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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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The Fiqh of Hisab-Ru’ya in the Twentieth Century Indonesia: Study on the Thoughts of Hamka, Hasbi Ash-Shiddieqy, and Moenawar Chalil about the Unification of Hijri Calendar Marwadi Marwadi; Rina Heriyanti; Farah Nuril Izza
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.v17i1.7902

Abstract

Fiqh discourses regarding differences in methods and criteria (hisab and ru’ya) for determining the beginning of the Hijri months are still being debated among Muslims in Indonesia. Until now, there is no Hijri calendar that applies globally. The existing Islamic calendar is a local or regional calendar. The absence of a unified Hijri calendar often causes confusion in setting dates in Muslim society, and this makes Muslim intellectuals continue to study it. The idea of creating a unified Hijri calendar in Indonesia was originally raised by Hamka, Muhammad Hasbi Ash-Shiddieqy, and Moenawar Chalil. This research explores how the Hijri calendar is unified according to their opinions. This study is a qualitative research with a socio-historical and hermeneutic approach. Data collection uses the documentation method with the content analysis model. The results of this study indicate that Hamka believes that there needs to be a unified result between the hisab and the ru’ya methods, so that the Hijri calendar, especially the beginning of Ramadan and Shawwal, can become a fixed date. Meanwhile, Hasbi offers the idea that to overcome the differences in the beginning of Ramadan and Shawwal one must use the ru’yat method with global matla’. Meanwhile, Moenawar Chalil believes that the preparation of the Hijri calendar in Indonesia can only use the hisab method. These three ideas can be a solution in an effort to achieve uniformity of the Hijri calendar in Indonesia.
The Implementation of E-Commerce Consumer Option Rights (Khiyar) in Realizing Transaction Justice: A Study of Maqasid Al-Shariah Abdi Wijaya; Achmad Musyahid Idrus; Tahani Asri Maulidah; Mulham Jaki Asti; Nurjannah Nurjannah
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.v17i1.7673

Abstract

This article aims to reveal the optimization of option rights in realizing or stopping e-commerce transactions to achieve justice due to several problems in e-commerce transactions, including no meeting of two people who transact and no goods at that time. The results of the study reveal that the component of option rights (khiyar) focuses on an option due to damage/defect, where the damage can harm or oppress the parties, and the right to vote is a preventive alternative so that the parties feel comfortable and justice is realized in every transaction. Likewise, in the maqashid al sharia analysis, option rights (khiyar) have a very strategic role in maintaining the interests, transparency, benefit, and willingness of both parties to conduct transactions and protect them from harm and loss for all parties. This shows concern for justice in transactions as an effort for the common good to protect the rights of the parties. Strengthening regulations through laws and regulations needs to be carried out as a preventive effort to prevent acts of bad faith by one of the parties to provide a sense of security in transactions between the parties.
Examining the Admissibility or Otherwise of Evidence Generated from Closed-Circuit Television (CCTV) and Deoxyribonucleic Acid (DNA) Test as Means of Proof of Zina Under Islamic Law Yahaya Ibrahim Abikan
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.v17i1.8172

Abstract

This article examines the admissibility of evidence generated from CCTV and DNA tests as a means of proving adultery according to Islamic Law with a critical and argumentative study. This article reveals that hadd punishment cannot be imposed based on evidence generated from CCTV and DNA tests because the admission of such evidence will erode and neutralize the Qur'anic requirement of four reliable eyewitnesses before punishment. On the other hand, such evidence cannot be used to replace the provisions of the Qur'an and Sunnah because they are circumstantial and therefore subject to doubt. The author's main finding is that the only acceptable evidence for adultery is that prescribed by the Qur'ān or Sunnah, namely the oral testimony of four reliable eyewitnesses and confession. The article recommends that evidence generated from CCTV and DNA tests should be good evidence and equally admissible in all non-hudud offenses especially when there is no human interference or interruption tainting or affecting the evidence.
Islamic Law Legislation in Indonesia: Anomalies of the Relationship between Political Configuration and Zakat Legal Product during the Reform Era Ali Murtadho Emzaed; Ibnu Elmi AS Pelu; Shakhzod Tokhirov
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.v17i1.7815

Abstract

This article discusses the anomaly of democratic political configuration relation that produces conservative zakat law product in Law Number 23 Year 2011 on Zakat Management. Zakat law has experienced the positivation of Islamic law through what is called the legislative process in the House of Representatives. Through its stipulation, it actually led to rejection from Muslim civil society groups. This rejection is an indication that the law is not responsive to civil society. This research is normative juridical with a political approach to law that places legislation as a political product. Edward W. Soja’s spatial justice theory is used to analyze this issue. The findings of this research are, first, the anomaly of political configuration relations towards zakat law products occurs because of the still entrenched character of executive dominance in making zakat law in the DPR. Second, to produce a responsive law, it must provide space for spatial justice through the participation of Islamic civil society in making zakat law.
The Role of Indigenous Peoples, Social Workers, and the Syar’iyah Court in Diversion of Children Perpetrators of Jinayah Zulfia Hanum Alfi Syahr; Tumbur Palti D. Hutapea; Umma Farida; Dian Hafit Syaifullah; Buyamin
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.v17i1.7349

Abstract

The juvenile justice system as a legal efforcement to guarantee the rights of children who conflict with the law. The mechanism for the criminal justice system against children is carried out through diversion involving judicial officials. However, problems arise in enforcing the criminal justice system for children engaged in Jinayah cases. It is because the Jinayah case must obey the qanun implemented in Aceh. The punishment given to the perpetrators of Jinayah can be in the form of flogging or imprisonment. For a child, that punishment can be traumatic for the child’s mental health. Therefore, this research will examine various efforts to minimize the impact of this punishment on the psychological development of children who become perpetrators of Jinayah. The problem of this study is how a child can maintain his psychological health after becoming a perpetrator of Jinayah. This research is essential to protect children’s psychological development as perpetrators of Jinayah. The purpose of this study is to find various efforts to maintain the mental development of children as perpetrators of Jinayah. Thus, the research method used to answer these problems is qualitative with a normative approach and literature study. The normative research will analyze various legal regulations regarding criminal and Jinayah acts. Then, it will support a literature study to gain a comprehensive and depth understanding of the topic of study. The results are that children as perpetrators of Jinayah have a risk of psychological trauma, and juvenile criminal law needs to be strengthened. Strengthening this law can be in the form of harmonizing the diversion of children with the Jinayah law. The cooperation of various parties, namely, law enforcement officials, social workers, and indigenous peoples, can minimize the risk of child psychological trauma.
The Power of Husband-Wife Communication in Building Family Resilience and Preventing Divorce: A Study of Maṣlaḥah Mursalah Teguh Mulyo, Mufrod; Nasution, Khoiruddin; Batubara, Samin; Musawwamah, Siti; Abdullah, Raihanah
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 17 No. 2 (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.v17i2.7651

Abstract

This paper is prepared based on the research on 18 couples of husbands and wives from a faculty at a state Islamic university in Yogyakarta. The research found that good communication between husbands and wives in household life could build family resilience and prevent divorce. This study used normative-sociology approach combined with the maṣlaḥah mursalah and convergence theories, which was further combined with the Ibnu Miskawaih and K. Hajar Dewantoro’s theories. The data was collected by distributing questionnaires to 18 couples of husbands and wives. The study found that a good communication between wives and husbands could be built through verbal and non-verbal communications. These verbal and non-verbal communications had the same strength in building a good communication, depending on the situations. There were times when it was more appropriate to use verbal communication, while there were also times when non-verbal communication was the right choice. It could, therefore, be said that communication played a crucial role in building family resilience. Thus, analyzed using the maṣlaḥah mursalah theory, it was not an exaggeration to state that building communication is a necessity for husbands and wives. It is not even exaggerating to say that building a good communication is an obligation that husbands and wives cannot ignore.  
Phenomena of Domestic Violence Against Women and Divorce in 2020-2022 in Indonesia: An Islamic Perspective Hasanudin, Hasanudin; Mukhlas, Oyo Sunaryo; Noradin, Muhammad Farhan Bin Mat; Solehudin, Ending; Jubaedah, Dedah
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 17 No. 2 (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.v17i2.7686

Abstract

The phenomenon of domestic violence for women which leads to divorce has increased dramatically since 2020-2022. In fact, acts of domestic violence have never been justified in religious teachings. Therefore, this study aims to explore the phenomenon of domestic violence against women and divorce in 2020-2022 in Indonesia as well as Islamic views on both. This research uses a qualitative approach to the phenomenological method with data sources taken from reports on social media such as Youtube, Instagram, and Facebook about the phenomenon of domestic violence and divorce in 2020-2022. The research process is divided into three stages, namely the orientation stage, the reduction stage, and the selection stage. The results of this study reveal that: First, the phenomenon of domestic violence against women and leading to divorce has increased; in 2020 there were 226,062 cases increasing to 349,635 cases in 2022. From the search results, cases of domestic violence were caused by several factors such as: 1) unstable family economy due to the pandemic situation spanning 2020-2022; 2) jealousy among spouses because of social media, 3) spouse's family interferes too much in household affairs, and; 3) early marriage; Second, Islamic syari'at through the Qur'an and Sunnah condemns acts of domestic violence in the household for any reason according to the demands of QS: 4: 21, QS: 4: 34, and HR. Bukhari No. 4942. The findings of this study indicate that married couples need to be given education on how to navigate the household ship before they get married so that it is not easy to do domestic violence between partners.
Social Dynamics on the Increasing Divorce of Malay Communities during COVID-19 in Sambas West Kalimantan, Indonesia Perspective of Islamic Family Law Asman, Asman; Muda, Resali bin
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 17 No. 2 (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.v17i2.8235

Abstract

The purpose of this study is to find out the causes and provide alternative solutions to the increase in divorce of the Malay community in Sambas Regency, West Kalimantan. The emergence of Covid-19 at the beginning of 2019 as a very scary and deadly virus for mankind in this world. One of them is Indonesia, which has been greatly affected by Covid-19, both from the family economy side and from the family resilience side. One of the cases that occurred in Sambas Regency was that in 2021 there was an increase in divorce during the Covid-19 pandemic, resulting in a change in status. This type of research is a type of qualitative research that prioritizes field studies with a normative juridical approach. The focus in this research is what causes the increasing divorce status of the Malay community during the Covid-19 period in Sambas Regency? And what are the alternative solutions to reduce the high divorce rate during the Covid-19 period in Sambas Regency. The findings of this study are the increase in divorce in Sambas Regency, the existence of conflicts in the families of married couples which results in divorce the main cause of problems in life or family economic resilience, communication in the family is tenuous and marriage. immaturity is caused by being too young to start a household. The alternative solution provided by this study is that husband and wife must communicate actively without prioritizing 2E, namely emotion and egoism to avoid conflict, synergistic active intervention from religious leaders, government, KUA, BBKN and families, to conduct socialization in order to create good relationships for newly married couple or husband and wife who have been married for a long time
Sandwich Generation in Contemporary Indonesia: Determining Responsibility in Caring for Elderly under Islamic Law and Positive Law Syufa'at, Syufa'at; Zaidi, Syed Muhammad Saad; Mutholaah, Mutholaah
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 17 No. 2 (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.v17i2.9371

Abstract

The emergence of the term sandwich generation is believed to be a phenomenon that is common in Indonesian society. What's more, the number of baby boomers has become a concern both from a social and economic perspective for the generations below them. Therefore, many dilemmas arise regarding how the Indonesian people respond to sandwich generation, whether this position is a burden or a gift for the perpetrators of sandwich generation. This paper will later answer how the history of the emergence of the term sandwich generation and its development in Indonesia and the perception of sandwich generation on Islamic law perspective. This study uses a qualitative method by collecting library data sourced from related books and journals so as to produce a discussion where the term sandwich generation is a generation that directly supports the generation above and below (the other two generations). The current sandwich generation has actually existed for a long time, even in the era of Prophet Muhammad SAW. The concept of sandwich generation can be interpreted the same as the concept of birrul walidain or devoted to parents. Of course, the concept of birrul walidain is a practice that is highly recommended to be done for every Muslim.
Legal Age for Marriage: SDGs and Maslahah Perspectives in Legal Policy Change in Indonesia Setyawan, Edy; Huda, Muhammad Chairul; Muamar, Afif; Sukardi, Didi; Pangestu, Muhammad Feby Ridho
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 17 No. 2 (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.v17i2.9506

Abstract

This research aims to identify the impact of the change in legal policy on the protection of human rights and gender equality. This research analyzes the relationship between the aspects influencing legal changes regarding the legal age of marriage in Indonesia from a gender perspective and the SDGs. This study employed a qualitative approach that is based on library research to identify the impact of changes in legal policy. This study also used a juridical approach to capture an overview of Indonesian family law policies as stipulated in the Law Number 16 of 2019 with maslahah theory and Philipus M. Hadjon’s theory of legal protection as the analytical framework. The research results: First, it was found that the issue of the minimum legal age of marriage is part of the legal discovery area, which resulted in the emergence of Law Number 16 of 2019. Second, the gender movement in Indonesia has played a significant role in changing the paradigm of family law towards a more progressive view and a more protective to women’s rights. The integration of Hadjon’s theory of legal protection strengthens the analysis of the impact of changing legal policies on individual rights and gender equality.

Page 33 of 38 | Total Record : 378

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