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[Marriage Dispensation in Underage Marriage: A Case Study at the Purwokerto Religious Court ]]>
<![CDATA[Syufa'at Syufa'at]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol 16 No 1 (2022) ]]>
Publisher : <![CDATA[Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto ]]>
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DOI: 10.24090/mnh.v16i1.4229
<![CDATA[The purpose of marriage is to make family in happy and eternal according to the purpose of Law Number 1 of 1974, and the state has set a marriage age limit. Problems occur because there are many cases of marriage dispensation with decisions being granted which sometimes contradict the purpose of marriage. This study discusses the marriage dispensation decision at the Purwokerto Religious Court in 2018 with 108 decisions. The results show that there are two main factors that make judges allow children to marry through marriage dispensation. The first factor considered by the panel of judges, namely the existence of such a close relationship between the prospective groom and the prospective bride that causes the parents of each prospective bride and groom to worry that their child will fall into things that will be detrimental. The second reason assessed by the panel of judges was that the bride and groom were pregnant. In order to reduce the practice of marriage dispensation, pre-marital guidance, counseling through recitation is a psychological and mental preparation to achieve the purpose of marriage.]]>
<![CDATA[Meninjau Ulang Iwadl Khuluk Perspektif Keadilan Gender ]]>
<![CDATA[Ahmad Rezy Meidina]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol 16 No 1 (2022) ]]>
Publisher : <![CDATA[Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto ]]>
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DOI: 10.24090/mnh.v16i1.6027
<![CDATA[This article examines iwadl khuluk in the perspective of gender justice. Iwadl in fiqh perspective, property that women return to men in order to get their rights because men have paid dowry as a legal consequence of the marriage contract. Whereas in possitive law, the concept of iwadl changed to taqnin, iwadl khuluk which was originally given to men, became or given to the Court based on the regulation of the Minister of Religious Affairs of the Republic of Indonesia Number 411 of 2000 concerning the Determination of iwadl amounting to Rp. 10,000, -. The court judged that the specific costs contained gender justice or called responsive gender. This article abstracts the concept of justice in the cost that women give to men using five gender manifestations: stereotype, double burden, marginalization, discrimination and violence.]]>
<![CDATA[Penentuan Arah Kiblat dengan Posisi Matahari di Pusat Ibu Kota Kabupaten Lampung ]]>
<![CDATA[A Jamil]]>;
<![CDATA[Sakirman Sakirman]]>;
<![CDATA[Moelki Fahmi Ardliansyah]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol 16 No 1 (2022) ]]>
Publisher : <![CDATA[Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto ]]>
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DOI: 10.24090/mnh.v16i1.6169
<![CDATA[Facing the Qibla is one part of the requirements for prayer that must be sought. But in fact, there are still many mosques and places of worship for Muslims that do not face the Qibla. This paper examines the method of determining the direction of the center of the district capital city in Lampung by utilizing the shadows of the sun reflected by an object. The use of sunlight in determining the Qibla direction with this model is known as raṣd al-qiblah. The center of the capital city of Lampung district which is used as a sample for determining the direction of the Qibla is expected to all districts have the same calculation results can refer to the center of the district capital. So that the schedule for the implementation of raṣd al-qiblah in the district capital center in Lampung can be used by the districts within it. This type of research is a field research using a descriptive- analytical model that describes the determination of the Qibla direction with the position of the sun as the main benchmark. The use of tools in determining the Qibla direction is also used as a verification medium. Raṣd al-qiblah time is the transit time of the sun over the Ka’bah which is generally applicable to the coordinates of the district capitals in all sub-districts provided that the raṣd al-qiblah time interval is not outside the Qiblah azimuth path or not more than the tolerance threshold value. The results of a study of the three district capital centers in Lampung show that the timing of the implementation of raṣd al-qiblah for the districts that cover the three district capital centers has a time difference, although not significant.]]>
<![CDATA[Komparasi Fatwa Ulama Indonesia dalam Menyikapi Pandemi Coronavirus Disease 2019 (COVID-19) ]]>
<![CDATA[Musda Asmara]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol 16 No 1 (2022) ]]>
Publisher : <![CDATA[Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto ]]>
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DOI: 10.24090/mnh.v16i1.6192
<![CDATA[The COVID-19 pandemic has not ended yet; in fact it mutated and gave rise to a new variant which was later known as omicron. COVID-19 has threatened various sectors of life including religious life; religious rituals during the pandemic are limited and must follow health protocols to avoid the spread of the virus. Religious authorities play an important role in responding to this situation, including in issuing fatwas regarding guidelines for the implementation of worship during the COVID-19 period. Therefore, this article discusses the guidelines for the implementation of worship issued by these religious authorities. The focus of this article is to compare the fatwas of religious authorities regarding guidelines for the implementation of worship during the COVID-19 period; the fatwas referred to here are limited to the fatwas of the Indonesian Ulema Council (MUI), the fatwas of the Majlis Tarjih Muhammadiyah, and the fatwas of Lajnah Bahsul Masail Nahdlatul Ulama. This research is a library research with a comparative descriptive approach. The results of the study show that the fatwas related to the guidelines for the implementation of worship during the pandemic issued by the three religious authorities synergize, cooperate with and support each other in dealing with the COVID-19 pandemic. Unlike MUI and Nahdlatul Ulama, Muhammadiyah responded with concrete actions, namely establishing the Muhammadiyah COVID-19 Command Center (MCCC) with the main task of coordinating various programs in the context of dealing with the COVID-19 pandemic.]]>
<![CDATA[Kehalalan Vaksinasi Perspektif Politik Hukum ]]>
<![CDATA[Muhammad Shohibul Itmam]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol 16 No 1 (2022) ]]>
Publisher : <![CDATA[Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto ]]>
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DOI: 10.24090/mnh.v16i1.6301
<![CDATA[The vaccination program to prevent the spread of COVID-19 and has been declared halal clinically and medically, reinforced by the MUI certificate. However, the vaccination program has not been able to calm the public considering the plurality of legal awareness in Indonesia so that it has drawn controversy that cannot be separated from political elements, interests of the government and stakeholders. This paper that halalness of the vaccination from the perspective of legal politics, approach normative, sociological and phenomenological legal. The findings that the legality of the COVID-19 vaccination is politically influenced by global and humanitarian conditions with the consideration that COVID-19 is a global virus that involves all humanitarian interests, not only Indonesian muslims. So that politically, the law of halal vaccination is a strategic political policy that is appropriate for the current government according to the conditions of Indonesia as a pancasila democracy country, not a religious state and not a secular state but state based on pancasila. The halal vaccination by the government, strengthened by the MUI, is an accommodative political with the national interest, national and religious aspects with spirit of democracy and legal plurality in Indonesia.]]>
<![CDATA[Menakar Ulang Diskursus Menstruasi: Kajian atas Aturan Puasa bagi Perempuan Haid dalam Fikih sebagai Upaya Menghapus Stereotype dan Menstrual Taboo ]]>
<![CDATA[Wardah Nuroniyah]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol 16 No 1 (2022) ]]>
Publisher : <![CDATA[Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto ]]>
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DOI: 10.24090/mnh.v16i1.6317
<![CDATA[The issue of menstruation has attracted a lot of attention from fiqh scholars to discuss it, because the scholars have tried to eradicate and abolish the myths surrounding menstruation that have existed for a long time. But if we want to take a closer look at the stipulations, more or less there are still stereotypes in treating menstruating women, although there are still debates in it. The explanation in fiqh still causes ambiguity in the argument why menstruating women are prohibited from fasting, is there still a misogynistic assumption about menstruation in fiqh, so that menstruating women are not allowed to fast? From this point of view, it is necessary to re-examine why menstruating women are prohibited from fasting, because the scholars of fiqh do not provide sufficient studies on various implications arising from the existence of the menstrual cycle, except for a global explanation of all the prohibitions that must be avoided for women menstruating. In the book of fiqh it is explained that fasting is forbidden for menstruating women because fasting is pure worship. This study concludes that by looking at the physical conditions experienced by menstruating women in general, the prohibition of menstruating women from fasting can be understood as people who are sick who get relief to break their fast for the benefit of and maintain their health. So the prohibition of a menstruating woman from fasting is a relief (rukhsah) from God to maintain the stability of her body, and it does not mean a prohibition, considering that the condition of a menstruating woman's body is not the same.]]>
<![CDATA[Implementasi Islam Progresif pada Permendikbud Ristek No. 30 Tahun 2021 dalam Kajian Filsafat Hukum Islam ]]>
<![CDATA[Busyro Busyro]]>;
<![CDATA[Hanif Aidhil Alwana]]>;
<![CDATA[Arsal Arsal]]>;
<![CDATA[Shafra Shafra]]>;
<![CDATA[Gusril Basir]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol 16 No 1 (2022) ]]>
Publisher : <![CDATA[Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto ]]>
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DOI: 10.24090/mnh.v16i1.6321
<![CDATA[Regulation issued by the Ministry of Research, Technology and Higher Education Number 30 of 2021 about prevention and handling of sexual violence in campus has raised pros and cons among Indonesian Muslims because several articles allegedly provide sexual freedom on campus with an editorial “except with the victim consent”. The editorial seems to strongly prioritize one of the principles of Progressive Islam activists; on the other hand, there are philosophical values of the Islamic law that are not realized, especially in protecting dignity and heredity (hifz al-nasb). This study aims to reveal the implementation of progressive Islam in the regulation, and then the realization of progressive Islam will also be seen from the philosophical point of view of Islamic law. This research is qualitative by using data from library research. The results of the study indicate that the Ministerial Regulation has implemented one of the progressive Islamic concepts by prioritizing international human rights as the rationale, and the implementation of progressive Islam that relies on international human rights is not in line with the philosophy of Islamic law which highly upholds the protection of dignity and heredity (hifz al-nasb) from the side of maslahah al-hajiya. Therefore, the editorial must be changed, in order to achieve the benefit of the world and the hereafter for Indonesian Muslims.]]>
<![CDATA[The Dichotomy Between Tabarru’ and Mu’âwaḍah Contracts: Perspective of Indonesian Law of Obligation ]]>
<![CDATA[Jamal Abdul Aziz]]>;
<![CDATA[Uus Uswatusolihah]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol 16 No 1 (2022) ]]>
Publisher : <![CDATA[Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto ]]>
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DOI: 10.24090/mnh.v16i1.6426
<![CDATA[Among many divisions of contract (‘aqd) in mu’âmalah shar’iyyah, the dichotomy between tabarru’ and mu’âwaḍah contracts is the most influential paradigm in getting to know the jungle of classical and contemporary mu’âmalah contracts. Tabarru’ contract (tabarru’ât) means contracts of virtue as if it should be free from material self-interest or any other profane benefit. Meanwhile, mu’âwaḍah contract (mu’âwaḍât) means business contracts as if it is laden with material calculation and other various forms of self-interest. The dichotomic paradigm of these contracts is quite urgent that it is often made the ground to determine whether or not some material benefit obtained from certain contracts is allowed. It is interesting to observe, that the Indonesian law of obligation which is originating from a Dutch colonial legacy actually also acknowledges such a contract. It is, however, not as strict as its divisions in Islamic fiqh.]]>
