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Muhammad Fuad Zain
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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 383 Documents
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Middle Eastern Geopolitics and the Transformation of Islamic Law: An Analysis of Islamic Politics in Muslim Countries Kunkunrat; Priangani, Ade; Achmad, Willya
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.v20i1.16028

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 Long, Ahmad Sunawari; Saujan, Iqbal; Nafees, Seeni Mohamed Mohamed; Razick, Ahamed Sarjoon; Jubba, Hasse
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.v20i1.15430

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 Kamaluddin, Imam; Lahuri, Setiawan bin; Hidayat, Iman Nur; Nasution, Saipul; Kanggas, Fazari Zul Hasmi; Mahmud, Hafini bin
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.v20i1.15954

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".

Page 39 of 39 | Total Record : 383

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