cover
Contact Name
Muhammad Fuad Zain
Contact Email
fuad.zain@uinsaizu.ac.id
Phone
+6285731141751
Journal Mail Official
fuad.zain@uinsaizu.ac.id
Editorial Address
Fakultas Syariah UIN Prof. K.H. Saifuddin Zuhri Purwokerto Jl. Jend. A. Yani No. 40A Purwokerto 53126 Jawa Tengah - Indonesia
Location
Kab. banyumas,
Jawa tengah
INDONESIA
Al-Manahij : Jurnal Kajian Hukum Islam
ISSN : 19786670     EISSN : 25794167     DOI : https://doi.org/10.24090/mnh
Core Subject : Social,
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 392 Documents
Middle Eastern Geopolitics and the Transformation of Islamic Law: An Analysis of Islamic Politics in Muslim Countries Kunkunrat; Ade Priangani; Willya Achmad
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 20 No. 1 (2026)
Publisher : Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/mnh.v20i1.16028

Abstract

This study examines the significant influence of regional geopolitical dynamics on the evolution of Islamic law, emphasizing the consequences of legal policies and reforms in the Middle East for non-Arab Muslim countries, particularly Indonesia and Malaysia. Using a qualitative research design and a comparative case study approach, the research is grounded in a constructivist-interpretivist framework and draws on in-depth interviews with scholars, policymakers, journalists, and observers of Islamic politics. Public discourse, policy, and legal documents are also thoroughly analyzed. The study reveals that the evolution of Islamic law is shaped by both international geopolitical tensions and domestic political factors, with distinct manifestations, including conservative theocratic, revolutionary, ideological, secular-pragmatic, and modernist approaches. Notably, geopolitical rivalries in the Middle East have exacerbated sectarian divisions in the Islamic legal discourse. While, the application of Islamic law outside the region is increasingly being integrated into constitutional and democratic frameworks. By addressing the intersection of Islamic law, politics, and geopolitics, this research advocates for promoting moderate Islamic constitutionalism, fostering transnational legal pluralism, and advocating for a more distinct separation between religious and political interests. The study contributes novel perspectives on how Islamic law adapts and evolves in response to contemporary global political shifts, offering critical insights for policymakers and scholars engaged with legal and political transformation in the Muslim world.
An Empirical Analysis of Experts' Perceptions on Reforming Sri Lanka's Muslim Marriage and Divorce Act of 1951: Perspectives on Sharia and Modernity Ahmad Sunawari Long; Iqbal Saujan; Seeni Mohamed Mohamed Nafees; Ahamed Sarjoon Razick; Hasse Jubba
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 20 No. 1 (2026)
Publisher : Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/mnh.v20i1.15430

Abstract

The Muslim Marriage and Divorce Act No. 13 of 1951 (MMDA) provides a distinct legal framework governing marriage, divorce, polygamy, guardianship, Quazi court procedures, and maintenance among Sri Lankan Muslims. Debates over its reform have generated significant internal polarization. Reformist groups advocate amendments that respond to contemporary social realities, particularly women's rights and procedural justice. In contrast, conservative groups argue that any reform must remain consistent with Islamic Sharia, religious norms, and established customary practices (ʿurf). This study examines expert perceptions of the most contested issues in the proposed MMDA reforms. Using a quantitative descriptive design, 300 self-administered questionnaires were distributed to legal and religious scholars, Quazi judges, Arabic college principals, academics, postgraduate students, and prominent Muslim community leaders. A total of 250 valid responses were analyzed using SPSS version 24. The findings indicate strong support for several reforms, including the introduction of clear eligibility criteria for Quazis, supported by 94.3% of respondents; strengthening women's maintenance rights by considering husbands' income, 84%; requiring women's consent in marriage contracts, 75%; and establishing separate Quazi court operations, 88%. Respondents also showed moderate support for setting a minimum marriage age, 53%, and regulating the conditions of polygamy. However, resistance remained toward women's autonomous partner selection, the appointment of female Quazis, the removal of the term "sect," and the expansion of the law to include all madhhabs. The study concludes that MMDA reform in Sri Lanka requires a balanced legal approach that reconciles Islamic legal authority, community identity, gender justice, and contemporary standards of procedural fairness.
State-Mediated Fiqh and the Regulation of Muslim Interfaith Marriage in Southeast Asia Imam Kamaluddin; Setiawan bin Lahuri; Iman Nur Hidayat; Saipul Nasution; Fazari Zul Hasmi Kanggas; Hafini bin Mahmud
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 20 No. 1 (2026)
Publisher : Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/mnh.v20i1.15954

Abstract

Interfaith marriage involving Muslims remains a contentious issue in contemporary Islamic family law, particularly where classical jurisprudence intersects with state authority. This article examines the interpretation, codification, and regulation of classical Islamic doctrines within the legal frameworks of Indonesia, Malaysia, and Brunei Darussalam. Utilizing a comparative legal approach, the study analyzes statutory regulations, judicial precedents, and administrative policies concerning marriage with Ahl al-Kitāb. The findings reveal that, while all three nations draw on the Shāfiʿī school, their regulatory outcomes diverge due to variations in institutional design and the state's role in mediating Islamic law. Indonesia exhibits a dynamic model of legal pluralism, where administrative and judicial interpretations have historically created limited spaces for interfaith registration despite normative restrictions. Malaysia maintains a structured dual legal system characterized by jurisdictional separation and mandatory conversion requirements. Brunei Darussalam employs a highly centralized model of Islamic legal authority, resulting in an absolute prohibition without alternative recognition mechanisms. Ultimately, this study demonstrates that interfaith marriage regulation is shaped by the institutional transformation of Fiqh into enforceable state law, contributing to broader debates on legal pluralism and the "mujtahid state".
Conceptualizing Siyasah Syariah Maliyah: The Acculturation and Transformation of Sharia Finance in Aceh Farid Fathony Ashal; Habibi Zaman Riawan Ahmad; Zenno Noeralamsyah; Mohammad Hasyim; Fahmi Yunus
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 20 No. 1 (2026)
Publisher : Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/mnh.v20i1.14378

Abstract

Aceh's formal implementation of Islamic law, as Indonesia's only province endowed with special autonomy in this domain, offers a critical socio-legal setting for examining how Islamic legal principles are translated into contemporary public policy. While Islamic economics and governance have generated substantial scholarly debate, the conceptual foundations of Islamic financial governance within regional policymaking remain insufficiently theorized. This study addresses this gap by reconstructing siyasah syariah maliyah as an integrated framework of Sharia-based financial governance grounded in classical Islamic political thought and adapted to Aceh's modern regulatory context. Employing qualitative conceptual analysis, the study synthesizes the tradition of siyasah shar'iyyah with Aceh's legal and institutional developments. The findings reveal that siyasah syariah maliyah operates through seven interrelated dimensions: public welfare (maslahah), resource allocation, legal-rational policymaking, policy flexibility (siyasah), regional legislation (qanun), market supervision (hisbah), and economic development (tanmiyah). These dimensions are empirically reflected in Aceh's Islamic financial transformation, particularly through the mandatory conversion of conventional banks into Islamic banks and the enactment of regulatory qanun. The study contributes to the literature by offering a systematic conceptualization of siyasah syariah maliyah, demonstrating the acculturation of Islamic legal norms into modern governance, and proposing an adaptable model for Muslim-majority regions seeking to institutionalize Islamic financial principles within plural legal systems.
Institutionalizing Premarital Screening: An Islamic Legal Politics Analysis through the Health Belief Model and Maqāṣid al-Sharīʿah Irwansyah; Deniansyah Damanik
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 20 No. 2 (2026)
Publisher : Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/mnh.v20i2.15984

Abstract

Premarital screening remains voluntary in Indonesia, creating a policy gap in preventing hereditary diseases such as thalassemia despite increasing public health concerns. This study aims to analyze the politics of Islamic law regarding the institutionalization of premarital screening within Indonesia's national legal system by integrating the Health Belief Model (HBM) and the maqāṣid al-sharīʿah framework. This research adopts a qualitative socio-legal methodology that brings together doctrinal legal inquiry and empirical findings gathered through interviews with prospective marriage partners and key stakeholders. The findings demonstrate that public acceptance of premarital screening is strongly influenced by perceived susceptibility, perceived benefits, and health awareness as conceptualized in the Health Belief Model. From the perspective of Islamic legal politics, mandatory premarital screening represents a preventive legal policy that promotes the protection of life (ḥifẓ al-nafs) and lineage (ḥifẓ al-nasl), while also supporting the protection of intellect and property. The study further argues that institutionalizing premarital screening can be achieved through coordinated legal reforms involving the executive, legislative, and judicial branches. Although premarital screening is generally categorized within maqāṣid al-ḥājiyyāt, its strategic role in preventing genetic disorders justifies stronger legal intervention. This study contributes theoretically by integrating public health behavior with Islamic legal politics and offers practical recommendations for strengthening Indonesia's marriage and public health policies.
From Doctrine to Domestic Resilience: The Lived Meaning of Mīṡāqan Ghalīẓan among Salafi Families Tri Wahyu Hidayati; Siti Robikah; Muhyar Fanani; Ahmad Baha
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 20 No. 1 (2026)
Publisher : Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/mnh.v20i1.15475

Abstract

This article examines the lived meaning of mīṡāqan ghalīẓan, the solemn marital covenant articulated in Q.S. al-Nisāʾ [4]:21, among Salafi families in Semarang Regency, Indonesia. Focusing on how these families respond to domestic tensions and economic pressures, the study situates mīṡāqan ghalīẓan at the intersection of Qur’anic exegesis, maqāṣid al-sharīʿah, and everyday marital practice. Based on qualitative fieldwork involving in-depth interviews and participant observation, the article shows that mīṡāqan ghalīẓan is not understood merely as a juridical formula within marriage, but as a moral-spiritual covenant that shapes spousal relations, conflict resolution, and household economic decision-making. The findings reveal that marital disagreements are commonly managed through musyāwarah, ethical self-restraint, and mutual accountability, while economic hardship is interpreted as a spiritual trial requiring patience, cooperation, and shared responsibility. These practices challenge the common assumption that Salafi marital life is inherently rigid, patriarchal, or authoritarian. Instead, they reveal a relational ethic rooted in religious discipline, negotiated responsibility, and moral accountability. Seen from the maqāṣid al-sharīʿah, these practices help protect five essential values in Islam: religion, life, intellect, family lineage, and property. By connecting Qur’anic interpretation with lived marital experience, this study contributes to contemporary debates on Islamic family ethics, Salafi social practice, and Muslim family resilience. It argues that mīṡāqan ghalīẓan operates not only as a theological and legal concept, but also as a dynamic ethical framework for sustaining family resilience in contemporary Muslim societies.
Reconstructing Eco-Maqāṣid al-Sharī‘ah for CSR Policy and Radioactive Waste Management: An SDGs-Based Study in Banten and West Java Titik Triwulan Tutik; Kunawi Basyir; Mahtumridho Ghufron Bin Simun; Jauharoti Alfin; M. Suyudi
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 20 No. 1 (2026)
Publisher : Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/mnh.v20i1.15916

Abstract

Radioactive waste management is not only a technical and administrative concern but also an ethical, ecological, and intergenerational responsibility. This article reconstructs the concept of eco-maqāṣid al-sharī‘ah as a normative framework for strengthening corporate social responsibility (CSR) policies in radioactive waste management in Banten and West Java, Indonesia. Existing regulatory frameworks tend to prioritize procedural compliance, risk control, and institutional administration, while giving limited attention to moral accountability, ecological justice, and community-based responsibility. Using a normative legal method supported by conceptual and policy analysis, this study examines statutory regulations, corporate reports, international safety standards, and relevant Islamic legal literature. The findings show that eco-maqāṣid, particularly the protection of life, future generations, and the environment, offer a transformative ethical foundation for developing Sharia-based CSR in radioactive waste governance. The cases of Banten and West Java demonstrate the urgency of integrating Islamic environmental ethics into risk mitigation, public transparency, community participation, and corporate accountability. The study’s main novelty lies in proposing Eco-Sharia Governance, a maqāṣid-based policy model that bridges national legal frameworks, international radioactive waste standards, SDGs 3, 6, 12, and 13, and Islamic ethical values. This model contributes to a more holistic approach to radioactive waste management by shifting CSR from mere corporate obligation toward ecological responsibility, public safety, and intergenerational justice
Reconstructing Maqāṣid al-Nikāḥ: A Comparative Analysis of Gender Rights in Indonesian and Iranian Marriage Law Thoat Stiawan; Salman Al Farisi; Norcahyono; A Hisam Sidqi; Ummi Bariroh
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 20 No. 2 (2026)
Publisher : Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090//mnh.v20i2.15631

Abstract

The transformation of Islamic family law in the contemporary era demands a repositioning of maqāṣid al-nikāḥ to be more responsive to the protection of gender rights. Indonesia and Iran represent two different models of legal codification in translating the principle of substantive justice into marriage regulations. This study aims to dissect the dynamics of gender rights protection regarding polygamy, divorce, custody, and inheritance in Indonesia and Iran through the lens of Jasser Auda’s System Theory. This study is a qualitative research with a comparative-juridical approach. The analysis is conducted by comparing the normative texts of the Indonesian Compilation of Islamic Law (KHI) and the Iranian Civil Code (Qānūn-e Madanī), as well as functional data on their implementation in the courts. The results of the study indicate that Indonesia applies the “Judicial Formalism” model that prioritizes state intervention as a guarantor of women’s rights. In contrast, Iran applies the “Contractual Protection” model that relies on private autonomy in the marriage contract (‘aqd-nāmeh). Indonesia is more progressive in the flexibility of custody and joint property rights, while Iran is very strong in financial security through the mahrieh mechanism. This study concludes that the repositioning of maqāṣid al-nikāḥ from biological preservation to the protection of human dignity (karāmah al-insāniyyah) is highly dependent on the legal system’s openness to sociological realities and universal human rights standards.  
Self-Defense in the Iran-Israel Conflict: Protecting Third-State Sovereignty, A Comparative Analysis of International Law and Islamic Legal Theory Imamul Arifin; Hilmy Baihaqy Yussof; Erdah Litriani; Siti Nasikhah; Nasrul Fauzi
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 20 No. 2 (2026)
Publisher : Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/mnh.v20i2.16335

Abstract

This article challenges the conventional discourse on military self-defense by interrogating the unexamined consequences of the Iran-Israel conflict: the collateral erosion of sovereignty in neighboring Muslim states. Through a normative-juridical analysis of International Law and Siyāsah Syar'iyyah, we reveal a critical disjuncture. While International Law theoretically protects third-party states under the principle of non-intervention, its application is rendered moot by the strategic interests of major powers. Conversely, Siyāsah Syar'iyyah, through the classical doctrines of fiqh al-Siyar and tamyīz (distinction), provides a granular ethical framework that International Law lacks. The study's primary contribution is the operationalization of ḥimāyat al-bayḍah as a legal counterweight to the UN Security Council's geopolitical paralysis. We argue that cross-border military maneuvers sacrificing neighboring states contravene al-wafa' bi al-'uqud (respect for treaties) and constitute tangible fasād (corruption), nullifying any moral or legal claim to self-defense. Consequently, Muslim states can no longer passively rely on orthodox legal instruments vulnerable to hegemonic distortion. We call for a fundamental reconceptualization of Middle Eastern security architecture, shifting toward an independent, proactive collective defense pact grounded in Maqāṣid al-Sharī'ah, ensuring that the sovereignty of Muslim nations is no longer held hostage to geopolitical rivalries.
Beyond the Radicalism Narrative: Reconstructing Islamic Political Moderation through Shafi'i Jurisprudence in Indonesia Muhammad Abu Dzar; Laras Shesa; Miftahuddin; Mochamad Syaefudin; Nur Solikin
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 20 No. 2 (2026)
Publisher : Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/mnh.v20i2.16354

Abstract

The association of Islamic politics with radicalism has become a dominant narrative in contemporary discussions on religion and politics in Indonesia. Existing studies have largely focused on radical movements, religious extremism, and political Islam. At the same time, insufficient attention has been given to the intellectual traditions that have historically shaped moderate Islamic political engagement. This study examines how Shafi'i jurisprudence provides a normative and adaptive framework for political moderation and explores its relevance in challenging radicalism-centered interpretations of Islamic politics. Using qualitative library research, the study analyzes classical Shafi'i political texts, particularly the works of al-Mawardi, al-Juwaynī, and al-Ghazālī, alongside the historical experiences of Hasyim Asy'ari, Mohammad Natsir, and Nahdlatul Ulama in negotiating the relationship between Islam, politics, and the nation-state. The findings reveal that political moderation in the Shafi'i tradition is constructed through five interconnected principles: public welfare (maṣlaḥah), consultation (shūrā), preservation of social order (ḥifẓ al-niẓām), legal realism, and public accountability. These principles enable a flexible and context-sensitive approach to governance, allowing Indonesian Muslim scholars to selectively adapt classical doctrines while rejecting elements incompatible with democratic pluralism. The study argues that the Indonesian experience demonstrates an adaptive model of Shafi'i political thought that reconciles Islamic normative commitments with constitutionalism, democracy, and national unity. This article contributes to the literature by proposing Adaptive Shafi'i Political Theory, a theoretical framework introduced in this study, to explain how classical Shafi'i political principles are selectively adapted to support constitutionalism, democracy, and national unity beyond the dominant radicalism narrative.