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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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Fatwa Majelis Ulama Indonesia sebagai Solusi Permasalahan Umat Islam di Indonesia Pelu, Ibnu Elmi Achmat Slamat; Tarantang, Jefry
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.v14i2.3927

Abstract

The Indonesian Ulema Council (MUI) has an important role in answering the increasingly complex problems of Muslims through fatwas. However, in the Indonesian legal system, fatwas are not considered a source of material law that has legal validity as a solution to the problems of Muslims in Indonesia. Therefore, this study aims to describe the position of fatwas in the legal system in Indonesia and the existence of the fatwas of the Indonesian Ulema Council in addressing the problems of the ummah. This research is a normative legal research using three types of approaches consisting of a statutory approach, a historical approach, and a conceptual approach. The results of this study concluded that: firstly, the position of fatwas in the construction of Islamic law has a high position. Fatwas are seen as a solution that can break the ice in legal development that is not accommodated by the texts of the Quran. So, substantively and sociologically, fatwas have a strong and binding position in Islamic law. Secondly, the existence of the fatwa of the Indonesian Ulema Council in responding to the problems of the Ummah can be seen in two aspects. The first aspect, fatwas in the perspective of Islamic legal authority are binding sociologically in substance. This is because fatwas are explanations and interpreters of the texts of the Quran regarding Islamic law. The second aspect, fatwas from the perspective of the hierarchy of laws and regulations, legally and formally, do not have any position in the ranking of legal norms. However, it is constitutionally guaranteed through Article 29 of the 1945 Constitution that guarantees the realization of the fulfillment of all Islamic law for Muslims in Indonesia.
Persaksian Talak: Perspektif Ulama Sunni dan Syi'ah Imamiyah Trigiyatno, Ali
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.v14i2.3928

Abstract

In general, Islamic scholars have the same spirit in addressing the occurrence of divorce, namely the desire to make divorce difficult. However, on the other hand, there appears to be an inconsistency in this matter, where when reading fiqh books in a Sunni environment it seems that they facilitate divorce. As in the case of divorce testimony, Sunni ulama legalize the fall of divorce without witnesses, while among Shia clerics, they make divorce more difficult by requiring two fair witnesses to the legality of a divorce. This article aims to compare the two different views of Sunni and Shia scholars regarding divorce testimony in order to determine a stronger and more beneficial opinion. The result of the research proves that the arguments of the Shia ulama which oblige two witnesses to validate divorce are stronger and more beneficial. This opinion also makes it more difficult for the possibility of divorce to fall, and in its development, it is used in the legislation of Muslim countries by requiring divorce in front of a court session where at least two witnesses are certain to witness.
Literasi Politik Komunitas Samin di Bojonegoro dalam Pemilu Perspektif Fiqih Siyasah Hasyim, Muh Fathoni
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.v14i2.3933

Abstract

The dynamics of political participation of the Samin community in Bojonegoro show significant development of political literacy. This study is focused on answering the political literacy of the Samin community in voicing their aspirations in the General Election from the perspective of Fiqh Siyasah. The results of the study show that the level of political literacy of the Samin community is increasing. The indicator is that the enthusiasm of the Samin people in exercising their voting rights in the general election. In facing elections, the Samin community usually holds a community meeting led by the customary head, to determine the direction of their political aspirations. Over time, this tradition, although still valid, the results of its decisions are not binding. This means that the Samin people are given the freedom to make their own choices. This is different from previous times where the results of the deliberations were a collective decision in determining political aspirations. In the context of Fiqh Siyasah, the political literacy of the Samin community in the General Election is an exciting process of democratization, because the participation of the Samin community shows a growing awareness of living as a nation and a state within the frame of diversity. The practice of deliberation carried out by the Samin community is the application of the principle of deliberation in Islam, so that even though the results are not binding, the decision-making process creates a dialogue between community members to build an increasingly dynamic and progressive political literacy of the Samin community.
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.
Maqsud Hifz al-Ummah fi Salat al-Jumu'ah (Dirasah Tahliliyyah min Khilal Haqiqat wa Syurut Salat al-Jumu'ah fi al-Mazahib al-Arba'ah) Mochamad Baqir, Zaenal Abidin
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 | DOI: 10.24090/mnh.v14i1.3554

Abstract

Friday Prayer is one of the obligatory services for all Muslims in the world. Aside from being an obligation, Friday prayers are also a gathering place and are a unifying symbol of Muslims. The problem that arises at this time is that many people do not perform Friday prayers; even Friday prayers are held in various mosques in one neighbourhood. This fact denies the essence of Friday prayers. The method used in this paper is a qualitative method with a normative approach. This article aims to find out the purpose of the law (maqāṣid al-syarī'ah) from the Friday prayers. From the various schools of jurisprudence the four schools can be seen that all the Imams of the schools agreed on the prescribed conditions of Friday prayers and all Muslims must carry them out. The obligation to carry out this Friday prayer, besides aiming at carrying out compulsory worship, is also a gathering place and a symbol of the unity of Muslims. Brotherhood and unity of Muslims can be done if one ward is only held one Friday prayer. This is different from the fact that runs at this time, where many Muslims in one region or neighbourhood perform Friday prayers with more than one mosque. This fact will contradict the intrinsic purpose (al-maqāṣid al-ḥaqīqī) of the Friday prayer.
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.
Kedewasaan Usia Perkawinan Perspektif Hadis Nabi Muhammad dengan Pendekatan Interkoneksitas Maslahah Gaffar, Abdul; Rusdi, M Ali; Akbar, Akbar
Al-Manahij: Jurnal Kajian Hukum Islam Vol 15 No 1 (2021)
Publisher : Fakultas Syariah IAIN Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/mnh.v15i1.3731

Abstract

Indonesian Muslims have not maximally applied maturity of marriage age as an important aspect in obtaining marital success. Apart from the concept of maturity of diverse marriage age, divorces and many marital problems based on the immaturity of a married couple still rife in Indonesia. The government has even issued regulations related to the age of marriage through Law number 1 of 1974 that was revised by Law number 16 of 2019, which stipulates that marriage is limited to a minimum age of 19 years for the two brides. This article aims to find the concept of quality-oriented marriage age to complement the quantity-oriented idea as applied by the Indonesian government and as understood differently by Muslims based on the opinions of the scholars (‘ulamā). This article abstracts the concept of the ideal age of marriage from the instructions of the Prophet Muhammad PBUH as the primary reference of Islamic teachings by discussing the hadīth using the ma‘ānī al-ḥadīṡ analysis with three interpretation techniques namely textual, intertextual, and contextual interpretation to obtain comprehensive meaning. The results of the examination show that the hadīth requires the criteria for the maturity of the marriage age in the form of religious, physical, financial, and social maturity. These qualitative criteria fulfill the element of maqāṣid al-syarī‘ah and are interconnected so that they should be actualized as a new basis in the formulation of policies related to the maturity of marriage age in Muslim societies.
[RETRACTED:] Membaca Maqasid Al-Syari'ah dalam Konteks Kemaritiman dan Ketahanan Nasional Jahar, Asep Saepudin; Lubis, Amany; Fahri, Muhamad
Al-Manahij: Jurnal Kajian Hukum Islam Vol 15 No 1 (2021)
Publisher : Fakultas Syariah IAIN Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/mnh.v15i1.3832

Abstract

[This article is retracted because the authors have already submitted and published it elsewhere. The authors submitted it to another journal while the article was in the editorial process of Al-Manahij: Jurnal Kajian Hukum Islam.] [Editor-in-chief: Bani Syarif Maula] ****************************** This essay deals with the integration between Islamic law and maritime affairs and national defence. The ends of sharia play a significant role in providing a mechanism and its practical strategies on how maritime affairs and national defence to be developed. This study searches to highlight dimension integration between Islamic law, social and natural sciences. It elaborates on the making of Islamic values as the basis of maritime affairs, national defence in maintaining social and natural lives. The object of this study is maritime and national security which is used as data and research analysis on the integration of Islam, science and society. This research explains that the scope of Islamic values in terms of maritime and national security is part of the foundation for preserving life, property and the quality of the nation's next generation (preserving offspring). By employing Jasser Auda’s thoughts on specific maqāṣid, this paper argues that strengthening maritime affairs and national defence needs to be integrated with the ends of Islamic law.
The Distribution Mechanism of Subsidized Liquid Petroleum Gas in Sajad District West Kalimantan: An Investigation Based on Islamic Law Arifin, Zarul
Al-Manahij: Jurnal Kajian Hukum Islam Vol 15 No 1 (2021)
Publisher : Fakultas Syariah IAIN Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/mnh.v15i1.3960

Abstract

This research is based on an initial survey of the distribution of subsidized 3-kg LPG which I think is not right on target because it is full of fraudulent practices. In distributing LPG, it was found that many rich people still buy subsidized 3-kg LPG. In fact, according to government regulations, 3-kg LPG is intended for the poor economic community or small business owners. The problem that is the focus of this research is how the mechanism for distributing 3-kg LPG is in Sajad Regency, and how is the law on selling 3-kg LPG for the rich when viewed according to Islamic law. To answer these questions, data collection techniques were carried out through observation and interviews. The results of this study are 1) the distribution of 3-kg LPG is not in accordance with government regulations, namely the distribution of LPG prioritizes people who can afford it above the official price, while the poor can only get a small part of the official government price/national subsidy price, so there are more stock for sale at more expensive than the official price. 2) If viewed from Islamic law, the distribution of 3-kg LPG is not in accordance with the sharia business method because it is carried out by ignoring government regulations, namely traders are considered to have broken an agreement with the government regarding price determination. In addition, this buying and selling practice also lacks supervision, no sanctions and no law enforcement to maintain subsidy prices so that many sellers dare to violate contracts with the government and violate government regulations.

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