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[Hukum Perubahan Status Harta Benda Wakaf: Studi Kasus Perubahan Status Kepemilikan Tanah Wakaf di Desa Keniten Kecamatan Kedungbanteng Kabupaten Banyumas ]]>
<![CDATA[Sarmo, Sarmo]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol 14 No 2 (2020) ]]>
Publisher : <![CDATA[Fakultas Syariah IAIN Purwokerto ]]>
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DOI: 10.24090/mnh.v14i2.3216
<![CDATA[This article discusses the practice of changing waqf for socio-educational purposes. The jurists of the fiqh schools argue over the permissibility of exchanging waqf land. As a country where the majority of the population is Muslim, Indonesia has made the guidelines for waqf which are stated in the law. No. 41 of 2004 concerning Waqf, Government Regulation Number 42 of 2006 concerning the implementation of law number 41 of 2004, and the Compilation of Islamic Law in Indonesia. This study is field research conducted in Keniten Village, Kedungbanteng District, Banyumas Regency. This study concluded that the exchange of waqf land in this village was in accordance with the purpose of the waqf and in accordance with the law. No. 41 of 2004 Article 41 paragraph (3). The process of changing donated land for TK Diponegoro 136 is in accordance with Government Regulation Number 42 of 2006 concerning the implementation of law number 41 of 2004. Meanwhile, the relation of Islamic law to the exchange of waqf land in Keniten Village, Kedungbanteng District, Banyumas Regency is debated in accordance with the rules used by each jurisprudence school. Referring to the argument of jalb al-maá¹£Äliḥ wa dar 'al-mafÄsid, the exchange of waqf land in Keniten Village, Kedungbanteng District, Banyumas Regency is not against Islamic law because it brings more benefits.]]>
<![CDATA[Penyebaran Fikih Mazhab Syafi’i di Nusantara: Studi Sosio-Historis Masa Kesultanan Palembang Darussalam ]]>
<![CDATA[Adil, Muhammad]]>;
<![CDATA[Harun, Muhamad]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol 14 No 2 (2020) ]]>
Publisher : <![CDATA[Fakultas Syariah IAIN Purwokerto ]]>
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DOI: 10.24090/mnh.v14i2.3263
<![CDATA[This study explains the spread of the Syafi'i school of fiqh in the Indonesian Archipelago by taking the time of the Palembang Darussalam Sultanate. The dissemination of the Syafi'i school of fiqh was officially carried out through the sultanate institution by the ulama appointed by the Sultan. The official positions in the field of religion are Pangeran Penghulu Nata Agama, Penghulu Nata Agama, and Khatib Imam. This position continued during the colonial period and ended until 1905 as Hoofd Penghulu. In addition, the dissemination of the Syafi'i school of fiqh was also carried out by scholars who had close ties to the sultanate, such as Abdul Samad al-Palimbani, Kemas Fakhruddin, and Syihabuddin al-Misri al-Jawi al-Palimbani. Authentic evidence of the spread of the Shafi'i School of jurisprudence occurred through the translation and copying movement of the Shafi'i School of Islamic scholars, as was done by Sheikh Abdul Samad who wrote and translated books written by Imam Ghazali in the fields of fiqh and Sufism, such as books of BidÄyat al-HidÄyah was translated as HidÄyat al-SÄlikÄ«n fÄ« Suluk al-Maslak al-MuttaqÄ«n, and IhyÄ 'UlÅ«m al-DÄ«n was translated as Sayr al-SÄlikÄ«n ilÄ IbÄdat Rabb al-AlamÄ«n. Thus, it can be seen that this model of dissemination has caused the Syafi'i school of jurisprudence to continue to experience its development until now to dominate as a school of law adopted by the community.]]>
<![CDATA[Dari Idealisme ke Pragmatisme: Pergeseran Paradigma dalam Pengembangan Hukum Ekonomi Syariah di Indonesia ]]>
<![CDATA[Addiarrahman, Addiarrahman]]>;
<![CDATA[Yanti, Illy]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol 14 No 2 (2020) ]]>
Publisher : <![CDATA[Fakultas Syariah IAIN Purwokerto ]]>
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DOI: 10.24090/mnh.v14i2.3408
<![CDATA[This study seeks to understand the pragmatism of the development of sharia economic law, and its implications for Islamic financial products in Indonesia. The data comes from the results of interviews and focus group discussions with key informants from academics, practitioners, authorities, and the public. This research finds that pragmatism in the development of Islamic economic law is an approach that still dominates the DSN-MUI fatwas. The pragmatism style used is complex-eclectic pragmatism which is represented through makhÄrij al-fiqhiyyah, which is to choose a mild opinion by sticking to the strongest method or also called "taysÄ«r al-manhajÄ«". The use of this method is intended to ensure that the fatwa is truly able to answer the needs of the business world, as well as being in line with sharia principles. DSN-MUI also does not use maslahah as a legal consideration in a free or liberal way. Rather, it returns maslahah in consideration of the method, so that it is permissible to use the bay’ al-'inÄn contract only in a forced state (á¸arurah).]]>
<![CDATA[Undang-Undang Informasi dan Transaksi Elektronik dalam Konteks MaqÄsÌ£id Syarī‘ah ]]>
<![CDATA[Hadi, Abdul]]>;
<![CDATA[Nugroho, Bekti Taufiq Ari]]>;
<![CDATA[Muntakhib, Ahmad]]>;
<![CDATA[Choeroni, Choeroni]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol 14 No 2 (2020) ]]>
Publisher : <![CDATA[Fakultas Syariah IAIN Purwokerto ]]>
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DOI: 10.24090/mnh.v14i2.3582
<![CDATA[The fundamental values ​​contained in Islamic law are reflected in the formulation of Islamic law itself, namely happiness, enjoyment, benefit, justice, and so on. The online system has the potential to conflict with the values ​​of Islamic law, which is detrimental to many people because of the difficulty of tracking various electronic transactions and it can have a very broad impact when it comes to crimes in the digital world. Based on this reality, several research problems arise related to the ITE Law from the perspective of maqÄá¹£id shari'ah. This article is a library research study using a qualitative paradigm. The results of the discussion show that the emergence of social groups in the name of religion that misuse social media has occurred, one of which is spreading hoax news, updating news, photos, and videos, etc. that deviate from existing norms. The ITE Law is a new thing in the realm of legislation in Indonesia. For that, it is necessary to study further, one of which is in terms of maqÄá¹£id syarÄ«'ah the extent to which the objectives of the law are viewed from Islamic law or qawÄ'id uluhiyyah. The relevance of maqÄá¹£id syarÄ«'ah with the ITE Law is that there are regulations that guarantee the benefit of the people, namely being able to bring benefits and keep people away from evil deeds by using these cyber tools.]]>
<![CDATA[Titik Singgung Hukum Islam dengan Hukum Adat pada Naskah Perundang-Undangan Kerajaan Islam di Nusantara ]]>
<![CDATA[Masykhur, Anis]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol 14 No 2 (2020) ]]>
Publisher : <![CDATA[Fakultas Syariah IAIN Purwokerto ]]>
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DOI: 10.24090/mnh.v14i2.3724
<![CDATA[The study of the intersection of Islamic law with customary law in the legislation texts of the Islamic kingdoms in the Indonesian Archipelago is intended to describe the flexibility of Islamic law when it meets customary law, and vice versa. This research is a comparative study between the laws that were made into the sultanate law in the archipelago in the 16-18 century AD. The nature of Islamic law is believed to have the ability to adapt (legal adaptability) with other laws. One theory that can strengthen this statement is the existence of one of the five major principles in the science of Usul al-Fiqh, namely "al-Ê»adÄh al-muhakamah" which means that customs can be used as a legal basis. Ibn al-Qayyim also introduced the rule of "taghayyur al-fatwÄ bi taghayyur al-azminah", meaning changes in fatwas due to changes in time. These principles reinforce the flexibility of Islamic law. By taking some examples from articles from the Malacca law, the Simbur Tjahaya Act of the Palembang Sultanate, the Jambi Customary Law, the Sultan Adam Law on the Banjar Sultanate, the Martabat Tujuh Law for the Buton Sultanate and the Baraja Niti Kutai Law Kartanegara, it was found that the intersection between Islamic law and customary law was seen in these laws, which were complementary, and there was no tension.]]>
<![CDATA[Dinamika Penentuan Awal Ramadan di Sumatera Barat ]]>
<![CDATA[Wusqa, Urwatul]]>;
<![CDATA[Salma, Salma]]>;
<![CDATA[Yudhiani, Walan]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol 14 No 2 (2020) ]]>
Publisher : <![CDATA[Fakultas Syariah IAIN Purwokerto ]]>
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DOI: 10.24090/mnh.v14i2.3729
<![CDATA[This paper aims to explore the understanding of the Muslim community of West Sumatra about the determination of the beginning of the month of Ramadan and its implications for implementing the first day of fasting. The people of West Sumatra are always talked about when determining the first day of Ramadan because they are divided into several groups. As a result, they differ in the implementation of the first day of fasting, the implementation of Eid al-Fitr and Eid al-Adha. This type of research is field research. Data obtained through in-depth interviews with people who can provide important information about the determination of the beginning of this month, including the leader of Naqsabandiyah, Satariyah, person in charge of hisab Muhammadiyah, ru'yah NU, astronomy experts, as well as several congregations from each group. The results showed that determining the start of the month is a very old problem but always becomes new every time Ramadan comes. The problem of determining the initial crescent moon in Indonesia in general and West Sumatra in particular is basically the same but the practice depends on the different ways of understanding the context of the initial crescent of the month. In fact, these differences are very difficult to reconcile because each element remains steadfast in maintaining its sectoral ego.]]>
<![CDATA[Menakar Urgensi dan Masa Depan Legislasi Fiqih Produk Halal di Indonesia ]]>
<![CDATA[Rohmah, Siti]]>;
<![CDATA[Tohari, Ilham]]>;
<![CDATA[Kholish, Moh. Anas]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol 14 No 2 (2020) ]]>
Publisher : <![CDATA[Fakultas Syariah IAIN Purwokerto ]]>
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DOI: 10.24090/mnh.v14i2.3811
<![CDATA[This article aims to identify and analyze the urgency and future of fiqh legislation for halal products in Indonesia. In addition, this article also aims to identify and analyze whether Law no. 33 of 2014 concerning the Guarantee of Halal Products is the result of authoritarianism in the name of Islamic law in Indonesia or is a constitutional guarantee for the majority of Muslims. The conclusion of this study shows that the effort to enact the jurisprudence of halal products through the Halal Product Guarantee Law is a constitutional necessity for Indonesian citizens who are predominantly Muslim. The regulation of halal certification in the Halal Product Guarantee Law is a form of legal certainty and constitutional protections for the majority of Muslims as consumers in Indonesia. In addition, the existence of the Halal Product Guarantee Law is also considered to provide benefits economically, socially, and healthily, which applies universally regardless of religion. Even the accusation that the Halal Product Guarantee Law is a product of authoritarianism that harms non-Muslims cannot be justified. Because the producers of food and medicine that are widely circulating in supermarkets and mini-markets in Indonesia are actually non-Muslim owners. Even with this halal certification, their products can enter the world market, especially in Muslim countries.]]>
<![CDATA[Fatwa Majelis Ulama Indonesia sebagai Solusi Permasalahan Umat Islam di Indonesia ]]>
<![CDATA[Pelu, Ibnu Elmi Achmat Slamat]]>;
<![CDATA[Tarantang, Jefry]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol 14 No 2 (2020) ]]>
Publisher : <![CDATA[Fakultas Syariah IAIN Purwokerto ]]>
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DOI: 10.24090/mnh.v14i2.3927
<![CDATA[The Indonesian Ulema Council (MUI) has an important role in answering the increasingly complex problems of Muslims through fatwas. However, in the Indonesian legal system, fatwas are not considered a source of material law that has legal validity as a solution to the problems of Muslims in Indonesia. Therefore, this study aims to describe the position of fatwas in the legal system in Indonesia and the existence of the fatwas of the Indonesian Ulema Council in addressing the problems of the ummah. This research is a normative legal research using three types of approaches consisting of a statutory approach, a historical approach, and a conceptual approach. The results of this study concluded that: firstly, the position of fatwas in the construction of Islamic law has a high position. Fatwas are seen as a solution that can break the ice in legal development that is not accommodated by the texts of the Quran. So, substantively and sociologically, fatwas have a strong and binding position in Islamic law. Secondly, the existence of the fatwa of the Indonesian Ulema Council in responding to the problems of the Ummah can be seen in two aspects. The first aspect, fatwas in the perspective of Islamic legal authority are binding sociologically in substance. This is because fatwas are explanations and interpreters of the texts of the Quran regarding Islamic law. The second aspect, fatwas from the perspective of the hierarchy of laws and regulations, legally and formally, do not have any position in the ranking of legal norms. However, it is constitutionally guaranteed through Article 29 of the 1945 Constitution that guarantees the realization of the fulfillment of all Islamic law for Muslims in Indonesia.]]>
<![CDATA[Persaksian Talak: Perspektif Ulama Sunni dan Syi'ah Imamiyah ]]>
<![CDATA[Trigiyatno, Ali]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol 14 No 2 (2020) ]]>
Publisher : <![CDATA[Fakultas Syariah IAIN Purwokerto ]]>
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DOI: 10.24090/mnh.v14i2.3928
<![CDATA[In general, Islamic scholars have the same spirit in addressing the occurrence of divorce, namely the desire to make divorce difficult. However, on the other hand, there appears to be an inconsistency in this matter, where when reading fiqh books in a Sunni environment it seems that they facilitate divorce. As in the case of divorce testimony, Sunni ulama legalize the fall of divorce without witnesses, while among Shia clerics, they make divorce more difficult by requiring two fair witnesses to the legality of a divorce. This article aims to compare the two different views of Sunni and Shia scholars regarding divorce testimony in order to determine a stronger and more beneficial opinion. The result of the research proves that the arguments of the Shia ulama which oblige two witnesses to validate divorce are stronger and more beneficial. This opinion also makes it more difficult for the possibility of divorce to fall, and in its development, it is used in the legislation of Muslim countries by requiring divorce in front of a court session where at least two witnesses are certain to witness.]]>
<![CDATA[Literasi Politik Komunitas Samin di Bojonegoro dalam Pemilu Perspektif Fiqih Siyasah ]]>
<![CDATA[Hasyim, Muh Fathoni]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol 14 No 2 (2020) ]]>
Publisher : <![CDATA[Fakultas Syariah IAIN Purwokerto ]]>
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DOI: 10.24090/mnh.v14i2.3933
<![CDATA[The dynamics of political participation of the Samin community in Bojonegoro show significant development of political literacy. This study is focused on answering the political literacy of the Samin community in voicing their aspirations in the General Election from the perspective of Fiqh Siyasah. The results of the study show that the level of political literacy of the Samin community is increasing. The indicator is that the enthusiasm of the Samin people in exercising their voting rights in the general election. In facing elections, the Samin community usually holds a community meeting led by the customary head, to determine the direction of their political aspirations. Over time, this tradition, although still valid, the results of its decisions are not binding. This means that the Samin people are given the freedom to make their own choices. This is different from previous times where the results of the deliberations were a collective decision in determining political aspirations. In the context of Fiqh Siyasah, the political literacy of the Samin community in the General Election is an exciting process of democratization, because the participation of the Samin community shows a growing awareness of living as a nation and a state within the frame of diversity. The practice of deliberation carried out by the Samin community is the application of the principle of deliberation in Islam, so that even though the results are not binding, the decision-making process creates a dialogue between community members to build an increasingly dynamic and progressive political literacy of the Samin community.]]>
