mu' allaf. Practically, the concept of mustahiq zakat is contextualized by various zakat managers, one of which is Laznas (National Amil Zakat Institute) Nurul Hayat Surabaya. Mustaḥiq zakat which refers to the poor and âmil is contextualized according to the general meaning in classical and contemporary fiqh. While the mustahiq zakat of mu'allaf is contextualized to be limited to people who have converted to Islam, while the concept of mu'allaf in fiqh includes people who have not converted to Islam but have social potential and strength. The mustahiq zakat of riqâb, ghârim, sabîlillâh and ibn as-sabîl are contextualized widely beyond the meaning in fiqh generally. The contextualization of mustahiq zakat by Laznas Nurul Hayat shows that the benefit of humans (maṣâliḥ al-'ibâd) is the main consideration in zakat management, in addition to the contextualization of mustaḥiq zakat is proof that changes in situations, conditions, environment and socio-culture influence the changes in Islamic law. The conclusion in this paper uses the theory of change in Islamic law and uses a normative approach which aim to reveal the truth values ​​in the practice of zakat in society which can be actualized in the future.
Gender Equality in Islamic Inheritance Law: Rereading Muhammad Shahrur’s Thought Ridwan
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.v16i2.6916

Abstract

This article shows that the spirit of Islamic inheritance law is justice focusing on the sociological and gender roles of a man and woman in the accumulation of property on their gender role. The difference in the portion of legacy is not determined by sex. Shahrur’s gender responsive-reading of inheritance law text cannot be separated from its historical root and is always discussed with the current social context. Legacy distribution is based on female heirs’ position, while men’s portion adapts to the existence of female heirs, besides the kinship factor. Shahrur’s idea with the theory of hudud is offered to be an alternative model of Indonesian inheritance law reform.
Reinventing the Human Dignity in Islamic Law Discourse: The Wasatiyah Approaches from Khaled Abou El-Fadl to the Interreligious Relation Wildani Hefni; Rizqa Ahmadi; Imam Mustofa
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.v16i2.6928

Abstract

Violence in the name of religion has never completely disappeared from discourse on religious life. Surprisingly, Islamic law is used as the basis for committing acts of violence damaging interreligious relations. There is a gap between the goals of Islamic law and practice in society. This article aims to unpack the wasatiyah approach provided by Khaled Abou El-Fadl in Islamic law discourses. This research is a qualitative method using library research, which obtains information from books, articles, and journals. This research concludes that El-Fadl provides an essential concept known in contemporary Islamic law as al-wasatiyah by integrating various scientific disciplines to strengthen human dignity. El-Fadl offers a moderate-humanist approach as a system that is considered more holistic and comprehensive in Islamic law, especially in constructing texts, understanding the context, and optimizing legal reasoning based on maqasid al-shariah through independent reasoning. This article shows that El-Fadl allows greetings to non-Muslims, greetings of Christmas to non-Muslims, interacts with non-Muslims, and elects non-muslim leaders. El-Fadl believes in strengthening the theological basis of pluralism, which requires tolerance as a pathway for creating a mutually productive life together.
The Contemporary Maqāṣid Sharia Perspective on Sexual Violence Provisions in the Indonesian Law Number 12 Year 2022 Muhammad Iqbal Juliansyahzen; Ocktoberrinsyah
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.v16i2.7018

Abstract

The problem of sexual violence is in the spotlight of various groups because it has a multidimensional impact. Various efforts have been made to guarantee and protect the rights of victims. One of these efforts is the presence of Law Number 12 of 2022 concerning the Crime of Sexual Violence. This study aims to analyze the substance of the law and its compatibility with Sharia principles. This type of research is qualitative with a juridical-philosophical approach with the Jasser Auda’s perspective on Maqāṣid Sharia. The content analysis (content-analysis) is used to examine the content of the law in depth and its suitability with the theory. This study concludes that the concept of sexual violence contained in Law 12 of 2022 is in accordance with Maqāṣid Sharia, mainly in six respects, namely ḥifẓ al-dīn (the preservation of religion), ḥifẓ al-nafs (the preservation of the soul), ḥifẓ al’aql (the preservation of mind), ḥifẓ al-nasl (the preservation of offspring), ḥifẓ al-māl (the preservation of property), and ḥifẓ al-‘irḍ (the preservation of honor). This is based on the basic principles of Maqāsid Sharia which emphasizes morality, openness, development, humanity, and human rights.
Rationalization of Islamic Legal Considerations in Marriage Dispensation: A Lesson from Katingan, Central Kalimantan Iswantoro Iswantoro; Faiq Tobroni
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.v16i2.7074

Abstract

This paper finds the importance of paying attention to the psychological readiness of children as consideration in granting a marriage dispensation. Katingan Regency Local Regulation Number 9 of 2018 requires applicants for marital dispensation to check their psychological health. This study investigates how such requirements help judges formulate rational legal considerations in handling applications for a marriage dispensation. This study uses qualitative methods and analysis of the intertextuality of legal texts. Kasongan Religious Court Decision Number 39/Pdt.P/2022/PA.Ksn has taken advantage of the implementation of this provision. The judge rejected the application for a marriage dispensation because the results of the hospital's assessment showed that the prospective bride and groom were not psychologically prepared. This decision ruled out the reasons for the applicants on the pretext of only avoiding adultery. The legal considerations refer to the essential objective of Islamic law: the best benefit (maslahat) for children.
Front Matter: Al-Manahij: Jurnal Kajian Hukum Islam Editor Al-Manahij
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

Abstract

Cover page; Editorial Team; Table of Contents
The Role of Marriage Guardian of the Same Clan in the Traditional Marriage of Batak Toba Muslims in Samosir Regency in the Perspective of Islamic Law Ramadhan Syahmedi Siregar; Muhammad Syakban; Muhammad Ikhlas bin Rosele
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 17 No. 1 (2023)
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.v17i1.6750

Abstract

A marriage guardian (wali) occupies a very important role in marrying the bride to the prospective groom. There is often a unique case found among the Batak Toba Muslims in Harian District, Samosir Regency in that the lineage of a marriage guardian is not clear (cannot be proven genetically). Thus, if a bride belongs to a Samosir clan, the leader of Samosir clan can be the marriage guardian for the bride as long as he is a Muslim. This study aims to see the implementation of traditional wedding ceremony in the Batak Toba Muslim community, to see some factors contributed to this phenomenon, and to see the role of a guardian in a traditional wedding ceremony of Batak Toba Muslim in the perspective of Islamic law. After analyzing the data, it was found that many cases of marriage involving guardian of the same clan but different lineage were triggered by little understanding of Islamic marriage. Therefore, the office of religious affairs is suggested to be more active in raising people’s awareness of the important roles of a marriage guardian. In addition, for people whose marriage guardian is not from the same lineage should register their marriage with a wali hakim as their marriage guardian.  
The Crucial History of Sharia Banking Law Development in Indonesia Ahmad Dahlan; Mawardi Mawardi; Shaifurrokhman Mahfudz
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 17 No. 1 (2023)
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.v17i1.7191

Abstract

This article aims to explain Sharia banking law development in Indonesia from various sources based on facts or documents found in literatures and interviews made with several informants involved in the process of formulating Sharia banking law development as well as all law and legislation aspects in Indonesia. Two well-known figures, Karnaen A. Perwaatmadja and M. Syafi'i Antonio, were involved in the process of formulating Sharia banking law development in 1990s, as well as Zuhrizal Zubir, Sharia Bank Supervisor from Bank Indonesia Jakarta, and Bank Indonesia Purwokerto, Central Java in 2002. The research results showed that Sharia banking law development in Indonesia historically had several stages. First, the formulation of Sharia banking law was full of political contents. Second, Sharia banking law was based on a dual banking system dominantly in market accommodation. Third, the independence of legalization of Sharia banking law did not increase Sharia banking market share.
Sharia E-Wallet: The Issue of Sharia Compliance and Data Protection Muhammad Khaeruddin Hamsin; Abdul Halim; Rizaldy Anggriawan; Hilda Lutfiani
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 17 No. 1 (2023)
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.v17i1.7633

Abstract

Sharia digital payments have lately emerged as one of the most significant innovations and breakthroughs in the field of Islamic economics in Indonesia. However, behind the positive side of the use of sharia e-wallets, there is one thing that all parties involved need to pay attention to, which if ignored can become a double-edged sword for its users, namely compliance, security, and personal data protection. The paper aims to investigate how the Indonesian government regulates data privacy for Islamic e-wallet users. It also investigates the potential risks and challenges of Islamic digital payments particularly in regard to data protection. Besides, it also investigates whether or not the sharia e-wallet has complied with the Fatwa of National Sharia Council (DSN-MUI). The study used normative research methods employing statutory, case, and conceptual approaches. This study reveals that the use of sharia e-wallets in Indonesia is essentially in compliance with Islamic principles as stated in the Fatwa of the National Sharia Council. As for the protection of personal data, in fact, this has been regulated in a comprehensive manner by the government and related state institutions such as Bank Indonesia and the Financial Services Authority. However, the government still has work that must be considered in regard to the compliance of sharia digital payment operators with established laws and regulations, where in the event of the operators violated the use of data privacy, thus they will face a severe sanctions stipulated by the prevailed rule.
Consequences for Counterfeiting and Distributing of Counterfeit Vaccines under Jināyah and Criminal Law: A Comparative Study Abdul Syatar; Achmad Abubakar; Ahmad Fauzan; Kurniati; Darhan Sutradi Hukpar
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 17 No. 1 (2023)
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.v17i1.7654

Abstract

The proliferation of counterfeit vaccinations was producing significant public health problems and was related with legal issues. This article compared the sanctions imposed by Islamic criminal law and national legislation on counterfeiters and distributors of fake vaccines. Several rules and regulations control the use and distribution of vaccinations in Indonesia. In accordance with Articles 196 and 197 of Law Number 36 of 2009 on Health, the criminal act of distributing counterfeit vaccines is punishable by a maximum prison sentence of ten years and a maximum fine of one billion in IDR. As opposed to Article 197, which stipulates a maximum punishment of 15 years in prison and a maximum fine of Rp. 1,500,000,000,000. counterfeiting and distributing counterfeit vaccines are considered serious crimes in both Islamic criminal law and Jināyah. The punishment for these crimes varies depending on the severity of the offense and the harm caused to society. In both systems of law, the punishment can range from fines and imprisonment to the death penalty. It is important to note that these punishments are intended to deter individuals from engaging in these crimes and protect public health and safety. It was believed that the government would increase legislation addressing the punishment of counterfeiters and drug dealers, who can harm the Indonesian national character.

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