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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).

Arjuna Subject : -

Articles 288 Documents

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Good Governance dalam Perspektif Hukum Islam Kontemporer (Tinjauan Usul Fikih dari Teori Pertingkatan Norma) Zayyadi, Ahmad
Al-Manahij: Jurnal Kajian Hukum Islam Vol 11 No 1 (2017)
Publisher : Fakultas Syariah IAIN Purwokerto

The concept of good governance on Us}u>l al-Fiqh perspective is directed towards how to utilize the methods offered in the science of Us}u>l al-Fiqh to formulate Islamic legal principles to respond to the latest problems of all issues, and here I will specifically address the issue of good governance in the perspective of contemporary Islamic law. In this case, seeing the many problems, especially the corruption of governance, requires us to examine the current reality of these governance conditions for better, professional, responsible, trustworthy, and so on. One of them is by developing the concept of good governance with the hope of contributing to the development of better bureaucratic governance in accordance with the principles and values â€‹â€‹in Islamic law such as equality, tolerance (tasa>muh), justice, welfare, consultation (syu>ra>), honesty, objectivity (comprehensiveness) and so on become an indication of good and clean governance. The approach used is the Us}u>l al-Fiqh approach as the epistemological and philosophical basis in Islamic law by describing the theory of new Us}u>l al-Fiqh as applied theory in exploring the values â€‹â€‹of public services (good bureaucracyâ€“good governance or other terms that can be called clean governance) in the eyes of contemporary Islamic law.

Keadilan Distributif atas Pembagian Harta Bersama dalam Perkawinan bagi Keluarga Muslim di Indonesia Khosyiâ€™ah, Siah
Al-Manahij: Jurnal Kajian Hukum Islam Vol 11 No 1 (2017)
Publisher : Fakultas Syariah IAIN Purwokerto

The division of marital joint property after the breakup of marriage, whether dropping out of marriage due to divorce or due to death, is a new thing in Islamic jurisprudence (fiqh). This is because the concept of mutual treasure is not known in the books of classical Islamic jurisprudence of Muslim scholars of the schools at their times, in which their work are always made as referral in the legal cases up to the present days. In Indonesia, the distribution of common property is regulated in the Compilation of Islamic Laws Articles 96 and 97, which stipulate the rules of distribution of joint property for married couples whose married are off as a result of divorce or death. Article 97 of the Compilation of Islamic Law actually provides an overview of the flexibility of the distribution of common marital property, including in certain cases because the article is regulating (regelen) rather than forcing (dwigen), so that the division is not absolutely divided equally between husband and wife, and casuistically the provisions of that article may be disregarded.

Ragam Bangunan Perundang-Undangan Hukum Keluarga di Negera-Negara Muslim Modern: Kajian Tipologis Huda, Miftahul
Al-Manahij: Jurnal Kajian Hukum Islam Vol 11 No 1 (2017)
Publisher : Fakultas Syariah IAIN Purwokerto

The reality of the difference in applying Islamic law in the context of marriage law legislation in modern Muslim countries is undeniable. Tunisia and Turkey, for example, have practiced Islamic law of liberal nuance. Unlike the case with Saudi Arabia and the United Arab Emirates that still use the application of Islamic law as it is in their fiqh books. In between these two currents many countries are trying to apply the law in their own countries by trying to bridge the urgent new needs and local wisdom. This is widely embraced by modern Muslim countries in general. This paper reviews typologically the heterogeneousness of family law legislation of modern Muslim countries while responding to modernization issues. Typical buildings seen from modern family law reforms can be classified into four types. The first type is progressive, pluralistic and extradoctrinal reform, such as in Turkey and Tunisia. The second type is adaptive, unified and intradoctrinal reform, as in Indonesia, Malaysia, Morocco, Algeria and Pakistan. The third type is adaptive, unified and intradoctrinal reform, represented by Iraq. While the fourth type is progressive, unifiied and extradoctrinal reform, which can be represented by Somalia and Algeria.

Nikah Siri dalam Tinjauan Hukum Teoritis dan Sosiologi Hukum Islam Indonesia Alfin, Aidil; Busyro, Busyro
Al-Manahij: Jurnal Kajian Hukum Islam Vol 11 No 1 (2017)
Publisher : Fakultas Syariah IAIN Purwokerto

The differences of laws in marriage registration have generated argumentative conflicts among the ulama. Some of them agree and the others disagree. Ulama who agree say that proscribing secretly marriage (nikah siri) is in accordance to Islamic law. Even though the regulation about marriage registration has been written in The Indonesian Act No. 1 of 1974 on Marriage and in the Compilation of Islamic Law in Indonesian, the practice of secret marriage is still existed among Indonesian Muslim society. They base their practices on what some of local ShafiiyahUlema say all the time that this kind of marriage is in accordance to shariâ€™ah. It is common to say that Shafiâ€™ischool of law is the largest shariâ€™ahschool of law in Indonesia. In the sociology of Islamic law, most of the scholars in Indonesia who adhere to the Shafi'i school and also most of the Indonesian Muslim community adhere to the same school, may have a significant influence on the constraints of reform of Islamic law related to the registration of marriages in particular and other matters about marriage in general contained in the Law No. 1 of 1974 and the Compilation of Islamic Law in Indonesia.

Penerapan Hukum Wakaf Uang di Indonesia Perspektif Legal System Theory Masdar, Masdar
Al-Manahij: Jurnal Kajian Hukum Islam Vol 11 No 1 (2017)
Publisher : Fakultas Syariah IAIN Purwokerto

Cash waqf in Indonesia has been long enough implemented based on some rules enacted by government and other rules defined by The Waqf Board of Indonesia (BWI). However, the implementation of cash waqf has not reached the level of success. Therefore, this article studies the application of cash waqf law in Indonesia according to Friedmanâ€™s legal system theory. The legal system theory of Friedman firstly looks at the substance of the law, which is the rules or regulations; and secondly it examines the structure of the law, encompassing the law enforcement agencies, such as judge, prosecutor, police and legal counselors. And lastly the theory examines the element of legal culture, which is a response from Muslim society. The first two examinations indicate that there is nothing to be a problem. But from the last examination there is a problem regarding the trust from Muslim society. From the legal culture point of view, the implementation of cash waqf by the government, which is performed by BWI, needs attracting societyâ€™s credentials in order to improve and maximize the performance of cash waqf in Indonesia.

Koperasi dalam Perspektif Hukum Islam (Telaah Kritis Pemikiran Hukum Islam Taqiyyuddin al-Nabhani) Hamzah, Imron
Al-Manahij: Jurnal Kajian Hukum Islam Vol 11 No 1 (2017)
Publisher : Fakultas Syariah IAIN Purwokerto

Cooperatives, originally emerging from the West, have grown in Muslim-majority countries, such as Indonesia. Modern Muslim scholars differ on the permissibility of cooperatives in Islamic law. Among the scholars who disallowed it is Taqiyyuddin al-Nabhani, who firmly declares that cooperative is not legal according Islamic law. The reason given by al-Nabhani is that within the cooperative there is no element of body as the subject of law, and also the distribution of profit in the cooperative is based on services that are not justified. But if it is analyzed carefully, it can be seen that in cooperatives there are already elements of the body in the form of board, and also the division of profit based on the service is essentially the division of profit based on work, so it is not contrary to the rules of Shari'a. This paper concludes that the cooperative is incorporated into the various contracts that have been discussed by the classical scholars, so the legal status of the cooperative is allowed according to Islamic law because there is no proposition forbids it.

Urgensi Kalibrasi Arah Kiblat dalam Penyempurnaan Ibadah Salat Tanjung, Dhiauddin
Al-Manahij: Jurnal Kajian Hukum Islam Vol 11 No 1 (2017)
Publisher : Fakultas Syariah IAIN Purwokerto

In the implementation of one's prayer service is required to face the direction of Qibla as a valid requirement of prayer. Understanding of facing the Qiblah should be understood properly and maximally so that efforts to face the Qiblah can be done well and precisely. This paper explains that the obligation of facing the Kaâ€™bah is for the one who is able to see the Kaâ€™bah directly. But for those who are far from Mecca and cannot see the Kaâ€™bah directly, the majority of the Muslim scholars only oblige facing towards the Kaaba (jihah al-kaâ€™bah). However, in retrospect, the ulama have a strong opinion that for the one who can see the Kaaba, and the one who cannot see the Kaaba, but in fact he can be wise to know the direction to the Kaaba (jihah al-Kaâ€™bah), then they are obliged to face the building of the Kaaba ('ainul Kaâ€™bah). From the term â€˜ainul kaâ€™bah and jihah al-kaâ€™bah, it is actually the one point to be taken that is the Kaaba in Mecca. â€˜Ainul kaâ€™bah is the building of the Kaaba itself, whereas the jihah of al-kaâ€™bah is the direction towards the Kaaba. Therefore, to lead to the Kaaba, it should not be carelessly facing. Especially with the existing science and technology, the calculation to lead to the point of the Kaaba becomes easier with accuracy that can be accounted for. If so, science and technology can participate to play a role in completing the worship of Muslims, i.e. facing the Qiblah more appropriate for the validity of worship.

Implikasi Yuridis Riwayat tentang Kesalahan Penulisan dalam Mushaf Usmani Rajafi, Ahmad
Al-Manahij: Jurnal Kajian Hukum Islam Vol 11 No 2 (2017)
Publisher : Fakultas Syariah IAIN Purwokerto

The history of writing error in the Qur'an derived from Aisha and justified by Khalifa Uthman bin Affan received a different responses among Islamic researchers, both from the strictly rejecting that history of writing (riwayat) until to those who accepted the existence the riwayat but with different "reading". On the legal side (juridical), the existence of that riwayat can result in juridical implications, especially in the methodological aspect. Such thought is not driven by the negative domain, but it must be in a positive domain, where the existence of that riwayat provides more progressive and responsive ijtihad, whether the answer is for the diversion to the difference of qiraâ€™at or not, the Islamic texts will be read more critically, so the legal purpose of â€œsuitable in every time and placeâ€ would be reached.

Peran Basyarnas dalam Penyelesaian Sengketa Ekonomi Syariah (Studi Pandangan Pelaku Ekonomi Syariah di Jakarta) Irfan, M. Nurul Irfan; Faizin, Afwan; Muslim, Bukhori
Al-Manahij: Jurnal Kajian Hukum Islam Vol 11 No 2 (2017)
Publisher : Fakultas Syariah IAIN Purwokerto

National Shariah Arbitration Board (Basyarnas) is one of the manifestations of the first established Islamic Arbitration in Indonesia. Basyarnas stands autonomously and independently as one of the legal instruments that resolve disputes of the parties, whether coming from within the environment of Islamic banks, Takaful Insurance, or any other party who needs it. In connection with the Basyarnas function, this article discusses the following three main issues: Firstly, the view of sharia economic actors on Basyarnas. Shariah economic actors generally consider the importance of Basyarnasâ€™s position in settling disputes in Sharia economics. In the last five years (2010-2015) the number of disputes cases in Basyarnas (23 cases) is slightly higher than cases handled by the Religious Courts (20 cases). Secondly, the reason for sharia economic actors chooses the arbitration route because the process is faster, the cost is light and the verdict is final and binding and the secrets of the parties are maintained. Thirdly, the factors that influence the choice are also determined by the level of confidence of the sharia economic actors to the judgesâ€™ ability within the Religious Courts to resolve the dispute.

Konstitusi Ekonomi Syariah di Indonesia (Melacak Argumen Konstitusi terhadap Penerapan Ekonomi Syariah) Syaugi, Syaugi
Al-Manahij: Jurnal Kajian Hukum Islam Vol 11 No 2 (2017)
Publisher : Fakultas Syariah IAIN Purwokerto

As a constitution, the Indonesian Constitution of 1945 regulates how the national economic system should be arranged and developed. In the perspective of the constitution, the implementation of the sharia economy does not mean the state directs a particular economic ideology. Philosophically, the ideals of Indonesian economic law is to initiate and prepare the legal concept of economic life. Shariah economy has a strong foundation both formally shariah and formal constitution. Formally shariah means the existence of shariah economy has a strong foundation in the Indonesian legal system. Formally constitution means, in the context of the state, the Shariah economy has a constitutional basis. The existence of laws relating to shariah economy shows that the Indonesian economic system gives a place to the shariah economy.

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