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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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Between Doctrine and Custom: A Sociological Study on the Distribution of Zakat to Santri Musanna, Khadijatul; Fitri, Aulia; Junaidi; Azhar; Badruzaman, Akhmad Roja
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 19 No. 1 (2025)
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.v19i1.12386

Abstract

This research evaluates the practice of zakat distribution to santri in Aceh through the sociology of Islamic law approach. In Acehnese society, religious figures such as Dayah, Teungku, and Abi have high authority that influences socio-religious practices, including the allocation of zakat. This respect forms a social doctrine that prioritizes santri as zakat recipients, even though their economic status is not always categorized as fakir (destitute) or miskin (poor) in the classical zakat provisions. This research uses qualitative methods, in-depth interview techniques, and participatory observation involving Tgk Imum, amil, and Dayah leaders in ten villages. The results identified three main factors shaping zakat distribution: community perceptions of santri, the strength of social networks, and the role of ʿurf (local custom). Santri are positioned as fighters in the cause of Allah (fī sabīlillāh), and their proximity to religious authorities strengthens this legitimacy. Based on sahih ʿurf, this practice integrates sharia principles with local socio-cultural dynamics.
Aligning Fiqh Disaster with Indonesia’s Management Disaster Policy: A Maqāṣid Methodology Review Arief, Ahmad; Sultan, Lomba; Amin, Abd. Rauf Muhammad; Musyahid, Achmad; Syarif, Muhammad Fazlurrahman
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 19 No. 1 (2025)
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.v19i1.12872

Abstract

This study aims to align the principles of fiqh of disasters with Indonesia’s disaster management policies, particularly Law No. 24 of 2007. It seeks to explore how Islamic legal objectives can enrich and complement Indonesia's disaster governance framework. Using a maqāṣid based analytical approach, the research identifies and categorizes key elements within the maqāṣid framework, including concepts, objectives, values, societal groups, universal laws, divine commands, and textual evidences. These components are then systematically examined to evaluate their relevance and alignment with national disaster management strategies. The findings reveal a significant divergence in the interpretation of disaster and disaster management stakeholders between the two paradigms. Indonesian law defines disaster in technical-administrative terms, while fiqh emphasizes theological dimensions, such as divine awareness and submission to God’s will. Furthermore, the integration of religion as a vital element in disaster management remains insufficiently addressed in current policy frameworks. This study offers a novel integration of maqāṣid al-sharīʿah into the context of disaster management, proposing a theological-ethical dimension often overlooked in secular policy discourse. It bridges religious jurisprudence with contemporary disaster governance. The research suggests that involving religious leaders, institutions, and the Ministry of Religious Affairs in all disaster stages of prevention, response, and recovery can strengthen community resilience by fostering spiritual preparedness, psychological support, and culturally grounded disaster literacy.
Reassessing Women's Obligation in Friday Prayer on Fiqh al-Ḥadīth and Maqāṣid al-Sharīʿah in the Perspective of Majelis Tafsir Al-Qur'an (MTA) Sukron, Mokhamad; Said Agil Husin Al-Munawar; Zaitunah Subhan; Supriyanto
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 19 No. 1 (2025)
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.v19i1.12942

Abstract

This study investigates the interpretation of the Majelis Tafsir Al-Qur'an (MTA) regarding the obligation of Friday prayers for women, employing the analytical frameworks of Fiqh al-Ḥadīth and Maqāṣid al-Sharīʿah. MTA adopts a literal exegesis of QS. al-Jumuʿah: 9, asserting its universal applicability irrespective of gender. The study critically reevaluates the traditionally understood Hadiths to exempt women, interpreting them as providing legal flexibility rather than categorical exclusion. By applying sanad (chain of transmission) and matan (text-content) analysis, MTA integrates classical methodological rigor with contextual reasoning, thereby advocating a reformist yet tradition-conscious stance. This research highlights MTA's inclusive perspective as a significant contribution to contemporary Islamic legal discourse, aiming to promote enhanced religious participation and social cohesion. Nonetheless, the study identifies ongoing challenges, including contextual limitations and restricted mosque access for women. The findings underscore how MTA's interpretive model embodies a progressive rethinking of Islamic obligations in response to evolving social realities.
Polygamy Legal Politics in Southeast Asian Muslim Countries: Legal Pluralism and Qur'anic Perspectives Naqiyah; Triana, Nita; Zakaria, Gamal Abdul Nasir; Liddini, Laily
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 19 No. 1 (2025)
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.v19i1.13201

Abstract

Polygamy regulations are designed to protect the interests of Muslim families; however, ironically, in some Muslim countries, these regulations have been associated with triggering domestic violence. This study aims to examine the legal politics of polygamy in Southeast Asian Muslim countries: Indonesia, Malaysia, and Brunei Darussalam using a legal pluralism approach alongside Qur'anic perspective. The methodology employed is qualitative with a descriptive-interpretative approach. The findings indicate that these three countries regulate polygamy through two reforms: intra-doctrinal reforms that accommodate religious and cultural norms and extra-doctrinal reforms encompassing legal frameworks, judicial systems, and institutional structures. Three main factors influence these legal policies: religious understanding, local traditions, and political and social dynamics. As ūlū al-amri (authoritative leaders), the governments of these countries are committed to regulating polygamy to benefit families and children by integrating Islamic values, local traditions, and colonial legal influences. These regulations align with the Qur'anic message that permits polygamy under certain conditions and strict requirements, aiming to achieve marital goals of tranquility (sakīnah), affection (mawaddah), and compassion (raḥmah). However, stricter supervision and substantive legal reforms are necessary to reinforce these requirements and impose sanctions on violators.
From Margin to Authority: Islamic Legal Discourse on Women’s Political Rights in a Global Human Rights Framework Mulyo, Mufrod Teguh; Jandra , Mifedwil; Munifah
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 19 No. 1 (2025)
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.v19i1.13247

Abstract

This article examines the protection of women’s political rights in Islam concerning international human rights conventions. While numerous studies have addressed the historical evolution of women’s political participation, limited attention has been given to the normative foundations of Islamic teachings supporting such rights. This study seeks to fill that gap by focusing on how Islamic values uphold and safeguard women’s political rights. Employing a legal-normative approach, the research examines classical and contemporary legal literature and religious interpretations, particularly referring to the Qur’an Surah Al-Mumtahanah (60:12) as key textual evidence. The findings reveal that Islamic teachings not only permit but actively encourage women’s involvement in political life, challenging conservative interpretations that limit their participation under religious pretexts. This research contributes to scholarly discourse by fostering reconciliation between Islamic principles and global human rights standards, promoting a more inclusive and empowering view of women in Muslim societies. It also refutes prevalent misconceptions regarding Islam’s stance on women’s political engagement. Future studies are encouraged to conduct comparative analyses of how women’s political rights are implemented across diverse Islamic and non-Islamic socio-political contexts.
Epistemological Transformation of ʿUrf in the DSN-MUI Fatwa on E-Commerce: A Maqāṣid al-Sharīʿah Based Analysis Sanuri; Mubarok, Nafi'; Musafa’ah, Suqiyah; Irama, Yoga
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 19 No. 2 (2025)
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.v19i2.13145

Abstract

The rapid growth of digital platforms in global commerce has reshaped conventional transactional norms, including among Indonesian Muslims, raising normative debates on the legitimacy of e-commerce within Islamic jurisprudence. While prior studies have addressed e-commerce in Islamic legal discourse, few have examined the transformation of ʿurf (customary practice) as a legitimate legal source in the digital age. This study introduces the DigitalʿUrf Alignment Model (DUAM), an integrative legal-epistemological framework that systematizes the adaptation of classical ʿurf to digital contexts through maqāṣid al-sharīʿah based validation. Employing a qualitative-normative approach, the research analyzes Fatwa No. 146/2021, issued by the National Sharia Council of the Indonesian Ulema Council (DSN-MUI), classical and contemporary fiqh sources, and emerging digital transaction models. It integrates concepts from uṣūl al-fiqh, maqāṣid al-sharī‘ah, and socio-philosophical reasoning to reconceptualize ʿurf as a dynamic category of legal interpretation. The findings affirm that digital ʿurf, structured through DUAM, enables its institutionalization as a normative legal source for fatwa and provides a scalable method for integrating classical jurisprudence with digital finance regulations.
Assessing Indonesia and Malaysia’s Legal Responsiveness to Domestic Violence Victims within Islamic Law Framework Nuroniyah, Wardah; Al Azkiya, Mohammad Azka; Wahid, Abdul; Labib Shodiq, Fatimah Lubabiyah; Maula, Bani Syarif
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 19 No. 2 (2025)
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.v19i2.13736

Abstract

This study presents a comparative analysis of Indonesia and Malaysia’s legal frameworks for protecting victims of domestic violence through the lens of Islamic legal principles. It examines both substantive and procedural dimensions in light of maqāṣid al-sharī‘ah, which emphasize the preservation of life (ḥifẓ al-nafs), dignity (ḥifẓ al-‘ird), and family integrity (ḥifẓ al-nasl). Indonesia’s Law No. 23 of 2004 provides broad substantive protection by recognizing various forms of violence physical, psychological, sexual, and economic and extending safeguards to domestic workers. This inclusivity aligns with the Islamic principle of ‘adl (justice) and the duty to uphold human dignity, though weak coordination and limited law enforcement training hinder procedural implementation. In contrast, Malaysia’s Domestic Violence Act 1994 demonstrates stronger procedural responsiveness, particularly in issuing protection orders and promoting inter-agency cooperation. While its narrower scope excludes domestic workers, it reflects dar’ al-mafāsid (prevention of harm) through timely intervention. Malaysia’s dual legal system also integrates Islamic values into judicial practice. The study concludes that Indonesia excels in substantive inclusivity, while Malaysia demonstrates procedural strength. A hybrid model combining Indonesia’s normative scope with Malaysia’s procedural efficiency would better fulfill the Shariah’s holistic objectives of justice and protection.
Negotiating Islamic Legal Culture: Muslim Majority Participation under Non-Muslim Leadership in Multicultural Villages Karim, Abdul; Nur, Dany Miftah M.; Zubair, Abi Amar
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 19 No. 2 (2025)
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.v19i2.13918

Abstract

This study analyzes non-Muslim leadership in a Muslim-majority community through Islamic legal culture, highlighting how religious norms, legal consciousness, and local wisdom inform tolerance and coexistence. Using qualitative participatory action research, data were collected via participant observation, with in-depth interviews, and documentation, and also triangulation ensuring validity. The Jrahi community, grounded in Islamic values of ukhuwah (brotherhood), ʿadl (justice), and taʿāwun (mutual help), responded positively to a non-Muslim village head whose character and service aligned with principles of justice and public welfare in Islamic ethics. His election reflected a negotiation between Islamic normative ideals and pragmatic governance, prioritizing integrity, maturity, and leadership capacity over religious affiliation. Although peace promotion was absent from his formal vision and mission, it was realized through cooperation and preservation of local traditions consistent with the Islamic legal value of maslahah. The community’s choice sought to maintain unity, prevent conflict, and guard against both syncretism undermining ʿaqīdah and radical extremism disrupting social order. This case demonstrates how Islamic legal culture adapts within multicultural realities, offering insights into the acceptance of minority leadership in Muslim-majority settings without compromising core Islamic legal and ethical principles.
The Urgency of the Halal Industry in Light of Islamic Legal Philosophy Irfan, M. Nurul; Rosyid, Maskur; Marjuni, Kamaluddin Nurdin; Mashilal
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 19 No. 2 (2025)
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.v19i2.14029

Abstract

The Indonesian government, regulators, and Muslim consumers increasingly recognize the halal industry as an essential sector for economic growth. This study aims to assess the understanding, acceptance, and implementation of halal among educated Muslim youth and analyse the urgency of halal in food, tourism, and banking. The research was conducted at four State Islamic Universities (PTKIN) in Central Java, Indonesia, involving 145 students as respondents. A descriptive quantitative approach was applied using structured questionnaires, analysed with frequency and percentage techniques, and interpreted through Islamic legal philosophy, particularly fiqh and maqāṣid al-sharī‘a. The study finds that the halal of food, tourism, economy, and banking has a strong epistemological basis in Islam; however, a segment of Muslim minority students demonstrates rejection or inconsistent implementation due to differences in interpretation, limited accessibility, and perceptions of government policies. Despite this, there is strong support for halal, with over 91% endorsing government initiatives and 92% acknowledging their contribution to economic growth. Based on these findings, the study recommends standardizing halal concepts across sectors, systematically evaluating program impacts, and continuously educating the public to optimise the implementation of Indonesia’s halal industry policy.
Maqāṣid al-Sharī‘ah and the Prohibition of Incest in Indonesian Legislation: An Analysis of the Protection of Lineage and Public Morals Sukataman; Idlofi; Agung Nugroho Reformis Santono; Umar Chamdan
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 19 No. 2 (2025)
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.v19i2.14989

Abstract

The phenomenon of incestuous marriage in Indonesia continues to occur despite being strictly prohibited by Islamic law and national positive law. This paper discusses the issue of incest from the perspective of maqāṣid al-sharī‘ah, highlighting how the principles of ḥifẓ al-nasab (protection of lineage) and ḥifẓ al-‘irḍ (protection of morality and honour) serve as the normative and ethical basis for the prohibition of incestuous marriage. This study uses a qualitative approach based on normative and comparative legal analysis of classical Islamic legal sources, national legislation such as the Marriage Law, KHI, and KUHP, and developing social phenomena. The results of the study show that the maqāṣid al-sharī‘ah approach uses ṣalah al-uṣūl al-khamsah, ḥifẓ al-nasl, to formulate the prohibition of incest. Ḥifẓ al-nasl consists of two elements: wujūd (productive) and 'adam (protective). The prohibition of incest is a form of protective behaviour, similar to the prohibitions of adultery and qażf. The application of maqāṣid al-sharī‘ah to positive law can offer new possibilities for Indonesian law, which is expected to encompass legal, social, and moral aspects.

Page 37 of 38 | Total Record : 378

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