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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 288 Documents
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Ijtihad Ibn Qayyim Al-Jawziyyah dan al-Maqāṣid al-Juz’iyyah: Refleksi Penyelesaian Kasus Hukum Islam nofialdi, Nofialdi
Al-Manahij: Jurnal Kajian Hukum Islam Vol 12 No 1 (2018)
Publisher : Fakultas Syariah IAIN Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1108.175 KB) | DOI: 10.24090/mnh.v12i1.1362

Abstract

The understanding of a mujtahid toward maqāṣid al-syarīʻah becomes something urgent and significant, since ijtihad must be able to realize benefits, which is the substance of maqāṣid al-syarīʻah both in the general scale (‘āmmah), special (khāṣṣah), as well as in scale for specific cases (juz`iyyah). Ibn Qayyim, for example, in most cases is very concerned about maqāṣid al-syarī'ah, which one of its parts is al-maqāṣid al-juz’iyyah. In the case of the necessity of cleaning urine trails, specifically (juz'ī) it is not required to the urine of baby boys. This clearly shows that Ibn Qayyim is very concerned about al-maqāṣid al-juz’iyyah, because it is difficult to clean urine traces of baby boys so that it is not required to clean it up but simply by splashing water on the traces. Likewise in other cases, such as the necessity of ablution after eating camel meat, which is not required to be other than camel meat, the sale and purchase of salam (order) and the waiting period of women left behind, also shows that Ibn Qayyim is very concerned with the realization of al-maqāṣid al-juz’iyyah in establishing the law .
The Authority of Majelis Tafsir Al-Qur’an (MTA) Fatwa: Critical Review of the MTA’s Sunday Morning Brochure Nashirudin, Muh; Mudofir, Mudofir
Al-Manahij: Jurnal Kajian Hukum Islam Vol 12 No 2 (2018)
Publisher : Fakultas Syariah IAIN Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (837.536 KB) | DOI: 10.24090/mnh.v12i2.1634

Abstract

This paper discusses the authority behind the Sunday Morning Brochure by Majelis Tafsir Al-Qur’an (MTA). The Sunday Morning Brochure is a study material given on Sunday morning and distributed to MTA members, and they can be regarded as a fatwa or the result of the MTA’s ijtihād in understanding the sources of Islamic law. From the documentations and interviews, this research finds that the study materials on the MTA’s Sunday morning brochures have been designed by a team of experts under the supervision of Ahmad Sukina. However, the brochures are, in fact, only prepared individually by the chairman of the team, i.e. Masduki who cannot be said to be authoritative in the istinbāṭ or ijtihād of Islamic law because he does not meet the criteria as an individual mujtahid in establishing the Islamic law. While using the jargon back to the Qur'an and Sunnah, MTA still uses ijmā' and qiyās as a proposition though in a very limited case. Other sources than those four, such as istiḥsān, maṣlaḥah, and istiṣḥāb will not be used by the MTA.
Analisis Jaminan pada Pembiayaan Muḍārabah dalam Perspektif Maqāṣid Al-Syarī‘ah Lestari, Dini Maulana
Al-Manahij: Jurnal Kajian Hukum Islam Vol 13 No 2 (2019)
Publisher : Fakultas Syariah IAIN Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (862.31 KB) | DOI: 10.24090/mnh.v13i2.1679

Abstract

This paper analyzes the concept of muḍārabah as the main product in sharia banking, where the financing product should be excellent in its marketing. However, muḍārabah financing products are often faced with complicated portfolios and low market shares because they are indicated by high levels of financial risk. To bridge this, collateral is one of the tools used by the Sharia Bank in order to minimize these risks. This type of research is literature with a qualitative-explorative descriptive approach. The results showed that the collateral in muḍārabah financing functions as a Shariah Bank intervention tool to create benefits for creditors and debtors in the event of default in their business, also to avoid moral hazard activities and asymmetric information.
Diskursus ‘Iddah Berpersepktif Gender: Membaca Ulang ‘Iddah dengan Metode Dalālah al-Naṣṣ Nuroniyah, Wardah
Al-Manahij: Jurnal Kajian Hukum Islam Vol 12 No 2 (2018)
Publisher : Fakultas Syariah IAIN Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (982.357 KB) | DOI: 10.24090/mnh.v12i2.1745

Abstract

Generally ‘iddah only applies to women (wives), with the ultimate goal of knowing the emptiness of wife’s womb. But if indeed the sole purpose of ‘iddah is to know the vacuum of the womb, then it is appropriate that ‘iddah is only for women, for only women have wombs. In this case, it means that ‘iddah only relates to sex (gender) and it is natural. However, the function of ‘iddah is not only to know the cleanliness of a wife’s womb, but from some other wisdom such as the prevention of infectious diseases, the period of reconciliation, upholding marital problems, and also serving a period of mourning when one’s partner dies. The wisdom and purpose of ‘iddah is actually an implementation of the concept of general benefits (al-kulliyat al-khams) namely hifẓ al-dīn (for religion), hifẓ al-nafs (for souls), hifẓ al-‘aql (for minds), hifẓ al-nasl aw al-‘ird (for esteems) dan hifẓ māl (for properties/wealth). By using the method of dalālah al-dalālah, and by taking into account the legal reasoning (‘illah al-ḥukm), it is very logically and legally acceptable that the implementation of ‘iddah is not only for women. The enactment of ‘iddah for women (wives) and men (husbands) is at least more upholding the human dignity and human rights ​​when marriage is concerned. This study uses a philosophical approach, with the aim of trying to find benefit values ​​in syariah law from the concept of ‘iddah, which is based on gender equality.
Menggagas Hak Kekayaan Intelektual Perspektif Hukum Islam ke dalam Hukum Nasional Triana, Nita
Al-Manahij: Jurnal Kajian Hukum Islam Vol 12 No 2 (2018)
Publisher : Fakultas Syariah IAIN Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (857.867 KB) | DOI: 10.24090/mnh.v12i2.1747

Abstract

This study aims to describe and analyze Intellectual Property Rights (IPR) under the rules of Trade-Related Aspects of Intellectual Property Rights (TRIPs) which are in several respects different from the laws that live in Indonesia. Therefore, it is necessary to initiate Intellectual Property Rights Law that is in accordance with the values that live in Indonesia, the majority of which are Muslim communities. The results of this study illustrate that the legal protection of the owners of In­tellectual Property Rights (IPR) in Indonesia has been regulated in various laws and regulations that are included in the Intellectual Property Rights Law system. These regulations must refer strictly to the TRIPs Agreement. The Intellectual Property Rights regime with the rules of TRIPs has two sides in the protection of intellectual property rights, on the one hand it protects individual interests from piracy and theft of intellectual property, but on the other hand empirically this le­gal protection greatly benefits developed countries. Based on this, the Intellectual Property Rights Law must be rebuilt with the source of material law originating from values that live in Indonesian society, namely Islamic law.
Analisis Crowdfunding Syariah Berdasarkan Prinsip Syariah Compliance serta Implementasinya dalam Produk Perbankan Syariah Novitarani, Anisah; Setyowati, Ro’fah
Al-Manahij: Jurnal Kajian Hukum Islam Vol 12 No 2 (2018)
Publisher : Fakultas Syariah IAIN Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (929.86 KB) | DOI: 10.24090/mnh.v12i2.1759

Abstract

The presence of fintech in the form of crowdfunding with sharia principles can increase financing in Islamic banking. The concept of Islamic crowdfunding must basically be guided by the Qur'an and the Sunnah. This is in accordance with the Fatwa of the National Sharia Council-Indonesian Ulama Council (DSN-MUI) Number 117 / DSN-MUI / II / 2018. Referring to the Fatwa of the DSN-MUI, sharia crowdfunding in its implementation must be in accordance with Islamic law. The suitability of Islamic law with the concept of sharia crowdfunding can be seen from the perspective of shariah compliance, which must be free from gambling (maysīr), usury (ribā), fraud (gharar) and wrongdoers (ẓālim). Sharia crowdfunding can have at least two types of contracts in the transaction, musyārakah and qarḍ. The two contracts must fulfill their respective terms and conditions so that the contract implemented can be considered valid. Problems that are often faced in implementing crowdfunding are in terms of legality and security. The problem of the law regarding the practice of sharia crowdfunding needs to be monitored by the National Sharia Board in order to conform to sharia so that people do not hesitate to invest through the sharia crowdfunding platform.
Hukum Denda dalam Keuangan Publik Islam di Indonesia Aziz, Fathul Aminudin
Al-Manahij: Jurnal Kajian Hukum Islam Vol 12 No 2 (2018)
Publisher : Fakultas Syariah IAIN Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (908.2 KB) | DOI: 10.24090/mnh.v12i2.1760

Abstract

Fines are sanctions or punishments that are applied in the form of the obligation to pay a sum of money imposed on the denial of a number of agreements previously agreed upon. There is debate over the status of fines in Islamic law. Some argue that fines may not be used, and some argue that they may be used. In the context of fines for delays in payment of taxes, in fiqh law it can be analogous to ta'zir bi al-tamlīk (punishment for ownership). This can be justified if the tax obligations have met the requirements. Whereas according to Islamic teachings, fines can be categorized as acts in order to obey government orders as taught in the hadith, and in order to contribute to the realization of mutual benefit in the life of the state. As for the amount of the fine, the government cannot arbitrarily determine fines that are too large to burden the people. Penalties are applied as a message of reprimand and as a means to cover the lack of the state budget.
Rekonstruksi Hukum Waḍ`ī: Pembaharuan Usul Fikih dan Respon terhadap Kajian Fikih Siregar, Ahmad Sholihin
Al-Manahij: Jurnal Kajian Hukum Islam Vol 12 No 2 (2018)
Publisher : Fakultas Syariah IAIN Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (745.41 KB) | DOI: 10.24090/mnh.v12i2.1762

Abstract

This study aims to reconstruct the waḍ’ī law in uṣūl fiqh. This reconstruction is important considering the facts: mubṭil which is always cited in fiqh, has no referrence to uṣūl fiqh, the ambiguity of waḍ’ī’s definition and its unsystematic function as explained in uṣūl fiqh. The reconstruction of waḍ’ī law in this article consisted of: 1) adding mubṭil to waḍ’ī law. Mubṭil, as a decree of Allah (khiṭābullāh) which stipulates something as the cause of the cancellation of acts, is required in law because it is needed in explaining the law of acts, it is not the opposite of conditions (syarṭ), and the decree (khiṭāb) about mubṭil is found in the Qur’an; 2) ‘azīmah should also be determened as khiṭābullāh, which stipulates something as a special reason for the enactment of general law from special law, in addition to the initial definition. 3) the waḍ’ī law should be defined implicitly and exclusively as khiṭābullāh, assigned something as determinant factor or measurement for mukallaf’s (legal subjects) deeds. 4) Restructuring of waḍ’ī law according to its function, i.e. by measuring taklīfī law, it must be divided into three parts systematically, namely: pre-acts (sabab-māni`-rukhṣah-’azīmah), in acts (syarṭ-mubṭil), and post-acts (ṣaḥīḥ-bāṭil).
Interkoneksi Fikih Hisab Rukyat dan Ilmu Geodesi Marwadi, Marwadi
Al-Manahij: Jurnal Kajian Hukum Islam Vol 12 No 2 (2018)
Publisher : Fakultas Syariah IAIN Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (747.067 KB) | DOI: 10.24090/mnh.v12i2.1768

Abstract

Islamic studies, including fiqh, using an integration-interconnection approach with other sciences are important to do to get a more complete perspective. One of them is the interconnection of “hisab-rukyat” fiqh with geodesy. In general, the study of the Qibla direction, the beginning of prayer times, the beginning of the qamariah month, and eclipses in “hisab-rukyat” fiqh, uses the general formula of spherical trigonometry with a round earth reference. Round earth references in the study of the region differ from the real condition of the earth in the form of an ellipsoid as described in geodesy. To get more valid results, it is important to convert latitude and place height. The latitude of the place obtained by reference or GPS is the geodetic latitude with the earth reference in the form of an ellipsoid, whereas the spherical trigonometry formula refers to the shape of a round Earth. The place height obtained through GPS is the ellipsoid height, not the desired orthometric height (above the average surface of sea water). By converting these data, studies of the “hisab-rukyat” fiqh can be more valid. By increasing the validity of the calculation results, the interconnection between “hisab-rukyat” fiqh and geodesy appears in the form of complementation, meaning that data and findings of geodesy can complement data and analysis in “hisab-rukyat” fiqh, so that it is possible to draw more valid conclusions.
Politik Hukum Pidana Indonesia: Analisis Korelasi Siyasah Syar’iyah dan Pencegahan Korupsi Rosman, Edi; Alfin, Aidil; Bustamar, Bustamar
Al-Manahij: Jurnal Kajian Hukum Islam Vol 13 No 1 (2019)
Publisher : Fakultas Syariah IAIN Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (742.371 KB) | DOI: 10.24090/mnh.v0i1.1797

Abstract

Corruption as an extraordinary crime is treated extraordinarily in Indonesia. The state’s treatment of corruption is part of the legal policies of the country. Indonesia is an anti-corruption country, but the corruption index is relatively high. The presence of the Corruption Eradication Commission (KPK) seems more repressive as a representation of the current Indonesian criminal law politics. Indonesia is an anti-corruption country, but the corruption index is relatively high. The presence of the Corruption Eradication Commission (KPK) seems more repressive in handling corruption cases as a representation of the current Indonesian criminal law politics. But prevention efforts have received little attention. Why have Indonesian criminal law policies not been oriented to the prevention of corruption? Ideally, efforts to prevent corruption in Indonesia use criminal law policies that are based on religious and moral values. Correlatively according to Islamic law, siyāsah syar’iyyah (Islamic legal policy) will have a positive effect on corruption prevention. Institutionalizing siyāsah syar’iyyah for prevention of corruption in Indonesia is relevant to the sociological conditions of religious communities. Is it preventing better than giving punishment? Emergency in dealing with corruption is the same as an emergency in dealing with morality. siyāsah syar’iyyah is used as a way of dealing with moral emergencies. Indonesian criminal law policy that is based on siyāsah syar’iyyah is the main solution in efforts to prevent corruption.

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