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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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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.
Telaah Integratif Filsafat Hukum Publik dan Teori Maslahah terhadap Kebijakan Amnesti Pajak di Indonesia Khasanah, Karimatul
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.v15i1.4041

Abstract

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 maṣlaḥah (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’tibār syar’iy) in the perspective of maṣlaḥah (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.
Putusan Serta Merta dalam Perkara Hadhanah di Pengadilan Agama dalam Rangka Perlindungan Anak Asni, Asni
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.v15i1.4115

Abstract

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.
Konstruksi Epistemologi Fikih Pandemik: Analisis Fatwa-Fatwa MUI Supena, Ilyas
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.v15i1.4203

Abstract

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 (maqāshid al-syarī’ah).
Peran Kaidah Fikih dalam Aktualisasi Hukum Islam: Studi Fatwa Yusuf Al-Qaradawi tentang Fiqh Al-Aqalliyat Mun'im, Zainul
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.v15i1.4546

Abstract

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 Yūsuf al-Qaraḍāwī. His fatwas, which contain actualizations of Islamic law, are fatwas on Muslim minority issues (fiqh al-aqalliyāt). This study highlights the role of Islamic legal maxims (al-qawāid al-fiqhiyyah) in al-Qaraḍāwī's fatwa on fiqh al-aqalliyāt. 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-Qaraḍāwī’s ijtihad. In establishing his fatwa, al-Qaraḍāwī 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-qawāid al-fiqhiyyah) play a role in controlling and systematizing the laws around fiqh al-‘aqalliyāt so that it always leads to convenience and avoids difficulties.

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