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[Monopoli dalam Perspektif Jarīmah Ta‘zīr (Studi Putusan di Komisi Pengawas Persaingan Usaha) ]]>
<![CDATA[Makmun, Moh.]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol 12 No 2 (2018) ]]>
Publisher : <![CDATA[Fakultas Syariah IAIN Purwokerto ]]>
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DOI: 10.24090/mnh.v12i2.1244
<![CDATA[This study is motivated by many cases of monopoly that cause consumer losses, and the absence of clear rules related to monopoly in the perspective of Islamic criminal law. The type of this research is field research using a comparative approach and the maqÄá¹£id al-syarī‘ah approach (the purpose of Islamic law). The results of the study concluded that first, monopoly is contrary to Law No. 5 of 1999. Second, monopoly is contrary to the purpose of Islamic Shari'ah in the form of safeguarding property. Third, the monopoly in Islamic criminal law is a form of criminal offense because it violates the provisions of Islamic law, due to elements of fraud, engineering requests (offers), hoarding, cooperating in criminal acts, and inhibiting other business actors. In addition to the sanctions of monopoly actors according to Law No. 5 of 1999 in the perspective of Islamic criminal law are as follows: (1) administrative sanctions are in accordance with muamalah fiqh rules and basic legal rules; (2) the main criminal sanctions are in accordance with Islamic sharia provisions, but the sanctions need to be added by paying CSR as a return on profits; (3) additional criminal sanctions are also in accordance with the provisions of Islamic law; and (4) prisons are additional sanctions, not sanctions of choice.]]>
<![CDATA[Rekonstruksi Metodologi Fikih Kontemporer ]]>
<![CDATA[Ansori, Ansori]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol 12 No 2 (2018) ]]>
Publisher : <![CDATA[Fakultas Syariah IAIN Purwokerto ]]>
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DOI: 10.24090/mnh.v12i2.1302
<![CDATA[One of the causes of underdevelopment of Muslims is when fiqh is positioned equivalent to naṣṣ (Holy Scripture). When fiqh is equated with naṣṣ, fiqh becomes sacred, there is no courage for people to criticize it, let alone make changes to existing fiqh provisions. As a product of reason (ijtihÄd), fiqh is not intended as a final legal provision. The ijtihÄd carried out by the generation after the death of the Prophet Muhammad must be made an important lesson for the need for the development of Islamic law (fiqh) to keep abreast of the times. Another important thing is that applying fiqh law must not only follow fiqh products, but also must understand the process. This means that knowing the methods used by jurists (fuqahÄ’) to process fiqh births should not be ruled out. Understanding the methods used by jurists (fuqahÄ’) will open the development of fiqh in the global era, so that fiqh products as a guideline for Muslims will remain relevant and responsive and able to solve contemporary problems.]]>
<![CDATA[Zakat Tanaman Menurut Ulama Dayah Aceh Perspektif MaqÄsÌ£id Al-Syarī‘ah ]]>
<![CDATA[Alimuddin, Alimuddin]]>;
<![CDATA[Desky, Harjoni]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol 12 No 2 (2018) ]]>
Publisher : <![CDATA[Fakultas Syariah IAIN Purwokerto ]]>
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DOI: 10.24090/mnh.v12i2.1360
<![CDATA[This study examines the reasons for Achehness Ulama of Dayah regarding plants and seeds that are subject to zakat. How the logic of thinking used by these ulama and their relationship with maqÄá¹£id al-syarī‘ah (syariah legal purposes). This research focuses on the legal substance of zakat as intended by the Qur’an and Hadith, then it is analyzed from the side of maqÄá¹£id al-syarī‘ah. The results of this study indicate that Acehnese Ulama argues that zakat of plants is only rice or a kind of staple food, on the grounds that it is a staple food of a country’s population, which has filling properties and can be stored and lasted. Other plants such as oil palm, cocoa, coffee, even though they are productive they are not zakatable wealth, because they do not meet these criteria. The legal reasoning of the Acehness Ulama uses the deductive method with the bayani (language) approach. On the other hand, the Acehness Ulama does not deny that the search for maqÄá¹£id al-syarī‘ah can be done through in-depth study, but it is not yet certain that the obligations of zakat on productive plants can be formulated through this approach, so they reject it. According to them, the command of zakat can only be understood from the side of ta‘abbudÄ« (worship approach), not through ta‘aqqulÄ« (resourceful approach).]]>
<![CDATA[Perceraian dalam Keluarga Muslim di Jawa Barat ]]>
<![CDATA[Sururie, Ramdani Wahyu]]>;
<![CDATA[Yuniardi, Harry]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol 12 No 2 (2018) ]]>
Publisher : <![CDATA[Fakultas Syariah IAIN Purwokerto ]]>
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DOI: 10.24090/mnh.v12i2.1361
<![CDATA[This study aims to describe the causes of high divorce rates in Muslim families in West Java based on the decisions of the Religious Courts, and this study also aims to formulate a strategy to prevent the increase in divorce rates. This study uses descriptive analysis method with interview techniques, study documents on the decisions of the Religious Courts and literature studies. The results of this study indicate that the highest cause of divorce in the mulism family in West Java is due to economic factors, there is no harmony and no responsibility. Prevention strategies for increasing divorce rates in West Java need to be done systemically from top to bottom, starting from family education before marriage and during conflicts between husband and wife. Thus, it can be concluded that the cause of the high divorce rate in Muslim families in West Java is due to a lack of commitment and knowledge of the essence of marriage, which makes the marital bond in a Muslim family fragile. The strategy to prevent increasing divorce rates is done systemically involving various elements, namely the government, community institutions, and the Religious Courts.]]>
<![CDATA[The Authority of Majelis Tafsir Al-Qur’an (MTA) Fatwa: Critical Review of the MTA’s Sunday Morning Brochure ]]>
<![CDATA[Nashirudin, Muh]]>;
<![CDATA[Mudofir, Mudofir]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol 12 No 2 (2018) ]]>
Publisher : <![CDATA[Fakultas Syariah IAIN Purwokerto ]]>
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DOI: 10.24090/mnh.v12i2.1634
<![CDATA[This paper discusses the authority behind the Sunday Morning Brochure by Majelis Tafsir Al-Qur’an (MTA). The Sunday Morning Brochure is a study material given on Sunday morning and distributed to MTA members, and they can be regarded as a fatwa or the result of the MTA’s ijtihÄd in understanding the sources of Islamic law. From the documentations and interviews, this research finds that the study materials on the MTA’s Sunday morning brochures have been designed by a team of experts under the supervision of Ahmad Sukina. However, the brochures are, in fact, only prepared individually by the chairman of the team, i.e. Masduki who cannot be said to be authoritative in the istinbÄá¹ or ijtihÄd of Islamic law because he does not meet the criteria as an individual mujtahid in establishing the Islamic law. While using the jargon back to the Qur'an and Sunnah, MTA still uses ijmÄ' and qiyÄs as a proposition though in a very limited case. Other sources than those four, such as istiḥsÄn, maá¹£laḥah, and istiṣḥÄb will not be used by the MTA.]]>
<![CDATA[Diskursus ‘Iddah Berpersepktif Gender: Membaca Ulang ‘Iddah dengan Metode DalÄlah al-Naṣṣ ]]>
<![CDATA[Nuroniyah, Wardah]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol 12 No 2 (2018) ]]>
Publisher : <![CDATA[Fakultas Syariah IAIN Purwokerto ]]>
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DOI: 10.24090/mnh.v12i2.1745
<![CDATA[Generally ‘iddah only applies to women (wives), with the ultimate goal of knowing the emptiness of wife’s womb. But if indeed the sole purpose of ‘iddah is to know the vacuum of the womb, then it is appropriate that ‘iddah is only for women, for only women have wombs. In this case, it means that ‘iddah only relates to sex (gender) and it is natural. However, the function of ‘iddah is not only to know the cleanliness of a wife’s womb, but from some other wisdom such as the prevention of infectious diseases, the period of reconciliation, upholding marital problems, and also serving a period of mourning when one’s partner dies. The wisdom and purpose of ‘iddah is actually an implementation of the concept of general benefits (al-kulliyat al-khams) namely hifẓ al-dÄ«n (for religion), hifẓ al-nafs (for souls), hifẓ al-‘aql (for minds), hifẓ al-nasl aw al-‘ird (for esteems) dan hifẓ mÄl (for properties/wealth). By using the method of dalÄlah al-dalÄlah, and by taking into account the legal reasoning (‘illah al-ḥukm), it is very logically and legally acceptable that the implementation of ‘iddah is not only for women. The enactment of ‘iddah for women (wives) and men (husbands) is at least more upholding the human dignity and human rights ​​when marriage is concerned. This study uses a philosophical approach, with the aim of trying to find benefit values ​​in syariah law from the concept of ‘iddah, which is based on gender equality.]]>
<![CDATA[Menggagas Hak Kekayaan Intelektual Perspektif Hukum Islam ke dalam Hukum Nasional ]]>
<![CDATA[Triana, Nita]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol 12 No 2 (2018) ]]>
Publisher : <![CDATA[Fakultas Syariah IAIN Purwokerto ]]>
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DOI: 10.24090/mnh.v12i2.1747
<![CDATA[This study aims to describe and analyze Intellectual Property Rights (IPR) under the rules of Trade-Related Aspects of Intellectual Property Rights (TRIPs) which are in several respects different from the laws that live in Indonesia. Therefore, it is necessary to initiate Intellectual Property Rights Law that is in accordance with the values that live in Indonesia, the majority of which are Muslim communities. The results of this study illustrate that the legal protection of the owners of InÂtellectual Property Rights (IPR) in Indonesia has been regulated in various laws and regulations that are included in the Intellectual Property Rights Law system. These regulations must refer strictly to the TRIPs Agreement. The Intellectual Property Rights regime with the rules of TRIPs has two sides in the protection of intellectual property rights, on the one hand it protects individual interests from piracy and theft of intellectual property, but on the other hand empirically this leÂgal protection greatly benefits developed countries. Based on this, the Intellectual Property Rights Law must be rebuilt with the source of material law originating from values that live in Indonesian society, namely Islamic law.]]>
<![CDATA[Analisis Crowdfunding Syariah Berdasarkan Prinsip Syariah Compliance serta Implementasinya dalam Produk Perbankan Syariah ]]>
<![CDATA[Novitarani, Anisah]]>;
<![CDATA[Setyowati, Ro’fah]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol 12 No 2 (2018) ]]>
Publisher : <![CDATA[Fakultas Syariah IAIN Purwokerto ]]>
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DOI: 10.24090/mnh.v12i2.1759
<![CDATA[The presence of fintech in the form of crowdfunding with sharia principles can increase financing in Islamic banking. The concept of Islamic crowdfunding must basically be guided by the Qur'an and the Sunnah. This is in accordance with the Fatwa of the National Sharia Council-Indonesian Ulama Council (DSN-MUI) Number 117 / DSN-MUI / II / 2018. Referring to the Fatwa of the DSN-MUI, sharia crowdfunding in its implementation must be in accordance with Islamic law. The suitability of Islamic law with the concept of sharia crowdfunding can be seen from the perspective of shariah compliance, which must be free from gambling (maysÄ«r), usury (ribÄ), fraud (gharar) and wrongdoers (ẓÄlim). Sharia crowdfunding can have at least two types of contracts in the transaction, musyÄrakah and qará¸. The two contracts must fulfill their respective terms and conditions so that the contract implemented can be considered valid. Problems that are often faced in implementing crowdfunding are in terms of legality and security. The problem of the law regarding the practice of sharia crowdfunding needs to be monitored by the National Sharia Board in order to conform to sharia so that people do not hesitate to invest through the sharia crowdfunding platform.]]>
<![CDATA[Hukum Denda dalam Keuangan Publik Islam di Indonesia ]]>
<![CDATA[Aziz, Fathul Aminudin]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol 12 No 2 (2018) ]]>
Publisher : <![CDATA[Fakultas Syariah IAIN Purwokerto ]]>
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DOI: 10.24090/mnh.v12i2.1760
<![CDATA[Fines are sanctions or punishments that are applied in the form of the obligation to pay a sum of money imposed on the denial of a number of agreements previously agreed upon. There is debate over the status of fines in Islamic law. Some argue that fines may not be used, and some argue that they may be used. In the context of fines for delays in payment of taxes, in fiqh law it can be analogous to ta'zir bi al-tamlīk (punishment for ownership). This can be justified if the tax obligations have met the requirements. Whereas according to Islamic teachings, fines can be categorized as acts in order to obey government orders as taught in the hadith, and in order to contribute to the realization of mutual benefit in the life of the state. As for the amount of the fine, the government cannot arbitrarily determine fines that are too large to burden the people. Penalties are applied as a message of reprimand and as a means to cover the lack of the state budget.]]>
<![CDATA[Rekonstruksi Hukum Waá¸`Ä«: Pembaharuan Usul Fikih dan Respon terhadap Kajian Fikih ]]>
<![CDATA[Siregar, Ahmad Sholihin]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol 12 No 2 (2018) ]]>
Publisher : <![CDATA[Fakultas Syariah IAIN Purwokerto ]]>
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DOI: 10.24090/mnh.v12i2.1762
<![CDATA[This study aims to reconstruct the waá¸â€™Ä« law in uṣūl fiqh. This reconstruction is important considering the facts: mubá¹il which is always cited in fiqh, has no referrence to uṣūl fiqh, the ambiguity of waá¸â€™Ä«â€™s definition and its unsystematic function as explained in uṣūl fiqh. The reconstruction of waá¸â€™Ä« law in this article consisted of: 1) adding mubá¹il to waá¸â€™Ä« law. Mubá¹il, as a decree of Allah (khiá¹ÄbullÄh) which stipulates something as the cause of the cancellation of acts, is required in law because it is needed in explaining the law of acts, it is not the opposite of conditions (syará¹), and the decree (khiá¹Äb) about mubá¹il is found in the Qur’an; 2) ‘azÄ«mah should also be determened as khiá¹ÄbullÄh, which stipulates something as a special reason for the enactment of general law from special law, in addition to the initial definition. 3) the waá¸â€™Ä« law should be defined implicitly and exclusively as khiá¹ÄbullÄh, assigned something as determinant factor or measurement for mukallaf’s (legal subjects) deeds. 4) Restructuring of waá¸â€™Ä« law according to its function, i.e. by measuring taklÄ«fÄ« law, it must be divided into three parts systematically, namely: pre-acts (sabab-mÄni`-rukhá¹£ah-’azÄ«mah), in acts (syará¹-mubá¹il), and post-acts (á¹£aḥīhÌ£-bÄá¹il).]]>
