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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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Misconception about Halal Certification Placement on Non-Food Commodities: State Coercion over the Territory of Ijtihad Hamid, Abdul; Fakhrina, Agus; Aziz, Fathul Aminudin; Mursid, Mansur Chadi
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.v19i2.14064

Abstract

The obligation of halal certification for commodity products has created many dilemmas, one of which is the placement of the halal label on non-consumer goods. This is evidenced by the use of halal labels on several animal food products and non-food products. Even halal certification is also placed in the service sector, which is included in the supply chain management activities category. This study examines the government mandate for halal certification of commodity products and highlights the resulting public misunderstandings about the application of halal labels. Data were gathered from various online platforms, including news outlets, pet food websites, and sites unrelated to consumer goods that discuss halal certification. These sources were examined using descriptive analysis. The findings reveal that, on the one hand, the government helps consumers choose halal products; on the other, making the State the sole authority on what's halal and what's haram has confused halal labels and imposed legal pressure on matters that rightly belong in the domain of ijtihad. The mandatory halal certification imposes the formalism of religious language, leading people to feel that their economic activities are being dictated in the name of the common good, while disregarding alternative perspectives in assessing a product's halal or haram status. This finding underscores the need for additional follow-up measures to determine the extent of the benefits achievable through this mandatory halal certification requirement.
Living Islamic Law in Indigenous Communities in Indonesia: Integration of Fiqh in the Tradition of Mu’amalah of the Muslim Community of Banjar Mustofa, Imam; Sauqi, Muhammad; Ambarwati, Diana; Yahya, Alwi
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.v19i2.14792

Abstract

The interaction between Islamic law and local wisdom among the Muslim community of Banjar in South Kalimantan reflects the significant dynamics of living Islamic law within the framework of legal pluralism in Indonesia. The mu‘amalah practices developed in this community are not limited to the application of normative fiqh alone, but are brought to life through cultural expressions and oral traditions, such as barelaan, tukar jual, jual lah seadanya, and bawa ja dulu, which serve a dual role as ṣīghat al-‘aqd and as social devices for upholding the principles of voluntariness, openness, honesty, and justice. This study aims to trace the forms, meanings, and mechanisms of integrating the principles of fiqh mu‘āmalah into the customary order, as well as to assess its contribution to the discourse on living law and maqāṣid al-sharī‘ah. A qualitative approach within a phenomenological framework is used. Research data were collected through participatory observation in traditional markets, interviews with local scholars, customary leaders, and traders. The results reveal that local scholars play a strategic role as mediators who interpret and adapt customary practices to align with the principles of Sharia. This process gives rise to a living legal system that is deeply rooted in social legitimacy and endowed with moral authority recognized by the community. From a theoretical perspective, this study broadens the understanding of legal pluralism through a model of reciprocal interaction between Islamic customary law, fiqh mu‘āmalah, and positive law, while enriching the discourse on maqāṣid al-sharī‘ah, particularly in the dimension of ḥifẓ al-māl, which is preventing loss and fostering blessings through social practices based on community trust and ethics.
Legal Protection in Sharia Securities-Based Crowdfunding: A Normative Review of Dual Regulation Noor, Afif; Ghofur, Abdul; Supangat; Fittria, Anis
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.v19i2.14749

Abstract

Sharia Securities-based crowdfunding (Sharia SBC) has emerged as a novel financial innovation that integrates Islamic principles with financial technology, expanding investment access in Indonesia. However, this development has also created significant regulatory gaps and legal risks related to data protection, Sharia compliance, information asymmetry, and weak dispute resolution mechanisms. This study examines the adequacy of Indonesia’s dual regulatory model, the Financial Services Authority (OJK) and the National Sharia Council (DSN-MUI), in protecting investors and ensuring Sharia compliance in SBC. Using normative legal methods combined with comparative and policy-oriented approaches, the study identifies the lack of binding force in DSN-MUI fatwas, the limited role of the Sharia Supervisory Board, and weak enforcement of data security and disclosure standards. Comparative studies from Malaysia and Bahrain suggest that integrating Sharia audits and a centralized dispute resolution mechanism can strengthen legal certainty. These findings underscore the need for regulatory reforms to render DSN-MUI fatwas legally binding, establish a Sharia arbitration body, and mandate annual Sharia compliance audits for SBC operators. These recommendations aim to improve legal certainty, investor protection, and the integrity of Shariabased financial technology in Indonesia.
Analyzing the Legal Reasoning behind the Prohibition of Cryptocurrency Transactions in Indonesian Fatwa and Regulations Prabowo, Bagya Agung; Nurjihad; Rohidin
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.v19i2.14974

Abstract

This study analyzes the legal rationale underlying the prohibition of cryptocurrency transactions in Indonesia, particularly through the Indonesian Ulema Council (MUI) fatwa and the government's regulatory framework. While MUI's fatwa bans cryptocurrency as a medium of exchange and investment due to elements of gharar, maysir, and unclear underlying value, Indonesian state regulations classify cryptocurrency as a tradable commodity under the supervision of the Commodity Futures Trading Regulatory Agency (Bappebti). This duality creates a normative tension between religious legal reasoning and positive law. Using a doctrinal and analytical approach, this research examines the basis of MUI's arguments, the extent to which cryptocurrency fits the criteria of lawful (halal) transactions in Islamic law, and how government regulation frames cryptocurrency within Indonesia's financial and digital economy policies. The findings indicate that MUI's prohibition is grounded in risk, volatility, and speculative characteristics, whereas the government adopts a pragmatic regulatory stance by focusing on consumer protection and market oversight. This study contributes to the ongoing discourse on harmonizing religious fatwas and state law in emerging digital financial technologies. 
The Politicization of Religion and Law Enforcement in Indonesia's Democratic Elections: An Islamic Legal Perspective Qosim, M. Rizal; Hariz, Hajar Salamah Salsabila; Arowosaiye, Yusuf Ibrahim; Azizah, Mabarroh; Idamatussilmi
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.v19i2.15244

Abstract

The politicization of religion in Indonesia's democratic elections represents a structural challenge that disrupts constitutional governance, weakens legal neutrality, and conflicts with the normative principles articulated in al-Māwardī's fiqh siyāsah dustūriyyah. While existing scholarship has addressed the interplay between religion and politics, few studies examine how the strategic manipulation of religious symbols and clerical authority erodes institutional integrity when analysed through al-Māwardī's framework of governance. This study investigates the mechanisms and consequences of religious politicization by integrating key concepts of al-Māwardī, such as ʿadl (justice), amānah (trust), wilāyah al-qaḍā' (judicial authority), and ḥisbah (public oversight) as constitutional ethical standards for political conduct. Utilising a qualitative descriptive method and case study approach, the research analyses interactions among political elites, religious actors, and law enforcement bodies to understand how these relationships influence decision-making processes. The findings reveal three constitutional distortions: the instrumentalisation of religious narratives to delegitimise political opponents; the intervention of religious groups in judicial processes that threaten the independence of legal institutions; and transactional alliances that compromise the objectivity of state authority. From the perspective of al-Māwardī's fiqh siyāsah, these practices violate maqāṣid al-sharīʿah, especially the preservation of justice, intellect, and social cohesion, and contradict the constitutional ethics expected of legitimate governance. This study concludes that religious politicization functions as a systemic threat to the rule of law, undermines public trust, and deviates from al-Māwardī's normative model of just political authority. The research contributes a jurisprudential framework demonstrating how fiqh siyāsah dustūriyyah can guide ethical and accountable governance in contemporary Muslim-majority political systems.
From RTBF to Devoir de Mémoire: The Imperative of Amanah and Adālah in Regulating Former Corruption Offenders' Candidacy Santono, Agung Nugroho Reformis; Abrori, Muhammad Burhan; Azizi, Muhamad Lutfi; Ramadhani, Moch. Rafly Try
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.v19i2.15489

Abstract

The Indonesian regulation permitting ex-corruption convicts to run for public office after a five-year waiting period creates a critical normative dilemma, particularly when intersecting with the EU-centric' Right to Be Forgotten' (RTBF). This article explicitly aims to analyze and challenge the applicability of the RTBF framework to the candidacy of former corruption offenders by re-examining it through the lens of Islamic leadership ethics, specifically the principles of amanah, adālah, and fiqh siyasah. Using a normative-juridical approach, this study analyzes Indonesian electoral regulations and the RTBF doctrine, synthesized with classical and contemporary Islamic jurisprudence, with particular emphasis on Maqāshid al-Sharīʿah and the doctrine of sadd al-dharāʿīʿ. The findings reveal two key points: First, the five-year waiting period fundamentally misapplies RTBF by equating public records of corruption with private data; this article proposes its antithesis, devoir de mémoire (the duty to remember), as the required public policy framework. Second, Islamic jurisprudence establishes adālah (moral integrity) as a binding legal qualification (sharṭ) for public office, and corruption legally and perpetually nullifies this qualification. The study concludes that spiritual taubah (repentance) is distinct from public-legal qualification (ḥaqq al-ummah) and does not automatically restore eligibility. Therefore, disqualifying former corrupt officials does not violate rights but represents a necessary implementation of sadd al-dharā’iʿ to safeguard public amanah and protect the public interest.
State-Religion Relations and Halal Governance: Islamic Legal Policy in Indonesia and Malaysia Humaidi, M. Wildan; Ridwan; Salleh, Mohd Mahyeddin Mohd
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 20 No. 1 (2026)
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.v20i1.15374

Abstract

The relationship between religion and the state has long been a subject of scholarly debate. This relationship is commonly classified into three dominant models: the integralist model, in which religion and the state are fully integrated; the secularist model, which maintains a strict separation between religious and political spheres; and the symbiotic-mutualistic model, which seeks a proportional balance between the two. This study examines how these frameworks are manifested in halal policy governance in Southeast Asia, with a particular focus on Indonesia and Malaysia. Employing a comparative qualitative approach, data were collected through document analysis, relevant scholarly sources, and interviews with key stakeholders. The findings indicate that constitutional recognition of religion does not necessarily determine the structure of halal policy governance. In Indonesia, halal policy is embedded within the state bureaucracy and religious authority through the Halal Product Assurance Law. In contrast, in Malaysia, halal certification is institutionalized under the Department of Islamic Development Malaysia (JAKIM), shaped by considerations of trade and economic development. In both cases, halal certification has evolved beyond a purely religious obligation into a strategic political–economic instrument with global relevance. This study concludes that halal governance reflects a hybridization of religious, political, and economic factors, highlighting the importance of analyzing halal policy within the framework of global political economy. The findings contribute theoretically to the growing field of halal political economy studies, particularly in understanding state–religion relations in Southeast Asia. Halal governance can no longer be viewed merely as an instrument of religious policy but has become a strategic domain within the global political economy.
Participatory Governance of Customary Forests: Institutional Collaboration in Islamic and Customary Law Perspectives Rusmiyati, Chatarina; Wahyono, Eko; Carolina, Carolina; Tursilarini, Tateki Yoga; Tantri, Erlita
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 20 No. 1 (2026)
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.v20i1.15484

Abstract

This study analysis institutional collaboration between customary and religious systems in customary forest management through the lens of participatory and sustainable social ecological governance, emphasizing Islamic environmental jurisprudence (fiqh al-bī’ah). It challenges state-centric and top-down forest governance models by highlighting locally embedded regulatory frameworks that integrate customary norms with Islamic legal-ethical principles derived from uṣūl al-fiqh and maqāṣid al-sharī‘ah. The study asks how interactions between customary institutions and religious authorities function as socially legitimate mechanisms that sustain ecological balance while improving indigenous welfare. Using a mixed-methods design, the research combines quantitative analysis through Structural Equation Modeling–Partial Least Squares (SEM-PLS) with qualitative inquiry including in-depth interviews and focus group discussions with customary leaders, religious authorities, and community members. Results show that integrating customary law and Islamic jurisprudence generates strong social legitimacy grounded in khilāfah, amānah, and maṣlaḥah. Religious moral sanctions and environmental ethical narratives reinforce compliance with customary ecological norms and strengthen collective participation. The study concludes that adat religious collaboration represents a normative governance model aligned with maqāṣid al-sharī‘ah, particularly the protection of life, resources, and ecological balance. This model offers a jurisprudential foundation for inclusive and participatory forest governance that respects legal pluralism while supporting indigenous welfare and environmental sustainability.

Page 38 of 38 | Total Record : 378

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