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 a scholarly and professional discourse of Islamic laws. Al-Manahij covers textual and fieldwork studies of Islamic laws with various perspectives. The journal is published twice a year (every June and December), and each publication contains ten articles in the field of Islamic law, therefore in a year, the journal publishes twenty articles. The journal presents qualified scholarly articles, which always place Islamic law in the central focus of academic inquiry. This journal is a forum for debate for scholars and professionals concerned with Islamic law and Islamic legal cultures within local and challenging global contexts. The journal invites any comprehensive observation of Islamic law as a system of norms in Muslim society. The journal has become a medium of diffusion and exchange of ideas and research findings, so much so that researchers, writers, and readers have interacted in a scholarly manner.
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<![CDATA[Kedewasaan Usia Perkawinan Perspektif Hadis Nabi Muhammad dengan Pendekatan Interkoneksitas Maslahah ]]>
<![CDATA[Abdul Gaffar]]>;
<![CDATA[M Ali Rusdi]]>;
<![CDATA[Akbar Akbar]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol 15 No 1 (2021) ]]>
Publisher : <![CDATA[Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto ]]>
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DOI: 10.24090/mnh.v15i1.3731
<![CDATA[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 (‘ulamÄ). 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 hadÄ«th using the ma‘ÄnÄ« al-hÌ£adīṡ analysis with three interpretation techniques namely textual, intertextual, and contextual interpretation to obtain comprehensive meaning. The results of the examination show that the hadÄ«th 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 maqÄá¹£id 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.]]>
<![CDATA[[RETRACTED:] Membaca Maqasid Al-Syari'ah dalam Konteks Kemaritiman dan Ketahanan Nasional ]]>
<![CDATA[Asep Saepudin Jahar]]>;
<![CDATA[Amany Lubis]]>;
<![CDATA[Muhamad Fahri]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol 15 No 1 (2021) ]]>
Publisher : <![CDATA[Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto ]]>
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DOI: 10.24090/mnh.v15i1.3832
<![CDATA[[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.]]>
<![CDATA[The Distribution Mechanism of Subsidized Liquid Petroleum Gas in Sajad District West Kalimantan: An Investigation Based on Islamic Law ]]>
<![CDATA[Zarul Arifin]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol 15 No 1 (2021) ]]>
Publisher : <![CDATA[Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto ]]>
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DOI: 10.24090/mnh.v15i1.3960
<![CDATA[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.]]>
<![CDATA[Telaah Integratif Filsafat Hukum Publik dan Teori Maslahah terhadap Kebijakan Amnesti Pajak di Indonesia ]]>
<![CDATA[Karimatul Khasanah]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol 15 No 1 (2021) ]]>
Publisher : <![CDATA[Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto ]]>
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DOI: 10.24090/mnh.v15i1.4041
<![CDATA[Tax amnesty policy has been issued by the Government of Indonesia for six times, i.e., 1964, 1984, 2007, 2009, 2015, and 2016. But actually, such policy is not a common one, because taxes are obligation for everyone who has met the criteria as a taxpayer. Therefore, the emergence of this policy often leads to controversial responses from many people. This research aims to reveal how the analysis of the philosophy of public law (justice, expediency and legal certainty) toward tax amnesty policies in Indonesia, which is integrated with the theory of maá¹£laḥah (public benefit) in Islamic legal philosophy (Usul al-Fiqh). The findings of this study indicate that the implementation of the three legal principles in the tax amnesty policy in Indonesia actually has a legal legitimacy (i’tibÄr syar’iy) in the perspective of maá¹£laḥah (public benefits). As the character of the maslahah, then the hierarchy of the three is tentative depending on the level of urgency driven by surronding situations and conditions.]]>
<![CDATA[Putusan Serta Merta dalam Perkara Hadhanah di Pengadilan Agama dalam Rangka Perlindungan Anak ]]>
<![CDATA[Asni Asni]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol 15 No 1 (2021) ]]>
Publisher : <![CDATA[Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto ]]>
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DOI: 10.24090/mnh.v15i1.4115
<![CDATA[Child custody cases processed in the Religious Court often cause certain problems. Therefore, a special strategy is needed by the judge in resolving child custody cases. This paper describes the opportunities for implementing decisions immediately as one of the strategies that can be taken by judges in resolving child custody cases in the Religious Court. A decision immediately is a decision that can be immediately executed even if the opposing party submits legal action. Methodologically, this study uses normative legal research so that it applies a juridical normative approach. The research was conducted by adapting a literature study combined with interviews with Religious Court judges. The results of the study confirm that a decision immediately is one of the strategies that a judge can take if in a case it is feared that the losing party will make negative efforts that can harm the winning party. However, the most important consideration for the judge in this matter is for the best interest of the child and the realization of the benefit of society.]]>
<![CDATA[Konstruksi Epistemologi Fikih Pandemik: Analisis Fatwa-Fatwa MUI ]]>
<![CDATA[Ilyas Supena]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol 15 No 1 (2021) ]]>
Publisher : <![CDATA[Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto ]]>
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DOI: 10.24090/mnh.v15i1.4203
<![CDATA[The Covid-19 pandemic has changed the behavior of people in the world, both in social, political, cultural and religious practices. The practice of strict health protocols has changed religious practices, both in Islam, Christianity, Hinduism, Buddhism and other faiths. In Islamic countries or countries where the population is predominantly Muslim, the ulama play an important role in legitimizing these changes in religious practice. In Indonesia, there is the Indonesian Ulema Council (MUI) which plays a role in providing fatwas related to changes in religious practices, such as prayer, zakat, Hajj and burying people who died due to being infected with Covid-19. These fatwas raise the issue of the epistemological construction that underlies the fatwas. Through a philosophical approach and content analysis of the MUI fatwas products, it was found that MUI fatwas were based more on empirical-scientific arguments (burhani) as well as ethical principles of Islamic teachings contained in the principles of maslahah (general good) and syadz al-zari'ah (avoiding danger). This article shows that the legal reasoning built by MUI shows the tendency of epistemology with a realism style based on scientific facts so that religion plays a role in providing legitimacy in the ethical and moral realm in the form of sharia objectives (maqÄshid al-syarī’ah).]]>
<![CDATA[Peran Kaidah Fikih dalam Aktualisasi Hukum Islam: Studi Fatwa Yusuf Al-Qaradawi tentang Fiqh Al-Aqalliyat ]]>
<![CDATA[Zainul Mun'im]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol 15 No 1 (2021) ]]>
Publisher : <![CDATA[Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto ]]>
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DOI: 10.24090/mnh.v15i1.4546
<![CDATA[Fiqh as a product of Islamic law must always be up to date to become a religious solution for society. This fact requires scholars to have high creativity in doing ijtihad so that actualizing of Islamic law can be realized perfectly in today's contemporary era. One of the scholars who focus on the actualization of Islamic law is YuÌ„suf al-QaradÌ£aÌ„wiÌ„. His fatwas, which contain actualizations of Islamic law, are fatwas on Muslim minority issues (fiqh al-aqalliyaÌ„t). This study highlights the role of Islamic legal maxims (al-qawaÌ„id al-fiqhiyyah) in al-Qaraá¸ÄwÄ«'s fatwa on fiqh al-aqalliyaÌ„t. The data comes from books and articles related to the theme. This research proves that Islamic legal maxims have a dominant role in the methodology of al-QaradÌ£aÌ„wī’s ijtihad. In establishing his fatwa, al-QaradÌ£aÌ„wiÌ„ based the argument on the opinion of the islamic scholars in accordance to the basic values of fiqh principles. Therefore, his fatwa can be an actual solution for minority Muslim communities in Western countries. Thus, Islamic legal maxims (al-qawaÌ„id al-fiqhiyyah) play a role in controlling and systematizing the laws around fiqh al-‘aqalliyÄt so that it always leads to convenience and avoids difficulties.]]>
<![CDATA[Hukuman Mati Bagi Koruptor Pada Saat Keadaan Tertentu (Pandemi COVID-19) Perspektif Hukum Nasional dan Hukum Islam ]]>
<![CDATA[Dahyul Daipon]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol 15 No 1 (2021) ]]>
Publisher : <![CDATA[Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto ]]>
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DOI: 10.24090/mnh.v15i1.4579
<![CDATA[The current condition of the Covid-19 pandemic is a time where almost everyone feels social and economic difficulties. Communities whose regions apply restrictions/quarantines are highly dependent on assistance from the government. This paper is a study and analysis of one question how the death penalty can be applied to perpetrators of corruption during the Covid-19 outbreak or pandemic. In the criminal law that applies in Indonesia, the death penalty for perpetrators of criminal acts of corruption is contained in Article 2 paragraph 2 of Law no. 31 of 1999 concerning the Eradication of Corruption Crimes. Meanwhile, in Islamic law, corruption is categorized as jarimah ta'zir. The results of this study conclude that during a pandemic, the death penalty can be applied to corruptors in accordance with the provisions of Article 2 of the Anti-Corruption Law and the provisions of Islamic criminal law as jarimah ta'zir. There are fundamental differences in the application of the death penalty for corruptors according to positive law and Islamic criminal law, especially with regard to the conditions required for the imposition of the death penalty. Even though this seems cruel according to human rights supporters, this needs to be a concern for all law enforcers so that they can carry out strict law enforcement against perpetrators of corruption crimes during the pandemic.]]>
<![CDATA[Pariwisata Halal: Studi Komparatif Hotel Syariah di Yogyakarta dan Bali ]]>
<![CDATA[Abd. Halim]]>;
<![CDATA[Nurdhin Baroroh]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol 15 No 1 (2021) ]]>
Publisher : <![CDATA[Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto ]]>
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DOI: 10.24090/mnh.v15i1.4602
<![CDATA[In recent years, the hotel business has become a leading sector in the development of the halal industry. This makes hoteliers compete to provide excellent service for Muslim tourists. This phenomenon received a positive response from the government with the issuance of the Minister of Tourism and Creative Economy Regulation No. 2 of 2014 concerning guidelines for the implementation of a sharia hotel business. This paper attempts to describe the response of hoteliers in Yogyakarta and Bali to ministerial regulation. The results of this study conclude that hoteliers in Yogyakarta respond to these regulations by choosing the concept of a sharia hotel, namely hotel management in accordance with the provisions of Islamic law; while hoteliers in Bali choose the concept of a Muslim-friendly hotel, namely a hotel with Islamic characteristics that is able to provide basic facilities that are more friendly to Muslim customers.]]>
<![CDATA[Diskursus Hukum Islam dalam Konteks Keindonesiaan: Memahami Kembali Nilai-Nilai Substantif Agama ]]>
<![CDATA[M. Ikhwan]]>;
<![CDATA[Anton Jamal]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol 15 No 1 (2021) ]]>
Publisher : <![CDATA[Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto ]]>
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DOI: 10.24090/mnh.v15i1.4689
<![CDATA[This paper explain the discourse of Islamic law in the Indonesian context in order to understand the substantive values of religion in national life. The development of the times raises the complexity of problems in life, including the presence of Islamic law in the nation-state, this of course requires a comprehensive discourse in order to answer each of these problems. This paper uses a qualitative research method with a narrative approach by referring to secondary sources so that it can be concluded. First, the formulation of Islamic law in Indonesia needs to be considered in terms of prioritizing the application of the noble values of religion itself (substantive). Second, the role of religion is very large in public life, hence the exclusion of religion from the private sphere or vice versa (placing religious law into the public sphere) needs to be viewed from various aspects. Third, the formalization of Islamic law in several perspectives of the Indonesian legal system is relatively difficult to materialize because of historical, ideological, sociological, political, juridical, religious and cultural considerations, both at the national and international levels.]]>
