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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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Dinamika Poligami di Tengah Budaya Oligarkis-Patriarkis (Studi pada Masyarakat Poliwali Mandar dan Konawe Sulawesi) Sadat, Anwar; Ipandang, Ipandang
Al-Manahij: Jurnal Kajian Hukum Islam Vol 14 No 1 (2020)
Publisher : Fakultas Syariah IAIN Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1476.759 KB) | DOI: 10.24090/mnh.v14i1.3657

Abstract

This article attempts to look at the other side of polygamy in the context of Islamic law amid oligarchic-patriarchal culture. During this time, there are people who think the reality of polygamy as a normal action performed. But there are some state that marriage should be practiced with the true principles of monogamy. Therefore, the article focuses on the wisdom of the polygamy reality experienced by the people of Polewali Mandar district in West Sulawesi and Konawe in Southeast Sulawesi based on normative narratives. The conclusion of this article is the reality of polygamy appears inseparably from the theological and cultural foundation of value-patriarchal oligarchic. Hence, the Quranic verse interpretation greatly influences the thought and practice of marriage in a society. Like the one phrase (fa wāḥidah) in QS. an-Nisa verse 3 which is interpreted not to prohibit a polygamy but the demand to marry another wife besides the first wife if she is unable to be fair. If a man is able to be fair in the matter of material, then he is permitted to marry at least four women at the same time.
Urgensi dan Legitimasi Fatwa Majelis Permusyawaratan Ulama Aceh Nomor 3 Tahun 2018 tentang Penetapan Arah Kiblat Ismail, Ismail
Al-Manahij: Jurnal Kajian Hukum Islam Vol 14 No 1 (2020)
Publisher : Fakultas Syariah IAIN Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1477.729 KB) | DOI: 10.24090/mnh.v14i1.3669

Abstract

When Muslims have settled on the earth, one of the problems which become a focus of attention is the Kiblah direction. For Muslims, the Kiblah direction is not only the need for prayer which is one of the legitimate conditions of prayer, but also includes other needs related to Kiblah such as the position of burying the body, establishing a mosque and musalla. This paper explains the position of the MPU Aceh’s fatwa Number 3 of 2018 concerning the determination of the direction of the MUI of the fatwa of MUI number 3 and 5 of 2010 concerning the direction of Kiblah and explaining its relevance to the context. With the approach of astronomy, the position of the MPU Aceh fatwa Number 3 of 2018 concerning the determination of the direction of Kiblah is complementary to the MUI fatwa Number 3 and 5 of 2010 concerning the Kiblah direction. Improvements to the integrity and intensity of fatwas are responsive, proactive and anticipatory. The presence of the MPU Aceh’s fatwa on Kiblah direction is able to solve the problem of Kiblah direction in Indonesia, both in the technical and the sociological domain, because the content of the fatwa is relevant with the context and it accommodates the dimensions of science, technology and Fiqh as a characteristic of collective diligence (Ijtihad Jama'i).
Cerai Lebe sebagai Inisiatif Lokal dalam Upaya Meminimalisir Praktek Perceraian Liar (Studi Kasus di Desa Cangkring Kabupaten Indramayu) Nuroniyah, Wardah
Al-Manahij: Jurnal Kajian Hukum Islam Vol 14 No 1 (2020)
Publisher : Fakultas Syariah IAIN Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1471.607 KB) | DOI: 10.24090/mnh.v14i1.3739

Abstract

There are a lot of divorces conducted outside the court that occurs in Cangkring Village, Indramayu Regency. Uniquely in this village Lebe (a marriage registrar officer) became a facilitator in matters of divorce including in terms of handling administratively the data of divorced couples without submitting to the Religious Courts. Through a socio-juridical study, it is understandable as a choice for the community in resolving conflicts in marriages. There are many reasons for choosing divorce by Lebe, the individual reasons, such as the geographical location of the village that far from the court, economic factors, early marriage, low human resources, or local socio-cultural conditions that affect a person to do divorce through the Lebe. Based on the theory of social action by Talcott Parsons, the actors who chose divorce through Lebe are considered easier to achieve its goal of divorce. Divorce by Lebe in Cangkring village is intended to curb peace and legal protection for the people who have a very high divorce rate. The community was given convenience because the rules in divorce are not as complicated as the divorce process in the Religious Court, even though it is considered illegal.
Hukum Perubahan Status Harta Benda Wakaf: Studi Kasus Perubahan Status Kepemilikan Tanah Wakaf di Desa Keniten Kecamatan Kedungbanteng Kabupaten Banyumas Sarmo, Sarmo
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.v14i2.3216

Abstract

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-maṣāliḥ wa dar 'al-mafāsid, the exchange of waqf land in Keniten Village, Kedungbanteng District, Banyumas Regency is not against Islamic law because it brings more benefits.
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.
Dari Idealisme ke Pragmatisme: Pergeseran Paradigma dalam Pengembangan Hukum Ekonomi Syariah di Indonesia Addiarrahman, Addiarrahman; Yanti, Illy
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.v14i2.3408

Abstract

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 makhārij al-fiqhiyyah, which is to choose a mild opinion by sticking to the strongest method or also called "taysīr al-manhajī". 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-'inān contract only in a forced state (ḍarurah).
Undang-Undang Informasi dan Transaksi Elektronik dalam Konteks Maqāṣid Syarī‘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.
Titik Singgung Hukum Islam dengan Hukum Adat pada Naskah Perundang-Undangan Kerajaan Islam di Nusantara Masykhur, Anis
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.v14i2.3724

Abstract

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-ʻadāh al-muhakamah" which means that customs can be used as a legal basis. Ibn al-Qayyim also introduced the rule of "taghayyur al-fatwā 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.
Dinamika Penentuan Awal Ramadan di Sumatera Barat Wusqa, Urwatul; Salma, Salma; Yudhiani, Walan
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.v14i2.3729

Abstract

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.
Menakar Urgensi dan Masa Depan Legislasi Fiqih Produk Halal di Indonesia Rohmah, Siti; Tohari, Ilham; Kholish, Moh. Anas
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.v14i2.3811

Abstract

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.

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