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Al-Manahij: Jurnal Kajian Hukum Islam
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).
Arjuna Subject : -
Articles 13 Documents
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Search results for , issue "Vol 14 No 2 (2020)" : 13 Documents clear
Urgensi Penggunaan Mediasi dalam Penyelesaian Perkara Pembatalan Perkawinan di Pengadilan Agama Nugraheni, Destri Budi
Al-Manahij: Jurnal Kajian Hukum Islam Vol 14 No 2 (2020)
Publisher : Fakultas Syariah IAIN Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/mnh.v14i2.4177

Abstract

The annulment of marriage is one of the exception cases within the obligation of using mediation based on the Supreme Court Regulation No. 1 of 2016. However, after 2016, there was the annulment of marriage court decisions still used mediation for its settlement. The aim of this research is to analyze the urgency of using mediation within the annulment of marriage settlement in the Religious Court and its relevance with upholding justice for justice seekers. The method of this research is juridical normative through analyzing the secondary data namely regulations and court decisions on annulment of marriages either with or without mediation. The results showed that there was no single successful mediation in resolving cases of marriage annulment and there was no difference in the reasons for filing a case between decisions using mediation or without mediation. Regarding the function of mediation that claims to give justice for justice seekers and reduce the accumulation of cases in the Supreme Court, it can be concluded that cases of marriage annulment should not use mediation in the settlement of the case, because it is related to the legality of a marriage, not related to marital disputes.
Penyebaran Fikih Mazhab Syafi'i di Nusantara: Studi Sosio-Historis Masa Kesultanan Palembang Darussalam Adil, Muhammad; Harun, Muhamad
Al-Manahij: Jurnal Kajian Hukum Islam Vol 14 No 2 (2020)
Publisher : Fakultas Syariah IAIN Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/mnh.v14i2.3263

Abstract

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 Bidāyat al-Hidāyah was translated as Hidāyat al-Sālikīn fī Suluk al-Maslak al-Muttaqīn, and Ihyā 'Ulūm al-Dīn was translated as Sayr al-Sālikīn ilā Ibādat Rabb al-Alamīn. 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.
Undang-Undang Informasi dan Transaksi Elektronik dalam Konteks Maqasid Syari'ah Hadi, Abdul; Nugroho, Bekti Taufiq Ari; Muntakhib, Ahmad; Choeroni, Choeroni
Al-Manahij: Jurnal Kajian Hukum Islam Vol 14 No 2 (2020)
Publisher : Fakultas Syariah IAIN Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/mnh.v14i2.3582

Abstract

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 maqāṣid 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 maqāṣid syarī'ah the extent to which the objectives of the law are viewed from Islamic law or qawā'id uluhiyyah. The relevance of maqāṣid syarī'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.

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