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).
Articles
288 Documents
<![CDATA[Kontroversi Hukum Asuransi: Studi tentang Argumentasi Muṣṭafā Aḥmad Al-Zarqā’ dalam Pembolehan Asuransi ]]>
<![CDATA[Hasanudin, Hasanudin]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol 12 No 1 (2018) ]]>
Publisher : <![CDATA[Fakultas Syariah IAIN Purwokerto ]]>
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DOI: 10.24090/mnh.v12i1.1322
<![CDATA[Insurance came to the Islamic world around the 19th century AD. As long as the insurance law in Islam is concerned, the contemporary Islamic scholars are divided into three groups. First, scholars who allow it absolutely; secondly, the ulama who forbid it absolutely; and thirdly, scholars who legalize social insurance and forbid commercial insurance. One of the contemporary scholars who justifies insurance is Muá¹£á¹afÄ Aḥmad al-ZarqÄ', a prominent Islamic scholar of Ḥanafi from Syria. The findings of this study are that in the perspective of Islamic legal theory the arguments of al-ZarqÄʼ can be justified. The theory of Islamic law used by al-ZarqÄ' in examining insurance is the theory of ijtihad bi ar-ra'y by istiṣḥÄbÄ« and ta'lÄ«l methods. Al-Zarqa' views that insurance is a new contract that does not exist in Islamic jurisprudence. Every Muslim is allowed to create new contracts that have not existed before as long as there is no prohibition against them. Al-ZarqÄʼ analogize the insurance with the existing contracts in Islamic jurisprudence, among which is the contract of muwaÌ„laÌ„h from Hanafite school of law, dÌ£amaÌ„n khatÌ£r al-á¹ariÌ„q from Hanafites, al-iltizaÌ„m wa al-wa’d al-mulzim in Malikites, and al-‘aÌ„qilah in Syafi’ites.]]>
<![CDATA[Urgensi Ilmu Kedokteran Islam dengan Hukum Islam (Studi Identifikasi Deoxrybo Nucleic Acid (DNA) terhadap Sepersusuan) ]]>
<![CDATA[Manzil, Li’izza Diana]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol 12 No 1 (2018) ]]>
Publisher : <![CDATA[Fakultas Syariah IAIN Purwokerto ]]>
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DOI: 10.24090/mnh.v12i1.1323
<![CDATA[One sign of the rapidly growing world of medical science is its success in making one discovery about Deoxrybo Nucleid Acid (DNA). Islam does not prohibit the practice of DNA identification because it can be used in determining the legal status of relative relationships and related marital prohibitions among families because of the similarity of DNA genes between parents and their children. In Islam marriage prohibition can also occur between brothers and sisters. DNA identification can be done between siblings as a result of the presence of gene elements in breast milk. In addition, breast milk can also develop bone and grow meat if breastfeeding at least five times suction. But the results of DNA tests conducted between siblings cannot be more accurate if done to find relationships of parents and children. From this it clearly proves that Islamic medicine has an urgent value to Islamic law. This can be seen from one of its axiology in determining the status of brotherhood.]]>
<![CDATA[Model Penerapan Syariah dalam Negara Modern (Studi Kasus Arab Saudi, Iran, Turki, dan Indonesia) ]]>
<![CDATA[Fauzan, Pepen Irpan]]>;
<![CDATA[Fata, Ahmad Khoirul]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol 12 No 1 (2018) ]]>
Publisher : <![CDATA[Fakultas Syariah IAIN Purwokerto ]]>
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DOI: 10.24090/mnh.v12i1.1328
<![CDATA[Modernization of politics in islamic world causes hard dynamics in the relation betwen religion (sharī’ah) with state or politics. This paper tries to discuss the historical background of that discussion, and tries to show the models of sharī ’ah implementation in the context of modern state. The result of this study is that there are three models of sharī ’ah implementation in modern Islamic world: integration betwen religion (Islam) and state as in Saudi Arabia and Islamic Republic of Iran. In this model sharī ah formally becomes the positive law. The second model is secular state. In this model religion (and sharī’ah) separated from the state. The best example for this model is Republic of Turkey. And the last is symbiosis-intersectional model as Republic of Indonesia. This model is the middle position betwen both of them. The difference of the models are caused by the diversity of socio-historical-economic-political background of these states.]]>
<![CDATA[The Concept of Al-SyÄá¹ibī’s al-Ta‘ÄruḠwa al-Tarjīḥ: Scientific Faith and Methodology Solution to Legal IstinbÄá¹ ]]>
<![CDATA[Farkhani, Farkhani]]>;
<![CDATA[Elviandri, Elviandri]]>;
<![CDATA[Nugroho, Sigit Sapto]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol 12 No 1 (2018) ]]>
Publisher : <![CDATA[Fakultas Syariah IAIN Purwokerto ]]>
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DOI: 10.24090/mnh.v12i1.1331
<![CDATA[Al-Ta‘ÄruḠwa al-tarjīḥ is a methodology offered by al-SyÄá¹ibÄ« to overcome problems that often arise in fiqh issues faced by the people. This study is a descriptive literature study (library research) aims to determine how the concept of al-Ta‘ÄruḠwa al-tarjīḥ offered, with fahm al-naṣṣ methods that exist in its al-MuwÄfaqÄt. To al-SyÄá¹ibÄ«, no at-ta‘ÄruḠ(contradiction) in texts but there is a contradiction among mujtahids (Muslim jurists) in understanding the texts. Then, the mujtahids (jurists) should not be in a hurry to do istinbÄá¹ al-ḥukm (taking out the law) which originated from the ẓÄhir contradictory arguments. A depth and universal study toward contradictive postulates seems needed by mujtahid both using their precision and intelligence. Because of the precision and intelligence mujtahids are varying, it causes the appearance of a conflict between mujtahids in looking at the arguments. To find a solution to the problem, the offer is the use of tarjīḥ method, looking for the most powerful arguments, and then serving them as the basis to take a single istinbÄá¹ al-ḥukm.]]>
<![CDATA[Qaul Al-Mukhtār Al-Nawawī sebagai Pendapat Alternatif Muslim Nusantara ]]>
<![CDATA[Kudhori, Muhammad]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol 12 No 1 (2018) ]]>
Publisher : <![CDATA[Fakultas Syariah IAIN Purwokerto ]]>
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DOI: 10.24090/mnh.v12i1.1345
<![CDATA[The spreading of Syafi’ite school of law in Indonesia until now has a long history in the process of Islamic transmission in the country. Islam entered into Indonesian archipelago through the merchants in the seventh century. However, the dispersion of Islam could not run smoothly before Wali Songo emerged in Indonesian society at the fifteenth century. In this era, Islam could be received and absorbed widely by the Indonesians. The Islamic school of law that is brought by Wali Songo is Syafi’ite. Even most of Muslims in Indonesia follow Syafi’ite school of law, in the real life including in their daily prayers and trade activities, they are not use this school entirely. One of the reasons why this school is not practiced by Muslims fully is difficult to practice. The existence of Qaul al-Mukhtār of al-Nawawī can be an alternative way for the followers of this school of law that is difficult in practicing one of his opinions. Besides its strong arguments, Qaul al-Mukhtar of al- Nawawī is not really out from the rule of Syafi’ite school of law. In addition, it is representation of Fikih al-Muyassar (simplifed fiqh) concept for Muslim in Indonesia. Therefore, the follower of Syafi’ite school of law in Indonesia can feel easy and peace in practicing Islam.]]>
<![CDATA[Pelibatan Akad IjÄrah dalam Praktik Rahn di Bank Syari’ah Perspektif Hukum Ekonomi Syariah ]]>
<![CDATA[Wahid, Nur]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol 12 No 1 (2018) ]]>
Publisher : <![CDATA[Fakultas Syariah IAIN Purwokerto ]]>
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DOI: 10.24090/mnh.v12i1.1349
<![CDATA[The involvement of lease (ijÄrah) contract in pawn practice in syari’ah bank resulted in a combination of contract known as multi-‘aqd. Concerning multiple contracts (multi-‘aqd), there are a number of Prophetic traditions, at least three hadiths that are outwardly (textual meaning) indicating a ban on the use of multiple covenants. For example, the hadith about the prohibition of trading and debts (bai’ wa salaf), the prohibition to trade with two contracts (bai’atain fÄ« bai’ah), and two sales and purchase contracts in one transaction (á¹£afqatain fÄ« á¹£afqah). The contract of lease (ijÄrah) and the pawn agreement (rahn) are two different types of contract, in which the lease includes the type of sale and purchase agreement, while the pawn includes the type of loan contract. This combination of contracts is a type of multi-contract which is prohibited based on the hadith above. Transactions with this multi-contract form almost exist in all Islamic banking products today. This paper concludes that the law of engagement of lease contracts in pawn practices in Islamic banks is allowed. The Islamic jurisprudence scholars argue that this combination of contracts is compatible with the purpose of sharia (maqÄá¹£id al-sharī’ah), namely the ease in muamalah, lightening in the burden, and provide opportunities for innovation and the relevance of the development of the times and human needs in transactions.]]>
<![CDATA[Fikih Konservasi Laut: Relevansi Fiqh al-Bīʼah di Wilayah Pesisir Lamongan ]]>
<![CDATA[Mufid, Moh]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol 12 No 1 (2018) ]]>
Publisher : <![CDATA[Fakultas Syariah IAIN Purwokerto ]]>
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DOI: 10.24090/mnh.v12i1.1356
<![CDATA[This paper aims to reconstruct fishing jurisprudence in Lamongan regency in an eco-sharia perspective. Eco-sharia is a religious value that serves as a tool of social control for coastal communities in utilizing sustainable fisheries resources. Marine conservation efforts are a guarantee for the protection of marine resources in order to remain protected and sustainable. Fishing jurisprudence needs to be formulated to provide eco-sharia insight for fishermen about environmentally friendly fishing and in accordance with religious values. Fishing jurisprudence will be constructed based on fishery conservation practices in Lamongan regency as one of the coastal areas of Pantura (north coast of Java) that has been designated as a “minapolitan†fishery town. The implications of the reconstruction of fishing jurisprudence are expected to build a culture conscious of the marine environment and synergize the economic and ecological aspects as a culture for the fishermen community.]]>
<![CDATA[Pelaksanaan Tindak Pidana Pemerkosaan (Studi Komparasi antara Hukum Islam dan Qanun Jinayat di Aceh) ]]>
<![CDATA[Nurhayati, Nurhayati]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol 12 No 1 (2018) ]]>
Publisher : <![CDATA[Fakultas Syariah IAIN Purwokerto ]]>
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DOI: 10.24090/mnh.v12i1.1358
<![CDATA[Rape is a sexual crime that indicates highly enough rate in Indonesia. Rape according to the view of Islamic law is different from adultery. Adultery is sexual intercourses between man and woman without legal marriage and carried out consciously on the basis of mutual needs. Rape is not doing of just sexual intercourse but it has additional element that is carried out with force, violence or threats. Sanctions against rapists according to Islamic law is exactly the same as the act of adultery that is stoning and damping. Such sanctions apply only to rapists and not to the victim. Aceh’s Qānūn on Jināyat (criminal) law for the people is regulated in Regional Regulation (PERDA) No. 6 of 2014. Qānūn Jināyat for the people of Aceh is a unity of criminal law formed based on Islamic Shari'ah values ​​derived from the Qur’an and Ḥadīṡ. According to Qānūn Jināyat Aceh, everyone doing sexual rape crime is threatened with ‘uqūbat ta’zīr which in its application there is a difference of punishment with what is in the view of Islamic law.]]>
<![CDATA[Zakat Tanaman Menurut Ulama Dayah Aceh Perspektif MaqÄsÌ£id Al-Syarī‘ah ]]>
<![CDATA[Alimuddin, Alimuddin]]>;
<![CDATA[Desky, Harjoni]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol 12 No 2 (2018) ]]>
Publisher : <![CDATA[Fakultas Syariah IAIN Purwokerto ]]>
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DOI: 10.24090/mnh.v12i2.1360
<![CDATA[This study examines the reasons for Achehness Ulama of Dayah regarding plants and seeds that are subject to zakat. How the logic of thinking used by these ulama and their relationship with maqÄá¹£id al-syarī‘ah (syariah legal purposes). This research focuses on the legal substance of zakat as intended by the Qur’an and Hadith, then it is analyzed from the side of maqÄá¹£id al-syarī‘ah. The results of this study indicate that Acehnese Ulama argues that zakat of plants is only rice or a kind of staple food, on the grounds that it is a staple food of a country’s population, which has filling properties and can be stored and lasted. Other plants such as oil palm, cocoa, coffee, even though they are productive they are not zakatable wealth, because they do not meet these criteria. The legal reasoning of the Acehness Ulama uses the deductive method with the bayani (language) approach. On the other hand, the Acehness Ulama does not deny that the search for maqÄá¹£id al-syarī‘ah can be done through in-depth study, but it is not yet certain that the obligations of zakat on productive plants can be formulated through this approach, so they reject it. According to them, the command of zakat can only be understood from the side of ta‘abbudÄ« (worship approach), not through ta‘aqqulÄ« (resourceful approach).]]>
<![CDATA[Perceraian dalam Keluarga Muslim di Jawa Barat ]]>
<![CDATA[Sururie, Ramdani Wahyu]]>;
<![CDATA[Yuniardi, Harry]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol 12 No 2 (2018) ]]>
Publisher : <![CDATA[Fakultas Syariah IAIN Purwokerto ]]>
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DOI: 10.24090/mnh.v12i2.1361
<![CDATA[This study aims to describe the causes of high divorce rates in Muslim families in West Java based on the decisions of the Religious Courts, and this study also aims to formulate a strategy to prevent the increase in divorce rates. This study uses descriptive analysis method with interview techniques, study documents on the decisions of the Religious Courts and literature studies. The results of this study indicate that the highest cause of divorce in the mulism family in West Java is due to economic factors, there is no harmony and no responsibility. Prevention strategies for increasing divorce rates in West Java need to be done systemically from top to bottom, starting from family education before marriage and during conflicts between husband and wife. Thus, it can be concluded that the cause of the high divorce rate in Muslim families in West Java is due to a lack of commitment and knowledge of the essence of marriage, which makes the marital bond in a Muslim family fragile. The strategy to prevent increasing divorce rates is done systemically involving various elements, namely the government, community institutions, and the Religious Courts.]]>
