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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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Articles 11 Documents
Search results for , issue "Vol 13 No 2 (2019)" : 11 Documents clear
ARGUMENTASI FIKIH KLASIK BAGI PEREMPUAN HAID DALAM BERAKTIVITAS DI MASJID, MEMBACA DAN MENYENTUH AL-QUR’AN Kudhori, Muhammad
Al-Manahij: Jurnal Kajian Hukum Islam Vol 13 No 2 (2019)
Publisher : Fakultas Syariah IAIN Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (887.024 KB) | DOI: 10.24090/mnh.v13i2.2256

Abstract

When Muslim women had their menstrual cycle or period, they often deal with problems, especially those which related to mosque activities. Because in the mainstream Jurisprudence studied in Islamic boarding schools which is influenced by the Shafi'i madhhab, menstruating women are prohibited from doing activities in the mosque, including holding and reading the Qur?an. This argument will limit their activities in the mosque. Therefore, there have to be some solution to solve this problem. In the classic fiqh discourse, some of ulamas said that they are allowed to do some activities in the mosque, touching/holding and reading the Qur?an. Unfortunately, it is not common for boarding school to use this rule and considered as a weak argumentation, and become rarely applied. Moreover, this argumentation is out of four madhhab. If we research it deeper, this argumentation comes from the credible classic ulamas, which have a strong legal foundation and giving more positive effect for menstruating women. This argumentation can be used as a solution; therefore women can normally do their activities without feeling guilty of breaking the rules, i.e. Islamic rules. In the fiqh and U??l al-Fiqh, even the weakest and uncommon opinion can be applied in the certain times and places based on several reasons. 
ANALISIS PROGRAM KAMPUNG KELUARGA BERENCANA PERSPEKTIF MAQĀṣID AL-SYARĪ’AH (STUDI DI KAMPUNG LOGAM NGINGAS WARU SIDOARJO JAWA TIMUR) Musyafaah, Nur Lailatul
Al-Manahij: Jurnal Kajian Hukum Islam Vol 13 No 2 (2019)
Publisher : Fakultas Syariah IAIN Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (756.424 KB) | DOI: 10.24090/mnh.v13i2.3132

Abstract

This article analyzes the programs of family planning village in the Ngingas Waru Village, known as the Kampung Logam (Blacksmith Village), Sidoarjo, East Java in the perspective of maq??id al-Syar?'ah (the theory of sharia objectives). In Islamic law, the family planning program is disputed, including the use of contraceptions. The author examines the implementation of the village planning program consisting of Tribina (BKB, BKR, BKL), UPPKS, and PIK-RM, in which they are then analyzed with the concept of maq??id al-syar?'ah. The results of the study concludes that the purpose of the formation of the family planning village programs in Ngingas is to improve a prosperous community, both in the fields of religion, health, education, descent, and economy. This concept is in accordance with the objectives of ?if al-mujtama? or ?if? al-ummah in order to protect the rights of citizens related to maintaining the religion, the lives, the consciousness, the lineage, and the wealth.
PEMBAGIAN HARTA WARIS DALAM TRADISI MASYARAKAT MUSLIM DI GORONTALO Pongoliu, Hamid
Al-Manahij: Jurnal Kajian Hukum Islam Vol 13 No 2 (2019)
Publisher : Fakultas Syariah IAIN Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (679.446 KB) | DOI: 10.24090/mnh.v13i2.3166

Abstract

Gorontalo has a customary principle derived from sharia law, and the sharia law is sourced from the Qur'an, hadith, ijmak and qiyas (adati-hula'a to syara'a, syara'a hula'a to Kitabi), which should reflect the existence of the implementation of the distribution of inheritance in Islam in the Gorontalo community. This customary principle can be a source of law if it is a rational act, not immorality, done always repeatedly, does not bring harm and does not conflict with the law of sharak. But in reality there is the implementation of inheritance that violates Islamic law, namely the distribution by way of deliberation, the determination of the amount of heirs equally, the delay in the distribution of inheritance, wills with houses given to girls, wills not to distribute inheritance, distribution of assets it depends on the will of the heir and the delay in the distribution of inheritance on the grounds that one of the parents is still alive. The distribution by deliberation and determination of the amount of the portion for each heir are equally acceptable as long as they follow the guidelines of the Compilation of Islamic Law article 183 and the concept of takharruj which was previously preceded by the Shari'a division. After the heirs know the size of the portion, then they may agree to share it in their own way or leave the inheritance according to Shari'a and agree to give to each other with other heirs.
SANKSI PIDANA PADA HUKUM KELUARGA DI INDONESIA Rajafi, Ahmad
Al-Manahij: Jurnal Kajian Hukum Islam Vol 13 No 2 (2019)
Publisher : Fakultas Syariah IAIN Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (359.259 KB) | DOI: 10.24090/mnh.v13i2.3029

Abstract

The purpose of a marriage is to form a happy, prosperous and loving family, or in terms of Law No. 1 of 1974 concerning Marriage, is a happy family. The purpose of the marriage will be able to be realized when the people involved in marital practices follow the rules of applicable law and not with an intention to trick or break the law. Because there are persons who commit irregularities in marriage law, progressive and responsive legal breakthroughs are also needed, using local wisdom values that live in the community, namely in the form of criminal sanctions for violators. Criminal sanctions that can be born in family law can be analogous to the penalties that have lived in local communities such as fines, prison rooms and prison villages, and sentences of eviction from their homes to distant places. For this reason, presenting criminal sanctions in Indonesian marriage law is an inevitability.
STUDI KOMPARASI PENGELOLAAN DANA WAKAF DI KSPPS BMT DAERAH ISTIMEWA YOGYAKARTA Achiria, Siti; Priyadi, Unggul
Al-Manahij: Jurnal Kajian Hukum Islam Vol 13 No 2 (2019)
Publisher : Fakultas Syariah IAIN Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (638.087 KB) | DOI: 10.24090/mnh.v13i2.2973

Abstract

In a provision of Law No. 41 of 2004 concerning Waqf, it is mentioned that the management of waqf is performed by nadzir, whether individual, organization, or legal entity. One of Islamic financial institutions that can manage waqf is KSPPS BMT with its role in social function (al-m?l). Although some KSPPS BMTs have managed waqf fund, in reality, not all of them are registered in Indonesian Waqf Agency (BWI). In fact, license as nadzir is mandatory for whoever managing waqf. This study aimed to: 1) Revealing the differences and similarities of KSPPS BMT registered and not registered in BWI Center; 2) Describing the implications of the differences. This study was conducted using a qualitative method that involved KSPPS BMT waqf fund managers in Special Region of Yogyakarta and concludes that the differences are found in terms of legality, reports of waqf fund management and supervision by the BWI which is the fundamental for all waqf manager institutions. In addition, the similarities could be found in the collection, empowerment, and distribution of waqf fund. The differences between KSPPS BMTs registered and not registered in BWI have implications on some parties, including BWI, KSPPS BMT, and w?qif (person performing waqf).
PEMBARUAN HUKUM ISLAM TENTANG EMPAT SAKSI LAKI-LAKI NON-MUSLIM DALAM KASUS LI'AN Mansyur, Zaenudin
Al-Manahij: Jurnal Kajian Hukum Islam Vol 13 No 2 (2019)
Publisher : Fakultas Syariah IAIN Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (670.769 KB) | DOI: 10.24090/mnh.v13i2.2953

Abstract

Changes in the field of law are important matters that cannot be prevented by anyone, including Islamic law related to civil and criminal law. Specifically, in the discussion of Islamic criminal law regarding allegations of adultery (li'an), the accuser who is obliged to bring four male Muslim witnesses can turn into four non-Muslim male witnesses, because it is based on strong arguments so that non-Muslims who were initially illegitimate as witnesses become allowed. The change in law became apparent when an argument that said anyone could be a witness provided that the terms and conditions were sufficient as a witness. The legality of the four non-Muslim male witnesses is very strong when there is an argument based on the word of God regarding four witnesses who are not clearly stated whether they are Muslims or non-Muslims. Likewise, the reason that today's society is a modern and pluralistic society can provide a view of freedom for non-Muslim communities to stand witnesses to defendants in li'an cases or accusations of adultery.
POSITIVISASI HUKUM KELUARGA ISLAM SEBAGAI LANGKAH PEMBAHARUAN HUKUM ISLAM DI INDONESIA: KAJIAN SEJARAH POLITIK HUKUM ISLAM Ma'rifah, Nurul
Al-Manahij: Jurnal Kajian Hukum Islam Vol 13 No 2 (2019)
Publisher : Fakultas Syariah IAIN Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1026.409 KB) | DOI: 10.24090/mnh.v13i2.2692

Abstract

This paper discusses the making Islamic family law a formal law in the perspective of the political history of Islamic law in Indonesia, which cannot be separated from the role of the regime since the beginning of the Old Order era. In this era, the regime showed its alignment with the renewal of Islamic law. However, when the regime was not as firm and tended to be democratic, as it was during the Reformation era, Islamic family law reform tended to be stagnant. On the other hand, the history of Islamic family law renewal also experienced ups and downs because it is affected by political configurations, in which Indonesian Muslims attitudes could be classified into progressive and Islamist groups. Progressive groups try to fight for the renewal of Islamic family law contextually; whereas Islamist groups are more textual in responding to Islamic family law reform.   
KEBIJAKAN PENANGANAN PENGUNGSI DI INDONESIA PERSPEKTIF MAQāṣID AL-SYARī’AH Yulianto, Rohmad Adi
Al-Manahij: Jurnal Kajian Hukum Islam Vol 13 No 2 (2019)
Publisher : Fakultas Syariah IAIN Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (805.543 KB) | DOI: 10.24090/mnh.v13i2.2460

Abstract

The problematic of humanism in many countries resulted in a phenomenon of transnational refugee migration. Indonesia is one of a country which has received a massif influx of refugee waves aimed to obtain asylum. This study discussed the policy of handling refugees in Indonesia from the maqasid sharia as perspective. Maqasid sharia, as one of the Islamic law methodological approaches, helped of understanding social phenomena which positioned the interest (maslaha) as the core treatise. This study aimed to explain that the interaction between maqasid sharia as perspective and the development of national regulation, included the regulation in handling refugees, resulted in three models of policy (instructive, integrative, and adaptive). The instructive policy implemented through taqnin model, which is issued by the state authority as a positive norm. An integrative policy implemented through the eclectic model adopted the finest part from both national law and Islamic law. The adaptive policy implemented when important elements of Islamic law affirmed national policy which contained fundamental principles of universal humanism as part of sharia.
AL-QARDAWI’S THOUGHT ON ZAKAT OF STOCKS IN A MODERN INDUSTRY: AN EXPERIENCE OF INDONESIA Dakhoir, Ahmad
Al-Manahij: Jurnal Kajian Hukum Islam Vol 13 No 2 (2019)
Publisher : Fakultas Syariah IAIN Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (382.069 KB) | DOI: 10.24090/mnh.v13i2.2023

Abstract

This paper studies on al-Qaradawi?s stock zakat in the millennial era and modern industry. The main purpose of the study is to elaborate several points of significance of stock zakat within huge benefits of the capital market in Indonesia; therefore, this paper is a content analysis type of study using a literature study approach. In the meantime, the primary resource for the literature is a kitab (book) entitled fiqh al-zakat by Yusuf al-Qaradawi published in 1973. The crucial point emphasized by the paper is that al-Qaradawi?s thoughts and opinions on stock zakat have been proven that he was such a progressive ulama (Islamic scholar), even he is in the current industrial revolution era. He has shown that such critical and innovative thoughts, either in zakat or other aspects. Al-Qaradawi points out that stock is categorized into traded goods so that it is an object of zakat; 2.5% of total stock should be taken out to those deserving. Indonesia as a country with the biggest Muslim majority in the world has been implementing stock zakat when one of the companies namely PT Henan Putihrai Sekuritas issued this kind of zakat. This made Indonesia the first country to proceed with stock zakat as the application of al-Qaradawi?s thoughts and opinions after 45 years.
TRADISI PENYELESAIAN SENGKETA KEWARISAN MASYARAKAT KALIMANTAN TENGAH (STUDI PADA KABUPATEN KATINGAN DAN KOTA PALANGKA RAYA) Pelu, Ibnu Elmi Achmat Slamat; Syaikhu, Ahmad; Tarantang, Jefry
Al-Manahij: Jurnal Kajian Hukum Islam Vol 13 No 2 (2019)
Publisher : Fakultas Syariah IAIN Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (301.519 KB) | DOI: 10.24090/mnh.v13i2.2027

Abstract

The people of Central Kalimantan, especially in the District of Katingan and the City of Palangka Raya in resolving inheritance disputes prioritize deliberations by peaceful means and do not conflict with Islamic law. Because, Islamic law also accommodates customary laws, as long as it does not conflict with Islamic tenets. The tradition of resolving the inheritance disputes of the people of Central Kalimantan in the Katingan Regency and Palangka Raya City is in accordance with the custom in resolving inheritance disputes prioritizing peace by using Islamic law first and then holding a meeting to agree on the determination of shares and distribution of assets. The legal enforcement of the settlement of inheritance disputes in the community is recognized absolutely and they also apply far??id (Islamic inheritance) law first, then deliberations are carried out in a family consensus with the principle of peace.

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