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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 12 Documents

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Search results for , issue "Vol 14 No 1 (2020)" : 12 Documents clear

Dinamika Modernisasi Hukum Islam: Tinjauan Historis dalam Pembacaan Mazhab Sociological Jurisprudence Zayyadi, Ahmad
Al-Manahij: Jurnal Kajian Hukum Islam Vol 14 No 1 (2020)
Publisher : Fakultas Syariah IAIN Purwokerto

This article explores the dynamics of the modernization of Islamic law using the sociological approach. The legal theory used is the history of modern law as a comparative Islamic law in the Muslim world related to its influence in Indonesia. The author associates the sociological jurisprudence with the dynamics of modernization of Islamic law in the Muslim world including Indonesia. The sociological jurisprudence is applied in the study of marriage law issues that still need efforts to modernize the law, because these problems continue to develop and the legal position must always be dynamic in responding to sociological problems that always live in society. Various theoretical influences in the sociology of law and also the sociological jurisprudence have a wider impact on the sociology of Islamic law. This effort to modernize Islamic law is part of the development of modernization theory in the sociology of law, which synergizes integratively between law and society and society and law proportionally. This article seeks to apply the sociology of law in general and the sociological jurisprudence in particular about family law with the case of sociological problems of Islamic law in Muslim societies such as Turkey, Egypt, and Indonesia.

Pengikatan Jaminan Kebendaan dalam Kontrak Pembiayaan MudÌ£aÌ„rabah sebagai Upaya Penyelesaian Sengketa Debitur Wanprestasi (Analisis Putusan Mahkamah Agung Nomor 272/K/AG/2015 tentang Pembiayaan Mudharabah) Harahap, Mhd. Yadi
Al-Manahij: Jurnal Kajian Hukum Islam Vol 14 No 1 (2020)
Publisher : Fakultas Syariah IAIN Purwokerto

The imposition of collateral in mudÌ£aÌ„rabah financing contracts is a separate issue for Islamic banks even though in principle Islamic banks are not required to ask for collateral, but in practice, collateral is one of the elements that must be met by business actors in mudÌ£aÌ„rabah financing contracts. When the collateral is not applied, problems often arise in the case of debtor default. The problem in this study is whether the imposition of collateral can be used as an effort to resolve debtor disputes in mudÌ£aÌ„rabah financing contracts. To answer the research question, the method used is a normative juridical research method where the law is not only seen as law in books but also the law in action with the statutory approach and case study approach, namely the decision of the Mahkamah Agung. The results of the study presented that binding guarantees in mudÌ£aÌ„rabah financing contracts can be used as anticipation to minimize the risk of loss based on article 39 of Law no. 21 of 2008 concerning Islamic Banking. When the business actor defaults, neglects, and breaches the contract in mudÌ£aÌ„rabah financing, the guarantee can be used as an effort to mitigate the settlement of mudÌ£aÌ„rabah financing disputes to pay off obligations to Islamic banks.

Respon Fikih terhadap Perkembangan Teknologi Rukyat Sakirman, Sakirman
Al-Manahij: Jurnal Kajian Hukum Islam Vol 14 No 1 (2020)
Publisher : Fakultas Syariah IAIN Purwokerto

The method used to determine the beginning of the Islamic month which refers to the hilal regularity is called rukyat. The central issue of rukyat disruption is the problem of visual contrast of sky twilight, namely the difference in light or the color between the object and the foreground. The hilal (the new crescent moon) is dim, thin, and its color is almost the same as the sky around it so it makes the human eyes in a normal state unable to see directly the hilal without using the tools. Moreover, the technology of rukyat has developed significantly by discovering the optical technology named the rukyat telescope. However, this telescope is not able to identify hilal (the new moon), because it is only functioned to collect the light; so, when the twilight (syafak) light is strengthened, the hilal light is also equally strengthened. Furthermore, rukyat technology that is possibly used is digital imaging assisted by software that works to increase the light contrast so that the hilal can be seen by the visual eyes. Finally, digital imaging technology has an important role as a media verifier of the testimony stated by someone seeing the hilal, contrarily, its validity is doubtful. In responding to the development of technology used for finding the new crescent (rukyatulhilal), both classical and contemporary fiqh scholars give positive responses related to the use of rukyat tools that aim to facilitate the process of seeing the crescent (rukyatulhilal), especially in terms of clarifying the crescent sight object so that the new moon can be seen with the visual eye.

Revitalisasi Penerapan Qanun Nomor 6 Tahun 2014 tentang Hukum Jinayat di Kota Langsa Aceh Junaidi, Junaidi; Bin Muhammadiah, Muhammad Rusdi; Muhazir, Muhazir
Al-Manahij: Jurnal Kajian Hukum Islam Vol 14 No 1 (2020)
Publisher : Fakultas Syariah IAIN Purwokerto

This paper examines the problem of implementing the qanun jinayat in Langsa City Aceh Darussalam after the stipulation of Qanun Number 6 of 2016 concerning Jinayat Law, there are at least two groups of pros and cons to the enforcement of the Qanun Jinayat, the pro groups consider that the enforcement of the Jinayat Qanun is already good otherwise the contra group views that the enforcement of the Jinpu Law Qanun Jinayat is not optimal and seems to be selective so that many people underestimate the task of wilayatul hisbah and the Islamic Sharia Service. This type of research is non-doctrinal and the approach used is the sociological approach. Data collection techniques used are interviews and documentation. After conducting research it was found that enforcement of qanun jinayat in Langsa City Aceh Darussalam has not been implemented well. This is caused by several factors, namely: (1) the legal substance which shows that the contents of the qanun jinayat in Aceh are weak from the aspect of legal protection for women so that it is considered discrimination; (2) the legal structure relating to law enforcement is felt not to be firm against perpetrators of violations of the qanun jinayat; (3) the culture of legal awareness of the community is low so that jinayat violations still occur; (4) morality of law enforcement and fifth, legal support facilities.

Perlindungan Hukum Perjanjian Bagi Hasil Petani Garam di Kabupaten Pamekasan dalam Perspektif Hukum Islam dan Hukum Perdata Syamsi, Achmad Badarus; Qomaro, Galuh Widitya
Al-Manahij: Jurnal Kajian Hukum Islam Vol 14 No 1 (2020)
Publisher : Fakultas Syariah IAIN Purwokerto

The function of approval in an agreement (contract) is as a statement between the two parties on their respective rights and obligations so that if there are parties whose rights are not fulfilled, they can feel protected and demand these rights. Therefore, it is appropriate that an agreement on a contract must be carried out properly so that it can guarantee the rights of both parties. Madura Island is the best salt field in Indonesia, so there are many contracts between farmers and salt landowners. This article discusses the pattern of revenue sharing between farmers and salt landowners in Pamekasan Regency using the schemes of a half to a third and one fifth to two fifths. These revenue sharing patterns have different rights and obligations. The difference is a bigger obligation to those who get half. The author found that the pattern of production sharing agreements made by farmers and salt landowners in Pamekasan Regency according to the Agreement Law and Islamic Law did not meet the basic principles of agreement, because the agreement was made only verbally and there were no witnesses so that it had an impact on the lack of protection for farmers and the absence of witnesses causes no clarity on the boundaries of the contract.

Ù…Ù‚ØµØ¯ ØÙØ¸ Ø§Ù„Ø£Ù…Ø© ÙÙŠ ØµÙ„Ø§Ø© Ø§Ù„Ø¬Ù…Ø¹Ø©: Ø¯Ø±Ø§Ø³Ø© ØªØÙ„ÙŠÙ„ÙŠØ© Ù…Ù† Ø®Ù„Ø§Ù„ ØÙ‚ÙŠÙ‚Ø© ÙˆØ´Ø±ÙˆØ· ØµÙ„Ø§Ø© Ø§Ù„Ø¬Ù…Ø¹Ø© ÙÙŠ Ø§Ù„Ù…Ø°Ø§Ù‡Ø¨ Ø§Ù„Ø£Ø±Ø¨Ø¹Ø© Mochamad Baqir, Zaenal Abidin
Al-Manahij: Jurnal Kajian Hukum Islam Vol 14 No 1 (2020)
Publisher : Fakultas Syariah IAIN Purwokerto

Friday Prayer is one of the obligatory services for all Muslims in the world. Aside from being an obligation, Friday prayers are also a gathering place and are a unifying symbol of Muslims. The problem that arises at this time is that many people do not perform Friday prayers; even Friday prayers are held in various mosques in one neighbourhood. This fact denies the essence of Friday prayers. The method used in this paper is a qualitative method with a normative approach. This article aims to find out the purpose of the law (maqÄá¹£id al-syarÄ«'ah) from the Friday prayers. From the various schools of jurisprudence the four schools can be seen that all the Imams of the schools agreed on the prescribed conditions of Friday prayers and all Muslims must carry them out. The obligation to carry out this Friday prayer, besides aiming at carrying out compulsory worship, is also a gathering place and a symbol of the unity of Muslims. Brotherhood and unity of Muslims can be done if one ward is only held one Friday prayer. This is different from the fact that runs at this time, where many Muslims in one region or neighbourhood perform Friday prayers with more than one mosque. This fact will contradict the intrinsic purpose (al-maqÄá¹£id al-á¸¥aqÄ«qÄ«) of the Friday prayer.

Menakar Kesyariahan Fintech Syariah di Indonesia Aziz, Fathul Aminudin
Al-Manahij: Jurnal Kajian Hukum Islam Vol 14 No 1 (2020)
Publisher : Fakultas Syariah IAIN Purwokerto

The development of information technology penetrated into all financial sectors, including sharia financial technology (Fintech). OJK as a regulator of the financial industry has issued regulations, to anticipate the development and utilization of IT in the financial industry such as lending, personal finance, crowdfunding, electronic money, investment investments, payment gateways, wealth management, and various other startups. Shari'ah literacy needs to be improved by giving an understanding that shari'ah is label and nature, theory, and practice, so halal is measured by how many elements of sharia are fulfilled. As for the elements of Islamic fintech in Indonesia, among others, accountability, transparency of information, fairness, equality, social piety, avoidance of transactions that are reckless, maysir, gharar, risywah, tadlis, israf, and halal. different amounts depending on how much the shari'a element is fulfilled. The greater the halal dose is fulfilled, the greater the halal, and vice versa the smaller the halal element is fulfilled, the smaller the halal value of its fintech transactions.

Mitigasi Resiko Investasi Bodong dan Aktualisasi Nalar Istiá¹£lÄá¸¥ Arif, Firman Muhammad
Al-Manahij: Jurnal Kajian Hukum Islam Vol 14 No 1 (2020)
Publisher : Fakultas Syariah IAIN Purwokerto

This paper explores investments with manipulation and embezzlement. The reality of bulging investment development is considered to never die, even the number of victims and losses from year to year is increasingly fantastic in some areas. The fact of the rise in casualties and fantastic losses in the offense of the bulging investment is analyzed, elaborated, and formulated using the istiá¹£lÄá¸¥ reasoning device as classical legal reasoning that is in line with regulations and is considered still relevant to the current context. This is a qualitative research that describes reality in society or is taken from a variety of sources that are minimal from manipulation and illusion so that the observations made are synergized with sensing or trusted. The results showed that efforts to minimize the impact of the rampant bulging investment were anticipated by the actualization of reasoning in both normative and empirical ways. The style of istiá¹£lÄá¸¥i reasoning with its two segments namely maá¹£laá¸¥ah mursalah and Å¼arÄ«â€™ah are collaborated with a legal or regulatory approach sourced from the government to degrade the fantastic number of victims to be drastic. Financial literacy education and law enforcement need to get primary attention.

Dinamika Poligami di Tengah Budaya Oligarkis-Patriarkis (Studi pada Masyarakat Poliwali Mandar dan Konawe Sulawesi) Sadat, Anwar; Ipandang, Ipandang
Al-Manahij: Jurnal Kajian Hukum Islam Vol 14 No 1 (2020)
Publisher : Fakultas Syariah IAIN Purwokerto

This article attempts to look at the other side of polygamy in the context of Islamic law amid oligarchic-patriarchal culture. During this time, there are people who think the reality of polygamy as a normal action performed. But there are some state that marriage should be practiced with the true principles of monogamy. Therefore, the article focuses on the wisdom of the polygamy reality experienced by the people of Polewali Mandar district in West Sulawesi and Konawe in Southeast Sulawesi based on normative narratives. The conclusion of this article is the reality of polygamy appears inseparably from the theological and cultural foundation of value-patriarchal oligarchic. Hence, the Quranic verse interpretation greatly influences the thought and practice of marriage in a society. Like the one phrase (fa wÄá¸¥idah) in QS. an-Nisa verse 3 which is interpreted not to prohibit a polygamy but the demand to marry another wife besides the first wife if she is unable to be fair. If a man is able to be fair in the matter of material, then he is permitted to marry at least four women at the same time.

Urgensi dan Legitimasi Fatwa Majelis Permusyawaratan Ulama Aceh Nomor 3 Tahun 2018 tentang Penetapan Arah Kiblat Ismail, Ismail
Al-Manahij: Jurnal Kajian Hukum Islam Vol 14 No 1 (2020)
Publisher : Fakultas Syariah IAIN Purwokerto

When Muslims have settled on the earth, one of the problems which become a focus of attention is the Kiblah direction. For Muslims, the Kiblah direction is not only the need for prayer which is one of the legitimate conditions of prayer, but also includes other needs related to Kiblah such as the position of burying the body, establishing a mosque and musalla. This paper explains the position of the MPU Acehâ€™s fatwa Number 3 of 2018 concerning the determination of the direction of the MUI of the fatwa of MUI number 3 and 5 of 2010 concerning the direction of Kiblah and explaining its relevance to the context. With the approach of astronomy, the position of the MPU Aceh fatwa Number 3 of 2018 concerning the determination of the direction of Kiblah is complementary to the MUI fatwa Number 3 and 5 of 2010 concerning the Kiblah direction. Improvements to the integrity and intensity of fatwas are responsive, proactive and anticipatory. The presence of the MPU Acehâ€™s fatwa on Kiblah direction is able to solve the problem of Kiblah direction in Indonesia, both in the technical and the sociological domain, because the content of the fatwa is relevant with the context and it accommodates the dimensions of science, technology and Fiqh as a characteristic of collective diligence (Ijtihad Jama'i).

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