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Al-Manahij: Jurnal Kajian Hukum Islam

almanahij
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Published by Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

ISSN : 19786670 EISSN : 25794167 DOI : -

Core Subject : Education,

Education

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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Articles 11 Documents

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Search results for , issue "Vol 13 No 2 (2019)" : 11 Documents clear

Analisis Jaminan pada Pembiayaan Muá¸Ärabah dalam Perspektif MaqÄá¹£id Al-SyariÌ„â€˜ah Lestari, Dini Maulana
Al-Manahij: Jurnal Kajian Hukum Islam Vol 13 No 2 (2019)
Publisher : Fakultas Syariah IAIN Purwokerto

This paper analyzes the concept of muá¸Ärabah as the main product in sharia banking, where the financing product should be excellent in its marketing. However, muá¸Ärabah financing products are often faced with complicated portfolios and low market shares because they are indicated by high levels of financial risk. To bridge this, collateral is one of the tools used by the Sharia Bank in order to minimize these risks. This type of research is literature with a qualitative-explorative descriptive approach. The results showed that the collateral in muá¸Ärabah financing functions as a Shariah Bank intervention tool to create benefits for creditors and debtors in the event of default in their business, also to avoid moral hazard activities and asymmetric information.

Al-Qardawiâ€™s Thought on Zakat of Stocks in a Modern Industry: an Experience of Indonesia Dakhoir, Ahmad
Al-Manahij: Jurnal Kajian Hukum Islam Vol 13 No 2 (2019)
Publisher : Fakultas Syariah IAIN Purwokerto

This paper studies on al-Qaradawiâ€™s stock zakat in the millennial era and modern industry. The main purpose of the study is to elaborate several points of significance of stock zakat within huge benefits of the capital market in Indonesia; therefore, this paper is a content analysis type of study using a literature study approach. In the meantime, the primary resource for the literature is a kitab (book) entitled fiqh al-zakat by Yusuf al-Qaradawi published in 1973. The crucial point emphasized by the paper is that al-Qaradawiâ€™s thoughts and opinions on stock zakat have been proven that he was such a progressive ulama (Islamic scholar), even he is in the current industrial revolution era. He has shown that such critical and innovative thoughts, either in zakat or other aspects. Al-Qaradawi points out that stock is categorized into traded goods so that it is an object of zakat; 2.5% of total stock should be taken out to those deserving. Indonesia as a country with the biggest Muslim majority in the world has been implementing stock zakat when one of the companies namely PT Henan Putihrai Sekuritas issued this kind of zakat. This made Indonesia the first country to proceed with stock zakat as the application of al-Qaradawiâ€™s thoughts and opinions after 45 years.

Tradisi Penyelesaian Sengketa Kewarisan Masyarakat Kalimantan Tengah (Studi pada Kabupaten Katingan dan Kota Palangka Raya) Pelu, Ibnu Elmi Achmat Slamat; Syaikhu, Ahmad; Tarantang, Jefry
Al-Manahij: Jurnal Kajian Hukum Islam Vol 13 No 2 (2019)
Publisher : Fakultas Syariah IAIN Purwokerto

The people of Central Kalimantan, especially in the District of Katingan and the City of Palangka Raya in resolving inheritance disputes prioritize deliberations by peaceful means and do not conflict with Islamic law. Because, Islamic law also accommodates customary laws, as long as it does not conflict with Islamic tenets. The tradition of resolving the inheritance disputes of the people of Central Kalimantan in the Katingan Regency and Palangka Raya City is in accordance with the custom in resolving inheritance disputes prioritizing peace by using Islamic law first and then holding a meeting to agree on the determination of shares and distribution of assets. The legal enforcement of the settlement of inheritance disputes in the community is recognized absolutely and they also apply farÄâ€™id (Islamic inheritance) law first, then deliberations are carried out in a family consensus with the principle of peace.

Argumentasi Fikih Klasik bagi Perempuan Haid dalam Beraktivitas di Masjid, Membaca dan Menyentuh Al-Qurâ€™an Kudhori, Muhammad
Al-Manahij: Jurnal Kajian Hukum Islam Vol 13 No 2 (2019)
Publisher : Fakultas Syariah IAIN Purwokerto

When Muslim women had their menstrual cycle or period, they often deal with problems, especially those which related to mosque activities. Because in the mainstream Jurisprudence studied in Islamic boarding schools which is influenced by the Shafi'i madhhab, menstruating women are prohibited from doing activities in the mosque, including holding and reading the Qurâ€™an. This argument will limit their activities in the mosque. Therefore, there have to be some solution to solve this problem. In the classic fiqh discourse, some of ulamas said that they are allowed to do some activities in the mosque, touching/holding and reading the Qurâ€™an. Unfortunately, it is not common for boarding school to use this rule and considered as a weak argumentation, and become rarely applied. Moreover, this argumentation is out of four madhhab. If we research it deeper, this argumentation comes from the credible classic ulamas, which have a strong legal foundation and giving more positive effect for menstruating women. This argumentation can be used as a solution; therefore women can normally do their activities without feeling guilty of breaking the rules, i.e. Islamic rules. In the fiqh and Uá¹£Å«l al-Fiqh, even the weakest and uncommon opinion can be applied in the certain times and places based on several reasons.

Kebijakan Penanganan Pengungsi di Indonesia Perspektif MaqÄá¹£id Al-SyarÄ«â€™ah Yulianto, Rohmad Adi
Al-Manahij: Jurnal Kajian Hukum Islam Vol 13 No 2 (2019)
Publisher : Fakultas Syariah IAIN Purwokerto

The problematic of humanism in many countries resulted in a phenomenon of transnational refugee migration. Indonesia is one of a country which has received a massif influx of refugee waves aimed to obtain asylum. This study discussed the policy of handling refugees in Indonesia from the maqasid sharia as perspective. Maqasid sharia, as one of the Islamic law methodological approaches, helped of understanding social phenomena which positioned the interest (maslaha) as the core treatise. This study aimed to explain that the interaction between maqasid sharia as perspective and the development of national regulation, included the regulation in handling refugees, resulted in three models of policy (instructive, integrative, and adaptive). The instructive policy implemented through taqnin model, which is issued by the state authority as a positive norm. An integrative policy implemented through the eclectic model adopted the finest part from both national law and Islamic law. The adaptive policy implemented when important elements of Islamic law affirmed national policy which contained fundamental principles of universal humanism as part of sharia.

Positivisasi Hukum Keluarga Islam sebagai Langkah Pembaharuan Hukum Islam di Indonesia: Kajian Sejarah Politik Hukum Islam Ma'rifah, Nurul
Al-Manahij: Jurnal Kajian Hukum Islam Vol 13 No 2 (2019)
Publisher : Fakultas Syariah IAIN Purwokerto

This paper discusses the making Islamic family law a formal law in the perspective of the political history of Islamic law in Indonesia, which cannot be separated from the role of the regime since the beginning of the Old Order era. In this era, the regime showed its alignment with the renewal of Islamic law. However, when the regime was not as firm and tended to be democratic, as it was during the Reformation era, Islamic family law reform tended to be stagnant. On the other hand, the history of Islamic family law renewal also experienced ups and downs because it is affected by political configurations, in which Indonesian Muslims attitudes could be classified into progressive and Islamist groups. Progressive groups try to fight for the renewal of Islamic family law contextually; whereas Islamist groups are more textual in responding to Islamic family law reform.

Pembaruan Hukum Islam tentang Empat Saksi Laki-Laki Non-Muslim dalam Kasus Li'an Mansyur, Zaenudin
Al-Manahij: Jurnal Kajian Hukum Islam Vol 13 No 2 (2019)
Publisher : Fakultas Syariah IAIN Purwokerto

Changes in the field of law are important matters that cannot be prevented by anyone, including Islamic law related to civil and criminal law. Specifically, in the discussion of Islamic criminal law regarding allegations of adultery (li'an), the accuser who is obliged to bring four male Muslim witnesses can turn into four non-Muslim male witnesses, because it is based on strong arguments so that non-Muslims who were initially illegitimate as witnesses become allowed. The change in law became apparent when an argument that said anyone could be a witness provided that the terms and conditions were sufficient as a witness. The legality of the four non-Muslim male witnesses is very strong when there is an argument based on the word of God regarding four witnesses who are not clearly stated whether they are Muslims or non-Muslims. Likewise, the reason that today's society is a modern and pluralistic society can provide a view of freedom for non-Muslim communities to stand witnesses to defendants in li'an cases or accusations of adultery.

Studi Komparasi Pengelolaan Dana Wakaf di KSPPS BMT Daerah Istimewa Yogyakarta Achiria, Siti; Priyadi, Unggul
Al-Manahij: Jurnal Kajian Hukum Islam Vol 13 No 2 (2019)
Publisher : Fakultas Syariah IAIN Purwokerto

In a provision of Law No. 41 of 2004 concerning Waqf, it is mentioned that the management of waqf is performed by nadzir, whether individual, organization, or legal entity. One of Islamic financial institutions that can manage waqf is KSPPS BMT with its role in social function (al-mÄl). Although some KSPPS BMTs have managed waqf fund, in reality, not all of them are registered in Indonesian Waqf Agency (BWI). In fact, license as nadzir is mandatory for whoever managing waqf. This study aimed to: 1) Revealing the differences and similarities of KSPPS BMT registered and not registered in BWI Center; 2) Describing the implications of the differences. This study was conducted using a qualitative method that involved KSPPS BMT waqf fund managers in Special Region of Yogyakarta and concludes that the differences are found in terms of legality, reports of waqf fund management and supervision by the BWI which is the fundamental for all waqf manager institutions. In addition, the similarities could be found in the collection, empowerment, and distribution of waqf fund. The differences between KSPPS BMTs registered and not registered in BWI have implications on some parties, including BWI, KSPPS BMT, and wÄqif (person performing waqf).

Sanksi Pidana pada Hukum Keluarga di Indonesia Rajafi, Ahmad
Al-Manahij: Jurnal Kajian Hukum Islam Vol 13 No 2 (2019)
Publisher : Fakultas Syariah IAIN Purwokerto

The purpose of a marriage is to form a happy, prosperous and loving family, or in terms of Law No. 1 of 1974 concerning Marriage, is a happy family. The purpose of the marriage will be able to be realized when the people involved in marital practices follow the rules of applicable law and not with an intention to trick or break the law. Because there are persons who commit irregularities in marriage law, progressive and responsive legal breakthroughs are also needed, using local wisdom values that live in the community, namely in the form of criminal sanctions for violators. Criminal sanctions that can be born in family law can be analogous to the penalties that have lived in local communities such as fines, prison rooms and prison villages, and sentences of eviction from their homes to distant places. For this reason, presenting criminal sanctions in Indonesian marriage law is an inevitability.

Analisis Program Kampung Keluarga Berencana Perspektif MaqaÌ„á¹£id Al-SyariÌ„â€™ah (Studi di Kampung Logam Ngingas Waru Sidoarjo Jawa Timur) Musyafaah, Nur Lailatul
Al-Manahij: Jurnal Kajian Hukum Islam Vol 13 No 2 (2019)
Publisher : Fakultas Syariah IAIN Purwokerto

This article analyzes the programs of family planning village in the Ngingas Waru Village, known as the Kampung Logam (Blacksmith Village), Sidoarjo, East Java in the perspective of maqÄá¹£id al-SyarÄ«'ah (the theory of sharia objectives). In Islamic law, the family planning program is disputed, including the use of contraceptions. The author examines the implementation of the village planning program consisting of Tribina (BKB, BKR, BKL), UPPKS, and PIK-RM, in which they are then analyzed with the concept of maqÄá¹£id al-syarÄ«'ah. The results of the study concludes that the purpose of the formation of the family planning village programs in Ngingas is to improve a prosperous community, both in the fields of religion, health, education, descent, and economy. This concept is in accordance with the objectives of á¸¥if al-mujtamaâ€™ or á¸¥ifáº“ al-ummah in order to protect the rights of citizens related to maintaining the religion, the lives, the consciousness, the lineage, and the wealth.

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