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Jurnal Al-Manahij
ISSN : 19786670     EISSN : 25794167     DOI : -
Core Subject : 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).
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Search results for , issue "Vol 13 No 1 (2019)" : 10 Documents clear
KONSEP PERLINDUNGAN KORBAN DALAM SISTEM PERADILAN PIDANA NASIONAL DAN SISTEM HUKUM PIDANA ISLAM Ariyanti, Vivi
Al-Manahij: Jurnal Kajian Hukum Islam Vol 13 No 1 (2019)
Publisher : Fakultas Syariah IAIN Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (534.831 KB) | DOI: 10.24090/mnh.v0i1.2224

Abstract

The current position of victims in the criminal justice system has not been placed fairly, because victims in the judiciary are only represented by public prosecutors who base their charges on statutory rules and facts obtained from witnesses. This paper reviews and compares the Indonesian national criminal justice system and Islamic criminal law system in terms of protecting the rights of victims of criminal acts during and after undergoing the trial process. The study of victims in the Western criminal law system adopted by Indonesia has been so extensive and profound, that it raises its own science called victimology, which is parallel to the science of criminology. Meanwhile Islamic criminal law (al-Fiqh al-Jinayah) still refers to fiqh books written by medieval jurists, so that the study of Islamic criminal law is stagnant and without significant progress. However, both national criminal law and Islamic criminal law, in principle, emphasize that the protection of victims must be balanced between the interests of the victims themselves, the perpetrators of crime, society, the state, and the public interest.
PEMBAJAKAN KARYA DI BIDANG HAK CIPTA: TELAAH INTEGRATIF HUKUM ISLAM DAN UNDANG-UNDANG R.I. NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA Syufaat, Syufaat
Al-Manahij: Jurnal Kajian Hukum Islam Vol 13 No 1 (2019)
Publisher : Fakultas Syariah IAIN Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (733.349 KB) | DOI: 10.24090/mnh.v0i1.2215

Abstract

Copyright is one part of intellectual property that has the widest scope of protected objects. The rapid development of information and communication technology requires rules that support copyright, especially with the rampant piracies. Therefore, copyright must have a legal protection as other rights. This paper is dedicated to outlining the concept of piracy of works in the field of copyright using an integrated review of Islamic law and the Indonesian Law No. 28 of 2014 concerning Copyright. By using a deductive framework and normative approach, this paper formulates one finding that copyright piracy even though there are no clear and standard rules in Islamic law, by using analogy (qiy?s) method, the copyright rule is in accordance with the law against the perpetrator of theft (saraqah). However, because a pirator of copyrights is not the same as a theft, its rule enters ta?z?r domain where all provisions for sanctions are determined by the government. In Indonesia, the actualization of sanctions is regulated in Law No. 28 of 2014, which essentially strives to create justice and guarantee of every individual right that leads to widespread benefit. Islamic law (in this case saraqah rules) becomes the theological basis for Law No. 28 of 2014 in a normativity context, where the integration points of Islamic law and Indonesian law can be established.
FIKIH EKOWISATA BERBASIS MAQāṣID AL-SYARī’AH (STUDI PENGELOLAAN WISATA ALAM HUTAN MANGROVE DI WONOREJO KOTA SURABAYA) Mufid, Moh
Al-Manahij: Jurnal Kajian Hukum Islam Vol 13 No 1 (2019)
Publisher : Fakultas Syariah IAIN Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1025.893 KB) | DOI: 10.24090/mnh.v0i1.2213

Abstract

This article aims to construct ecotourism jurisprudence (fiqh) based on maq??id syar??ah. Management of mangrove ecotourism in Wonorejo Surabaya city uses a conservation and society participation approach to ensure the mangrove forest ecosystem is sustainable. In the perspective of the maq??id syar??ah the management of sustainable ecotourism is in line with the philosophical spirit in the following objectives of Shari?a: (1) ?if? al-m?l in the context of mangrove ecotourism to empower local communities in the economic field, (2) ?if? al-b??ah in the context of mangrove ecotourism requires the protection of ecological aspects, and (3) ?if? al-?aql in the context of ecotourism functions as a learning medium in the world of science development education. Jurisprudence for ecotourism as an idea that relies on a normative and empirical approach to the utilization of mangrove forests as natural tourism is expected to be able to provide insight to visitors to be eco-friendly. The construction of ecotourism jurisprudence can be formulated by considering the following aspects: the first, the orientation of ecotourism must be built with the aim of preserving the mangrove ecosystem; the second, management of mangrove ecotourism based on an analysis of the benefits of ecological, economic and educational aspects; the third, the development of mangrove ecotourism does not conflict with shari?a principles; the fourth, management of mangrove ecotourism based on the permission of stakeholders; the fifth, community involvement in the preservation of mangrove forest tourism is a collective obligation (far?u kif?yah).
TRANSFORMASI HUKUM PIDANA ISLAM DALAM TATA HUKUM INDONESIA Munajat, Makhrus
Al-Manahij: Jurnal Kajian Hukum Islam Vol 13 No 1 (2019)
Publisher : Fakultas Syariah IAIN Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (671.502 KB) | DOI: 10.24090/mnh.v0i1.2124

Abstract

The formalization of Islamic criminal law in Indonesia is still and always debated in terms of its legal rules or the establishment of Islamic values, meaning that the substance is more important than the formal rules. Transformation of Islamic criminal law is a change that occurs in the determination of law, both concerning the type of crime (jar?mah) or its sanctions due to time and social dynamics. The criminal act (jar?mah) and its sanctions are interconnection between the principal law (al-a?k?m al-a?liyyah) which contains the prohibition and supporting law (al-a?k?m al-muayyidah) which contains sanctions. The model of the transformation of Islamic criminal law in Indonesia is to make Islamic criminal law a law that can be accepted by Indonesian people, by not distinguishing ethnicity, adat (tradition), culture and religion. The objectivity of Islamic criminal law in Indonesia is used as the basis for the formation of national laws whose pluralistic communities are offered universal values so that they can be accepted by all citizens without questioning the origin of the values.
MENGGAGAS FIKIH MEDIA SOSIAL Khariri, Khariri
Al-Manahij: Jurnal Kajian Hukum Islam Vol 13 No 1 (2019)
Publisher : Fakultas Syariah IAIN Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (663.085 KB) | DOI: 10.24090/mnh.v0i1.2123

Abstract

The development in the field of information technology in the era of industrial revolution 4.0 was so rapid. However, there are many negative findings from the use of social media, such as hoaxes, utterances of hatred, slander, etc. This requires a more contextual study of Islamic law (fiqh) and is able to answer what is the demand of the times, especially the phenomenon of social media. In carrying out the formulation of Islamic law, there are two methods of reasoning used, namely normative-deductive and empirical-inductive, so that the resulting laws can be in accordance with the demands of the community. Therefore, the idea of social media fiqh is to make an effort to find the maq??id al-syar??ah (legal purpose) in the use of social media. By using the theory of sadd al-?ar??ah analysis, this study sought formulation of Islamic law in order to be a solution in the times. This theory is used to explore various problems that have occurred in the development of communication on social media. In addition, this study attempts to trace the exclusion (istinb??) of the law in formulating the fiqh of social media with the U??l al-Fiqh approach and the social history of Islamic law. The work of this research is inseparable from the two legal provisions that have been formulated before, namely the MUI fatwa on Social Media and the Law of Information and Electronic Transaction.
NILAI KEADILAN DALAM SISTEM KEWARISAN ISLAM Rifenta, Fadlih; Prayogo, Tonny Ilham
Al-Manahij: Jurnal Kajian Hukum Islam Vol 13 No 1 (2019)
Publisher : Fakultas Syariah IAIN Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (734.133 KB) | DOI: 10.24090/mnh.v0i1.2117

Abstract

In the context of inheritance, reform efforts by contemporary Muslim thinkers have so far not been able to significantly change the shadow of classical inheritance law in Islam. This condition is caused by the effect of the mindset of the society in their epistemology, which assumes that the distribution of inheritance must be equal. Of course, we cannot blame the public for their knowledge of Islamic inheritance law. The question that arises is why they are in a hurry to accept the equal distribution of inheritance without conducting a study based on Islamic law on inheritance. Thus, the biggest challenge for Islamic scholars and inheritance law experts today is how to find a comprehensive formulation of various theories of knowledge that can be accepted by everyone, so that Islamic inheritance law is not only a discourse, but is able to totally reflect a concrete concept. This paper seeks to reorient and rethink the inheritance law in the development of Islamic legal epistemology which is examined in conjunction with the Shari?a provisions, which contain the values of justice in terms of theology, economics, and social.
PELATIHAN MANASIK SEBAGAI SYARAT HAJI PERSPEKTIF ULAMA ACEH Nasrullah, Nasrullah; Abdullah, Abdullah; Chalidin, Chalidin
Al-Manahij: Jurnal Kajian Hukum Islam Vol 13 No 1 (2019)
Publisher : Fakultas Syariah IAIN Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (605.271 KB) | DOI: 10.24090/mnh.v13i1.2115

Abstract

The word manasik in several Qur?anic verses and hadith shows the importance of the perfection of the Hajj. Classical Muslim scholars do not discuss specifically about manasik, but nowadays the manasik (hajj rituals) training for prospective pilgrims has been coordinated by government. This requires new ijtihad for the legality of Hajj ritual training, especially among Acehnese scholars. This research examines how the position of manasik is within the scope of the Hajj rules; how the Aceh Ulamas view and consider the manasik training as a requirement of Hajj. This study uses a qualitative method. The results of the study indicate that the position of manasik training within the scope of the Hajj rule is as an observance and knowledge of the procedures for performing the Hajj. Learning Hajj rituals includes an observance and it is obligatory for people who do not understand it such as conditions, requirements and things that are not permitted during Hajj. Acehnese Ulama are of the view that the Hajj manasik training cannot be used as a requirement of Hajj, but there are also those who argue that in the present conditions the manasik training can be used as a requirement of the Hajj and it can even become mandatory. The existence of differences of opinion in carrying out ijtihad is caused by legal basis considerations and the logic used.
POLITIK HUKUM POLIGAMI (STUDI TERHADAP PERATURAN PERUNDANG-UNDANGAN DI NEGARA-NEGARA MUSLIM) Marzuki, Ismail
Al-Manahij: Jurnal Kajian Hukum Islam Vol 13 No 1 (2019)
Publisher : Fakultas Syariah IAIN Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (455.379 KB) | DOI: 10.24090/mnh.v13i1.1799

Abstract

This article discusses Islamic family law politics about regulating polygamy in Muslim countries. The policy of Islamic law in Muslim countries in the modern era can be categorized into two, namely uncodified law, and codified law. The Muslim countries discussed in this article are Muslim countries whose legal politics fall into the codified law category, namely: Turkey, Tunisia, Iran, Indonesia, Egypt, Morocco, and Afghanistan. Although according to fiqh polygamy is something permissible, in practice each Islamic country has a different legal policy related to polygamy, namely: (1) some countries allow polygamy, (2) some allow polygamy with strict conditions, and (3) some prohibit polygamy. In addition, this article also discusses the "progress" of legal policies regarding polygamy from the jurisprudence school of law that are commonly adhered to in each of these Islamic countries. This article shows that legal policies regarding polygamy in Islamic countries included in the codified law category have a variety of styles, some are liberal, conservative, and some are moderate.
MENIKAH UNTUK DICERAIKAN: MENYOROT HAK-HAK PEREMPUAN PADA ISBAT NIKAH UNTUK CERAI DI PENGADILAN AGAMA MEDAN TAHUN 2015-2017 Yazid, Imam
Al-Manahij: Jurnal Kajian Hukum Islam Vol 13 No 1 (2019)
Publisher : Fakultas Syariah IAIN Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (597.68 KB) | DOI: 10.24090/mnh.v0i1.1900

Abstract

The validity of marriage in Indonesia is regulated through Islamic law and regulations in Indonesia. In fact, many marriages occur that do not meet the regulations in Indonesia, resulting in legal uncertainty of the people involved in the marriage. This research is empirical legal research. The purpose of this study is to find out how the policies of the Religious Courts in Medan settles cases of i?bat nikah (seeking a formal, legalized marriage certificate) that aims to divorce in 2015-2017, how are legal considerations in giving a decision to isbat nikah that aims to divorce, and how is legal certainty after divorce through isbat nikah. This research found that: firstly, isbat nikah is a solution to the problem of a married couple who are not recorded by an official appointed by the state and then the marriage certificate is to establish a divorce permit; secondly, religious court judges in Medan have a legal basis in giving a decision of isbat nikah cases to divorce, so the decision can be normatively accounted for; thirdly, the court?s decision gives rise to the benefits desired by the Shari'a, namely legal certainty after the isbat nikah, namely, among others, the provision of appropriate mut?ah (severance pay) to ex-wives, provision of living expenses for children who are not yet 21 years old, and formal registration of children from marriages that are not recorded by officers appointed by the state when the previous marriage occurred.
POLITIK HUKUM PIDANA INDONESIA: ANALISIS KORELASI SIYASAH SYAR’IYAH DAN PENCEGAHAN KORUPSI Rosman, Edi; Alfin, Aidil; Bustamar, Bustamar
Al-Manahij: Jurnal Kajian Hukum Islam Vol 13 No 1 (2019)
Publisher : Fakultas Syariah IAIN Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (742.371 KB) | DOI: 10.24090/mnh.v0i1.1797

Abstract

Corruption as an extraordinary crime is treated extraordinarily in Indonesia. The state?s treatment of corruption is part of the legal policies of the country. Indonesia is an anti-corruption country, but the corruption index is relatively high. The presence of the Corruption Eradication Commission (KPK) seems more repressive as a representation of the current Indonesian criminal law politics. Indonesia is an anti-corruption country, but the corruption index is relatively high. The presence of the Corruption Eradication Commission (KPK) seems more repressive in handling corruption cases as a representation of the current Indonesian criminal law politics. But prevention efforts have received little attention. Why have Indonesian criminal law policies not been oriented to the prevention of corruption? Ideally, efforts to prevent corruption in Indonesia use criminal law policies that are based on religious and moral values. Correlatively according to Islamic law, siy?sah syar?iyyah (Islamic legal policy) will have a positive effect on corruption prevention. Institutionalizing siy?sah syar?iyyah for prevention of corruption in Indonesia is relevant to the sociological conditions of religious communities. Is it preventing better than giving punishment? Emergency in dealing with corruption is the same as an emergency in dealing with morality. siy?sah syar?iyyah is used as a way of dealing with moral emergencies. Indonesian criminal law policy that is based on siy?sah syar?iyyah is the main solution in efforts to prevent corruption.

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