Al-Manahij: Jurnal Kajian Hukum Islam
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 scholarly and professional discourse of Islamic laws. It is a joint initiative of the members of the APIS (Asosiasi Peminat Ilmu Syariah) and the Syariah Faculty of the State Institute of Islamic Studies of Purwokerto (IAIN Purwokerto).
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<![CDATA[Implikasi Yuridis Riwayat tentang Kesalahan Penulisan dalam Mushaf Usmani ]]>
<![CDATA[Rajafi, Ahmad]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol 11 No 2 (2017) ]]>
Publisher : <![CDATA[Fakultas Syariah IAIN Purwokerto ]]>
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DOI: 10.24090/mnh.v11i2.1288
<![CDATA[The history of writing error in the Qur'an derived from Aisha and justified by Khalifa Uthman bin Affan received a different responses among Islamic researchers, both from the strictly rejecting that history of writing (riwayat) until to those who accepted the existence the riwayat but with different "reading". On the legal side (juridical), the existence of that riwayat can result in juridical implications, especially in the methodological aspect. Such thought is not driven by the negative domain, but it must be in a positive domain, where the existence of that riwayat provides more progressive and responsive ijtihad, whether the answer is for the diversion to the difference of qira’at or not, the Islamic texts will be read more critically, so the legal purpose of “suitable in every time and place†would be reached.]]>
<![CDATA[Peran Basyarnas dalam Penyelesaian Sengketa Ekonomi Syariah (Studi Pandangan Pelaku Ekonomi Syariah di Jakarta) ]]>
<![CDATA[Irfan, M. Nurul Irfan]]>;
<![CDATA[Faizin, Afwan]]>;
<![CDATA[Muslim, Bukhori]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol 11 No 2 (2017) ]]>
Publisher : <![CDATA[Fakultas Syariah IAIN Purwokerto ]]>
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DOI: 10.24090/mnh.v11i2.1289
<![CDATA[National Shariah Arbitration Board (Basyarnas) is one of the manifestations of the first established Islamic Arbitration in Indonesia. Basyarnas stands autonomously and independently as one of the legal instruments that resolve disputes of the parties, whether coming from within the environment of Islamic banks, Takaful Insurance, or any other party who needs it. In connection with the Basyarnas function, this article discusses the following three main issues: Firstly, the view of sharia economic actors on Basyarnas. Shariah economic actors generally consider the importance of Basyarnas’s position in settling disputes in Sharia economics. In the last five years (2010-2015) the number of disputes cases in Basyarnas (23 cases) is slightly higher than cases handled by the Religious Courts (20 cases). Secondly, the reason for sharia economic actors chooses the arbitration route because the process is faster, the cost is light and the verdict is final and binding and the secrets of the parties are maintained. Thirdly, the factors that influence the choice are also determined by the level of confidence of the sharia economic actors to the judges’ ability within the Religious Courts to resolve the dispute.]]>
<![CDATA[Konstitusi Ekonomi Syariah di Indonesia (Melacak Argumen Konstitusi terhadap Penerapan Ekonomi Syariah) ]]>
<![CDATA[Syaugi, Syaugi]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol 11 No 2 (2017) ]]>
Publisher : <![CDATA[Fakultas Syariah IAIN Purwokerto ]]>
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DOI: 10.24090/mnh.v11i2.1291
<![CDATA[As a constitution, the Indonesian Constitution of 1945 regulates how the national economic system should be arranged and developed. In the perspective of the constitution, the implementation of the sharia economy does not mean the state directs a particular economic ideology. Philosophically, the ideals of Indonesian economic law is to initiate and prepare the legal concept of economic life. Shariah economy has a strong foundation both formally shariah and formal constitution. Formally shariah means the existence of shariah economy has a strong foundation in the Indonesian legal system. Formally constitution means, in the context of the state, the Shariah economy has a constitutional basis. The existence of laws relating to shariah economy shows that the Indonesian economic system gives a place to the shariah economy.]]>
<![CDATA[Rekonstruksi Ijab dan Kabul dalam Transaksi Ekonomi Berbasis Online ]]>
<![CDATA[Ridwan, Ridwan]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol 11 No 2 (2017) ]]>
Publisher : <![CDATA[Fakultas Syariah IAIN Purwokerto ]]>
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DOI: 10.24090/mnh.v11i2.1294
<![CDATA[In Islamic law, the position of incentives in the economic transaction becomes a determinant factor for the validity of a contract. The technical and consent in the formulation of classical jurisprudence is done physically, marked by a meeting between the parties involved in a contract site. The communication technology revolution has spawned an online-based transaction model that is e-commerce, or e-marketing, through internet technology tools where the parties involved do not meet physically and the contract object cannot be handed over directly. This reality illustrates the existence of gap in the Islamic law theory with an empirical practice that requires a legal answer. This article proves that online-based economic transactions are legitimate contracts in the view of Islamic law based on legal analogy argument, i.e.to equate an online contract with an orderpurchase contract. The construction of consent in an online-based contract must be based on certain norms, namely clarity of specification of goods, means of payment and technicality, technical delivery of goods, terms of the contract cancellation and terms of dispute. These detailed and rigorous rules are an illustration of the importance of caution in conducting online transactions to avoid losses by adhering to the sadd al-zari>’ah method in order to close the possibility of emerging harmful.]]>
<![CDATA[Amil Zakat Menurut Hukum Islam dan Peraturan Perundang-Undangan ]]>
<![CDATA[Rosadi, Aden]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol 11 No 2 (2017) ]]>
Publisher : <![CDATA[Fakultas Syariah IAIN Purwokerto ]]>
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DOI: 10.24090/mnh.v11i2.1295
<![CDATA[Amil zakah (zakah manager/distributor) is one of supporting pillars to the success of zakah management. From juridical view, it is related to Islamic law, but politically it is close to the state policy especially the zakah management policy. The involvement of the state in zakah management depends on the fundamental issue that makes zakah as part of qad}a>’i> and diya>ni> law. Islamic law that has diya>ni> attribute is very dependent on the religious awareness of Islamic society itself. While the qad}a>’i> law involves certain institutions that have legal power to impose and ensure the enforcement of Islamic law in the society. Therefore, zakah managers require strong authority, because they will deal with the community with various level of faith. It is concluded that the success of zakah management should be supported by three aspects, namely substance, structural, and legal awareness.]]>
<![CDATA[Kewenangan Pemerintah Menerapkan Sanksi terhadap Pelaku Distorsi Pasar Berdasar MaqÄsid al-Syarī‘ah ]]>
<![CDATA[Jabbar, Jabbar]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol 11 No 2 (2017) ]]>
Publisher : <![CDATA[Fakultas Syariah IAIN Purwokerto ]]>
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DOI: 10.24090/mnh.v11i2.1296
<![CDATA[The act of speculators distorting the market is quite unsettling. However, the Sharia texts show that this problem can be resolved using moral or akhlÄqÄ«. Then the question is whether the present government can overcome it by using qadÄ'Ä«e imposing sanctions for distortion. Since the nature of Sharia is the universal and eternal, this issue must be answered comprehensively and holistically. For that reason, the maqÄsid approach is operated with istislÄhiyyah method. This method is also referred to as al-ijtihÄd al-maqÄs}idÄ« which is done in two stages, namely takhrÄ«j al-manÄt and tahqÄ«q al-manÄt. It is believed that this method is quite relevant to answer two research questions. Firstly, how is maqÄs}id al-syar'ah in terms of market distortion? Secondly, does the government in syar'i be authorized to impose sanctions on the perpetrators of market distortion? The theory used to highlight this issue is the theory of al-wÄzi' put forward by Ibn ‘ĀsyÅ«r. This conclu that the Sharia wants the circulation of goods in the market run smoothly. To that end, the government may impose sanctions if the distortion is done to the basic goods that can affect massively harm.]]>
<![CDATA[Menyoal Hukum Nikah MisyÄr dalam Potensinya Mewujudkan MaqÄá¹£id Al-Aá¹£liyyah dan Al-Tab’iyyah dalam Perkawinan Umat Islam ]]>
<![CDATA[Busyro, Busyro]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol 11 No 2 (2017) ]]>
Publisher : <![CDATA[Fakultas Syariah IAIN Purwokerto ]]>
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DOI: 10.24090/mnh.v11i2.1297
<![CDATA[The main purpose of marriage is having progeny besides for having happy and restful life. It is common saying that every people that get married are having kids besides other purposes in their lives. Unlike the purpose of common marriage, the main purpose of nikah misya>ris not for having kids. Yet, nikah misya>r is the marriage that aims only to have life together legally and to get sexual pleasure. This kind of marriage is done like common marriage in Islamic law that still fulfils the requirements and the principles of marriage. Some of Ulamas see that nikah misya>r is allowed to do. They argue that the purpose of marriage is not only for having descendant, but also for enjoyment and happiness. Ignoring to have kids in marriage aim actually is not a digression of Islamic rules. Otherwise, some of Ulama strongly forbid this kind of marriage because it does not actualize the interest of marriage that is to have posterity. However, in maqa>ṣid al-aṣliyyah (primary purpose of syari’ah) and maqa>ṣid al-tab’iyyah (secondary purpose of syari’ah) view, nikah misya>r should be banned because it clearly infringes the will of The Lawmaker, al-Syâri’ (Allah).]]>
<![CDATA[Polemik di Seputar Hukum Isbat Nikah dalam Sistem Hukum Perkawinan Indonesia ]]>
<![CDATA[Sururie, Ramdani Wahyu]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol 11 No 2 (2017) ]]>
Publisher : <![CDATA[Fakultas Syariah IAIN Purwokerto ]]>
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DOI: 10.24090/mnh.v11i2.1299
<![CDATA["Isbat nikah" is the verification of a marriage. Juridically, marriage verification is regulated under the laws such as Law No. 1 of 1974 on Marriage, Law Number 7 of 1989 on Religious Courts, and Law No. 3 of 2006 and Law Number 50 of 2009 on Changes in the Religious Courts Act. The regulations stipulate that marriage verification is allowed for marriage performed before the Law Number 1 of 1974. In practice, marriage verification submitted to the Religious Court is done after the enactment of Law Number 1 of 1974. The acceptance of "marriage verification" by the Religious Court for the marriage taken place after the 1974 Marriage Law was based on the Compilation of Islamic Law (KHI), whereas KHI's legal status is not included in the Indonesian legal order. The essence of marriage verification is a legal determination. This means that a verified marriage remains valid because the marriage that is verified is merely on administrative reason. The position of marriage verification is a part of giving legal protection and legal certainty. The position of the KHI, which regulates in more detail the marriage verification, functions regulatively in the midst of a vacuum of religious judicial law. In addition, the judge may decide whether to grant or deny the application of marriage verification. Thus, it can be concluded that the nature of marriage verification is a part of legal discretion.]]>
<![CDATA[Kedudukan Korban Penyalahgunaan Narkotika dalam Hukum Pidana Indonesia dan Hukum Pidana Islam ]]>
<![CDATA[Ariyanti, Vivi]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol 11 No 2 (2017) ]]>
Publisher : <![CDATA[Fakultas Syariah IAIN Purwokerto ]]>
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DOI: 10.24090/mnh.v11i2.1300
<![CDATA[The term of drug abuse victims in the Act No. 35 of 2009 on Narcotics refers to a person who inadvertently uses narcotics, for being persuaded, tricked, deceived, coerced, and/or threatened to use narcotics. However, both addicts and the individual self-use drug abusers are in factvictims of syndicates of illicit narcotics trafficking. In addition, the spirit contained in the Narcotics Act also implies that narcotics addicts and abusers are victims of criminal acts of others in the form of illegal drug trafficking.Therefore, the Narcotics Act stipulates the obligation to undergo medical rehabilitation and social rehabilitation for addicts and self-use of drug abusers.On the contrary, Islamic law does not distinguish the term addicts, narcotics abusers, or victims of narcotics abuse. Islamic law tends to equate all these categories as perpetrators of narcotics abusers except those who are truely forced by others. In Islamic law, the punishment for them according to some scholars is the sanction of h}udu>d which is equated with the khamr (alcohol) drinkers, that is whipped as much as eighty times. While the opinion of other ulema, the penalty is ta’zir, of which form submitted to the ruler/government/judge. Thus, this type of ta’zir sanction in Islamic law is more in line with the prevailing laws and regulations in Indonesia.]]>
<![CDATA[Dekonstruksi Hijab (Kajian Sosio-Historis terhadap Konstruksi Hukum Hijab dalam Islam) ]]>
<![CDATA[Nuroniyah, Wardah]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol 11 No 2 (2017) ]]>
Publisher : <![CDATA[Fakultas Syariah IAIN Purwokerto ]]>
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DOI: 10.24090/mnh.v11i2.1301
<![CDATA[Hijab has always been a controversial issue. Some Muslims consider it a mandatory command of God, while others consider it a cultural practice that can change so that the law is not the wearing of hijab itself. This paper examines the meaning of hijab in the Qur'an by using a mechanism commonly referred to as double investigations / double movement, i.e. by examining the context of the first time the hijab was revealed, to whom and how was the social construct of the hijab when the verses of hijab was firstly enforced. The next investigation is the semantic meaning contained in the hijab rhetoric and its sociological implications. In terms of the methodology for this study of hijab, the authors perform a falsification test to find out whether the hijab concept that has existed is still relevant to present reality or not, and to seek the truth that is adapted to the present reality. This paper concludes that the Qur'anic teaching on hijab can adapt to the context of a modern woman as smoothly as it adapted to the early Muslim community 14 centuries ago. This adaptation can be proven if the Qur'anic texts are interpreted by taking into account the social context of Muslim societies with their social changes.]]>
