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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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State Islamic University Students’ Perceptions of Israel Affiliated Products: A Study After the Fatwa of Indonesian Ulema Council No. 83 of 2023 Concerning the Law on Support for the Palestinian Struggle Witro, Doli
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 18 No. 1 (2024)
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.v18i1.10554

Abstract

This study aims to describe the perceptions of State Islamic University (UIN) students in Indonesia regarding products affiliated with Israel after the issuance of the Indonesian Ulema Council (MUI) fatwa Number 83 of 2023 regarding support for the Palestinian struggle. This research employed qualitative research methods. The primary data of this study were collected through interviews while the secondary data were obtained from scientific articles, books, and so on. The data collection techniques used in this study were observations, interviews, and documentation. The data analysis techniques included data condensation, data presentation, and conclusion drawing. This study found that the overall perception of UIN students towards Israel-affiliated products was the result of a complex interaction between religious values, humanitarian values, solidarity with Palestine, media information, economic considerations, and political awareness. These factors become reinforcements to their agreement and support for MUI’s steps in supporting Palestine. MUI stipulated Fatwa Number 83 of 2023 concerning the Law of Support for the Palestinian Struggle. One of the substances was a call to boycott products that are clearly affiliated with Israel. This boycott has implications for the company’s reduced financial income due to a decrease in product sales turnover. This can paralyze the performance and operations of the company and as a consequence, their assistance to Israel in carrying out attacks on Palestine will be stopped.
Utilizing Science and Maqāṣid al-Sharī’ah in Resolving Contemporary Issues of Islamic Family Law Aslati; Agustar, Armi; Silawati; Arisman; Arafah, Siti
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 18 No. 1 (2024)
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.v18i1.10571

Abstract

Contemporary ijtihad is required in the formulation of new formulas, such as legal protection of the rights of children outside marriage whose biological father is known. Reformulation of Jurisprudence as an analysis of Islamic law must be able to answer socio-cultural problems in the modern era, such as proof of the use of DNA as genealogy. An adaptive formulation of Jurisprudence on contemporary cases by combining science and Maqaṣid al-Shari'ah is analyzed in this article. The resolution of Islamic law by referring to the opinions of the Four Madhhabs of Jurisprudence needs to be approached or juxtaposed with science. A correct understanding of the values contained in the sharia and the application of Maqaṣid al-Shari'ah are indispensable in contemporary ijtihad so that the face of Jurisprudence can dialect with the times. So that the determination of lineage by DNA can be used as a legal reference that is adaptive to science and in accordance with the great objectives of Maqaṣid al-Shari'ah.
To What Extent Collateral in PLS Financing Brings Maṣlaḥah? An Analytical Comparison from Islamic Law Outlook with Maqāṣid al-Sharī’ah Index Lestari, Dini Maulana; Kusuma, Hadri; Sunaryati
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 18 No. 1 (2024)
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.v18i1.10575

Abstract

This study aims to compare the level of maṣlaḥah regarding the existence of collateral in Profit and Loss Sharing (PLS) financing from Islamic banking customers and employees standpoints. This is crucial as PLS financing becomes the main characteristic product of Islamic banks, but it emerges as an unfavorable product due to the high financial risk. The existence of collateral plays a pivotal role in this situation to realize maṣlaḥah. This is an explanatory study with a quantitative approach and survey method, considering 400 respondents, particularly 200 Islamic banking customers and 200 Islamic banking employees, who were conveniently obtained at certain time intervals for a one-shot. An Independent sample t-test is used to calculate the comparison level of maṣlaḥah among these two groups. At the same time, Rasch Model analysis is also used to measure the data based on the demographic characteristics of respondents. The result discovers that although there is a slightly different level of maṣlaḥah between Islamic banking customers and employees in PLS finance practice regarding collateral, it still significantly brings benefit, as it aligns with the concept of ta’widh to prevent financial risk. This finding contributes to Islamic banks as a guideline to understand how to operate and enhance the market share of this financing product based on the Rasch Model Analysis.
Analyzing the Offense of Juvinile Khalwat in Aceh: Evaluation of Qanun Number 14 of 2003 from an Islamic Legal Perspective Harahap, Zul Anwar Ajim; Zulfan; Ridwan, Muhammad
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 18 No. 1 (2024)
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.v18i1.10648

Abstract

Aceh presents an intriguing area of study for numerous researchers in legal domains, owing to its distinct legal system in contrast to other regions in Indonesia. This legal jurisdictional authority underscores the intricacies involved in delineating the jurisdictional boundaries within the overarching framework provided by the national regulations. This is evident in cases of khalwat, an offense where a man and a woman date in seclusion. This study delves into an examination of the offense of juvenile khalwat in Aceh, as stipulated in Qanun Number 14 of 2003, employing Islamic legal theory within a sociological context. The findings of this study suggest that the juvenile occurrence of khalwat in Aceh stems from a combination of factors. These include the enduring influence of religious teachings, the prevalence of casual relationships among adolescents coupled with insufficient parental supervision, and the impact of modern social structures on youthful behavior. As a result, they engage in the offense of khalwat in public spaces, disregarding societal moral norms and public decorum. This Qanun fails to explicitly delineate the parameters for imposing penalties such as ‘uqubat (corporal punishment), flogging, and fines. Consequently, it leads to legal disparities in enforcement by the Wilayatul Hisbah, particularly when the offender is a minor or immature individual.
Eco-Maqāṣid in Climate Change Campaigns: From an Ecolinguistics Study to the Philosophy of Islamic Law Haris, Arkin; Widodo, Aris; Tantri, Irma Dwi; Sarah, Siti
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 18 No. 2 (2024)
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.v18i2.10652

Abstract

This article aims to uncover ‘eco-maqāṣid’, an Islamic legal philosophy related to environmental awareness. Using a multimodality approach, the study begins by understanding the textual and visual meaning of climate change campaigns with  Islamic themes on the @greenpeace.id Instagram account. The data were further explored through ecolinguistic studies to reveal The Stories We Live By, Ecological Philosophy (ecosophy), and Maqāṣid al-Sharī’ah. The findings show that the type of story constructed through the representation of the relationship between images and text is predominantly in the category of Salience, highlighting the importance of maqāṣid principles to environmental aspects. The principle of hifz al-nafs supports the promotion of environmental sustainability to protect Muslim health from the impacts of climate change. Hifz al-māl plays a role in the efforts of mitigation and adaptation to the threats of climate change to protect the assets and economic well-being of Muslim communities. Hifz al-nasl is related to the sustainable prese­­­rvation of Islamic rituals, holidays, and cultural traditions. Meanwhile, hifz al-dīn is reflected in the endeavor to care for the environment as a religious duty manifested from Quranic verses and Hadith. Hifz al-‘aql resonates with strengthening environmental education through Ulama advice and Islamic ethics. Finally, all ḍarūriyyāt al-khams advocates for the protection of all elements in nature. This integration of maqāṣid into ecosophy illustrates how Islamic principles guide environmental management against climate change, creating a framework called ‘eco-maqāṣid’.
Negotiating Islamic Law: The Practice of Inheritance Distribution in Polygamous Marriages in Indonesian Islamic Courts Nasution, Hotnidah; Muchtar , Ahmad Rifqi
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 18 No. 1 (2024)
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.v18i1.10921

Abstract

This research attempts to look at the allocation of inheritance in polygamous marriages, as adjudicated by the Indonesian Islamic courts, commonly known as the Religious Courts. In a polygamous marriage, the inheritance distribution often faces more complex challenges. This research is grounded in an analysis of decisions from the Religious Courts, including both first-instance and appellate court rulings. The findings indicate that inheritance distribution in polygamous marriages relies not just on the Islamic Law Compilation, but also on the Indonesian Civil Code. Moreover, the judges employed two approaches to resolve disputes: Islamic jurisprudence (fiqh) and the Islamic Law Compilation, which is the codified Islamic law in Indonesia. When the judges referred to the classical texts of Islamic jurisprudence, they allocated the entirety of the inherited properties among the heirs. Negotiation occurred when judges opted for the Islamic Law Compilation instead of classical fiqh, leading them to consider the concept of joint property and distinguish it from the estates. Ultimately, the Appellate Court judges appeared more progressive, taking into account the Indonesian context and ensuring justice for wives in polygamous marriages.
Reconceptualizing the Marriage Age Limit in Indonesia: Efforts to Strengthen Family Resilience in North Sumatra Iwan; Fatimah; Betawi, Usman; Nasution, Muhammad Iqbal Hanafi
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 18 No. 1 (2024)
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.v18i1.11090

Abstract

The issue of early marriage has become a polemic and still occurs frequently in Indonesian society. This paper considers the importance of limiting the age of marriage to prevent negative physical, social and emotional impacts on children. This paper abstracts how early marriage in Indonesia impacts family resilience. This type of research is field research, with a text analysis approach related to social issues to answer related factors that influence early marriage and how to improve family resilience. The author conducted research by interviewing five people, one of whom is the deputy head of the Religious Court, the other four are actors who play the role of parents in fulfilling the economical and social needs of children in low-income families, the impact of the increase in the marriage age limit on the rise in marriage dispensation applications at the Indonesian Religious Court, irregularities in marriage dispensation, the phenomenon of underage marriage, the practice of nikah sirri and its implications for marriage registration in Indonesia. The results show the need for better education, economic access, substantial law enforcement, and changes in social and cultural norms to address early marriage, concluding that limiting the age of marriage is vital to achieving family stability, happiness and well-being in Indonesia.
Reevaluating the Legal Status of Monosodium Glutamate Consumption: The Indonesian Ulema Council’s Fatwas and Maqāṣid al-Sharī’ah Syam, Syafruddin; Permata, Cahaya; Haris, Rizki Muhammad; Matondang, Maulidya Mora
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 18 No. 2 (2024)
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.v18i2.11121

Abstract

This article examines the consistency of the MUI Fatwa regarding Monosodium Glutamate (MSG) from a Maqāṣid al-Sharī’ah standpoint. The legal issue addressed in this research arises from the ongoing debate regarding the consumption of MSG. The Indonesian Ulema Council (MUI) has issued a fatwa declaring that MSG consumption is permissible (halal), provided that it is produced from halal ingredients and is processed, packaged, marketed, distributed, and served in compliance with Islamic law. However, numerous studies have highlighted the adverse effects associated with MSG consumption. This research employs a normative-empirical approach to Islamic law. The primary normative data consists of the MUI fatwa concerning flavoring products, specifically monosodium glutamate, which contains amino acids, as well as various sources discussing Maqāṣid al-Sharī’ah. The primary empirical data is derived from interviews with MUI board members regarding their perspectives on the relevant fatwa. Additionally, non-legal sources, including scientific literature on MSG, are utilized. Through this methodological approach, the research yielded several key findings. Although the MUI has declared MSG consumption as halal, individuals must still adhere to the safety guidelines established by the WHO and the Indonesian Ministry of Health. The MUI further advises against excessive or prolonged consumption of MSG due to its harmful effects on one’s well-being, including the soul, mind, reproductive system, beliefs, and property, all of which Islamic law mandates to be safeguarded. Consequently, the research concludes that the MUI fatwa, along with the explanations provided by its members, aligns closely with the principles of Maqāṣid al-Sharī’ah, as the prevention of harm takes precedence over the pursuit of benefits.
Reforming Marriage Law in Indonesia: A Critical Examination of Islamic Law on the Ban of Interfaith Marriages Setiawan, Iwan; Arifin, Tajul; Saepullah, Usep; Safei, Abdulah
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 18 No. 2 (2024)
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.v18i2.11134

Abstract

Interfaith marriage is a widely debated issue in Indonesia, particularly within the context of Islamic law. The prohibition of interfaith marriages has frequently been the subject of substantial criticism from an Islamic legal perspective. This article aims to critically examine the enforcement of this prohibition within Indonesia's marriage legal system. Employing a normative legal approach and literature analysis, the research explores various Islamic law perspectives on the prohibition of interfaith marriages. Additionally, this study analyzes the social, cultural, and legal impacts of this prohibition on Indonesian society. The findings indicate that the prohibition of interfaith marriages often conflicts with principles of justice, religious freedom, and human rights. In the context of Islamic law, several scholars and legal experts advocate for a more inclusive interpretation, emphasizing the importance of considering social context and justice in marital regulations. It is essential to formalize Islamic law by incorporating sociological and cultural aspects and aligning it with the national constitution. Therefore, the development of Indonesia's marriage legal system must consider universal values that evolve sociologically and culturally. In conclusion, this research underscores the need for reform in Indonesia's marriage legal system to accommodate individual needs and rights while respecting religious and cultural values. These changes are expected to provide legal recognition for interfaith marriages and promote a more inclusive and harmonious society.
Assessing Criminal Penalties in Marriage Law: a Comparative Study of Policy Frameworks within Indonesian and Malaysian Legislation Sirait, Adi Syahputra; Harahap, Nurhotia; Hidayat, Taufik; Harahap, Risalan Basri
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 18 No. 2 (2024)
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.v18i2.11208

Abstract

This article examines the policy on criminal sanctions in Islamic marriage law in Indonesia and Malaysia, focusing on a comparative analysis between the two countries. The main objective of this study is to understand how both countries, with their Muslim-majority populations, formulate and apply criminal sanctions in cases of violations of Islamic marriage law. This research employs a library research methodology. The primary sources of data for this study include Law No. 1 of 1974, the Compilation of Islamic Law, the Federal Territories Islamic Family Law Enactment, and Islamic law. The findings of this study indicate that although Indonesia and Malaysia share a common foundation in Sharia law, there are significant differences in the application of criminal sanctions related to Islamic marriage. In Indonesia, the policy on criminal sanctions is more influenced by the secular national legal system, while in Malaysia, Sharia law plays a more dominant role in the state judiciary system. The review of Islamic law related to the application of criminal sanctions for violations of marriage laws remains weak in its implementation. Therefore, stricter sanctions should be established for violators to provide a significant deterrent effect. This approach aligns with al-Ghazali's concept of maslahah, which prioritizes good and avoids harm (mafsadah).

Page 35 of 38 | Total Record : 378

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