Al-Manahij: Jurnal Kajian Hukum Islam 2024-03-19T18:53:30+07:00 Muhammad Fuad Zain [email protected] Open Journal Systems <p><em>Al-Manahij: Jurnal Kajian Hukum Islam</em> (Journal of Islamic law Studies) is published every June and December by the Faculty of Syariah, State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto, Indonesia, in cooperation with APIS (Asosiasi Peminat Ilmu Syariah, <em>Association of Sharia Law Observers</em>).<br />The subject of <em>Al-Manahij</em> covers textual and fieldwork studies of Islamic laws with various perspectives.</p> <p><em>Al-Manahij</em> journal welcomes contributions from scholars and professionals worldwide. The journal publishes historical and contemporary research and fieldwork on Islamic law studies. All contributions are double-blind peer-reviewed.<br /><em>Al-Manahij</em> has been nationally accredited by the Indonesian Ministry of Education and Culture / Directorate General of Research and Technology with <a href="" target="_blank" rel="noopener">Sinta Grade 2 (S2)</a></p> <p>e-ISSN: <a href=";1491450273&amp;1&amp;&amp;" target="_blank" rel="noopener">2579-4167</a> | p-ISSN: <a href=";1180424933&amp;1&amp;&amp;" target="_blank" rel="noopener">1978-6670</a></p> <p> </p> Evaluation of the Maqāṣid al-Sharī’ah Liberalization: An Examination of the Notion of ‘Prioritizing Public Interest over Textual Evidence’ 2023-12-04T16:24:52+07:00 Agus Sunaryo [email protected] Ahmad Hadidul Fahmi [email protected] <p>The effort to reconstruct Islamic law from liberal Muslim groups has a positive influence and acceptance for some people. However, the majority of Muslims have not been able to accept and prefer to follow the mindset and methodology of previous scholars. The concept of <em>maqāṣid al-sharī’ah</em> of liberal Muslim thinkers is methodologically considered not to have a strong basis because it dares to ignore the legal provisions in the specific daily, which are considered not in line with the purpose of the law and the benefit. <em>Maqasid al-shari'ah</em> should be built on efforts to integrate the texts of particular propositions into the texts of universal propositions (<em>kully</em>) so that the purpose of legal legislation can be understood. This article critically examines the concept of <em>maqāṣid al-sharī’ah</em> developed by liberal Muslim thinkers, especially in Indonesia. This study explicitly emphasizes the importance of Islamic law in realizing the benefits and being a solution to various problems of contemporary life. The benefit to be achieved is the ultimate and universal benefit, namely the benefit obtained through legal formulation efforts by making specific texts as a foothold to understand the purpose of the law. It is not an assumptive benefit (<em>mawhūmah</em>) obtained through legal reconstruction efforts based on the purpose of the law and the benefit but ignores the texts of particular arguments.</p> 2024-03-13T00:00:00+07:00 Copyright (c) 2024 Agus Sunaryo, Ahmad Hadidul Fahmi Utilizing Science and Maqāṣid al-Sharī’ah in Resolving Contemporary Issues of Islamic Family Law 2024-01-25T16:26:45+07:00 Aslati [email protected] Armi Agustar [email protected] Silawati [email protected] Arisman [email protected] Siti Arafah [email protected] <p>Contemporary ijtihad is required in the formulation of new formulas, such as legal protection of the rights of children outside marriage whose biological father is known. Reformulation of Jurisprudence as an analysis of Islamic law must be able to answer socio-cultural problems in the modern era, such as proof of the use of DNA as genealogy. An adaptive formulation of Jurisprudence on contemporary cases by combining science and Maqaṣid al-Shari'ah is analyzed in this article. The resolution of Islamic law by referring to the opinions of the Four Madhhabs of Jurisprudence needs to be approached or juxtaposed with science. A correct understanding of the values contained in the sharia and the application of Maqaṣid al-Shari'ah are indispensable in contemporary ijtihad so that the face of Jurisprudence can dialect with the times. So that the determination of lineage by DNA can be used as a legal reference that is adaptive to science and in accordance with the great objectives of Maqaṣid al-Shari'ah.</p> 2024-03-16T00:00:00+07:00 Copyright (c) 2024 Aslati, Armi Agustar, Silawati, Arisman, Siti Arafah Examining Muslims’ Aspirations in Drafting the New Criminal Code: Analyzing Criminal Law Policy in Indonesia from a Maslaha Perspective 2023-10-27T20:21:54+07:00 Vivi Ariyanti [email protected] Supani [email protected] <p>Indonesia is a Muslim-majority country that has enacted Law Number 1 of 2023 concerning the Criminal Code as a common ideal between the state and its citizens in creating harmony in life. In a democratic country, the law-making process must open to public participation as a form of manifestation of the determination of the society’s living values, and as providing legitimacy for the formation of a law. This study focuses on discussing how much the aspirations of Muslims are adopted by the state in drafting the new Criminal Code, especially on issues related to Islamic morality, such as pornography, displaying contraceptives, adultery, cohabitation, abortion, and blasphemy. This study uses qualitative research methods with <em>maslaha</em> theory approach. The data sources are in the form of laws and regulations, minutes of DPR sessions, and the aspirations of the Islamic community. This study concludes that the new Criminal Code shows an increase in meaningful participation, which includes three prerequisites: the public has the right to be heard, the right to have their opinions considered, and the right to receive an explanation. The drafting of the new Criminal Code is at the “partnership” level and is in the “degrees of citizen power” category in the ladder of citizen participation scheme. At this level, the public has direct access to interact with policy makers regarding the new Criminal Code.</p> 2024-03-16T00:00:00+07:00 Copyright (c) 2024 Vivi Ariyanti, Supani The Prohibition of Social E-Commerce on TikTok Shop: A Fiqh Examination Based on Sharia Compliance and Economic Justice 2023-12-12T22:24:19+07:00 Nanang Naisabur [email protected] Haris Maiza Putra [email protected] Hisam Ahyani [email protected] Dwi Novita [email protected] Pat Kurniati [email protected] <p>The prohobition of TikTok Shop in Indonesia has sparked debate over licensing and Shariah compliance. This article emphasizes the importance of using Shariah principles in social e-commerce at TikTok Shop. This research aims to analyze the rationale behind this from the perspective of <em>fiqh</em> and economic justice. This research uses a juridical-normative approach by analyzing relevant regulations using a descriptive-analytical method. Data was collected through a literature review, highlighting the importance of considering <em>maslaha</em> to maintain market stability and economic justice. The banning on TikTok Shop to ensure Shariah compliance to achieve economic justice. Government regulations or policies are beneficial, extending beyond mere prohibitions and restrictions. As commerce evolves with the expansion of digital platforms, it becomes imperative to establish clear regulations to accommodate this ongoing development.</p> 2024-03-25T00:00:00+07:00 Copyright (c) 2024 Nanang Naisabur, Haris Maiza Putra, Hisam Ahyani, Dwi Novita, Pat Kurniati Analyzing the Offense of Juvinile Khalwat in Aceh: Evaluation of Qanun Number 14 of 2003 from an Islamic Legal Perspective 2024-03-19T18:53:30+07:00 Zul Anwar Ajim Harahap [email protected] Zulfan [email protected] Muhammad Ridwan [email protected] <p>Aceh presents an intriguing area of study for numerous researchers in legal domains, owing to its distinct legal system in contrast to other regions in Indonesia. This legal jurisdictional authority underscores the intricacies involved in delineating the jurisdictional boundaries within the overarching framework provided by the national regulations. This is evident in cases of <em>khalwat</em>, an offense where a man and a woman date in seclusion. This study delves into an examination of the offense of juvenile <em>khalwat</em> in Aceh, as stipulated in <em>Qanun</em> Number 14 of 2003, employing Islamic legal theory within a sociological context. The findings of this study suggest that the juvenile occurrence of <em>khalwat</em> in Aceh stems from a combination of factors. These include the enduring influence of religious teachings, the prevalence of casual relationships among adolescents coupled with insufficient parental supervision, and the impact of modern social structures on youthful behavior. As a result, they engage in the offense of <em>khalwat</em> in public spaces, disregarding societal moral norms and public decorum. This <em>Qanun</em> fails to explicitly delineate the parameters for imposing penalties such as <em>‘uqubat</em> (corporal punishment), flogging, and fines. Consequently, it leads to legal disparities in enforcement by the <em>Wilayatul Hisbah</em>, particularly when the offender is a minor or immature individual.</p> 2024-05-03T00:00:00+07:00 Copyright (c) 2024 Zul Anwar Ajim Harahap, Zulfan, Muhammad Ridwan Strengthening Maqāṣid al-Sharī’ah Values in Halal Traceability: Evidence and Analysis of Block Chain Based on Halal Supply Chain Applications 2023-11-27T15:58:57+07:00 Muh. Nashirudin [email protected] Ramadhan [email protected] Almira Keumala Ulfah [email protected] <p>Halal traceability is one of the government's focus in developing the halal industry. By adopting a blockchain system, halal traceability is undoubtedly transparent. However, this transparency also needs to be analyzed using <em>maqāṣid al-sharī'ah</em>. This analysis is used to analyze the extent of the application of <em>maqāṣid al-sharī'ah</em> values in halal traceability. The results of the study state that the application of halal traceability has fulfilled the elements of <em>maqāṣid al-sharī'ah</em>, such as transparency, accountability, responsibility, and justice. Therefore, the blockchain-based halal traceability application model is appropriate and relevant to Islamic values.</p> 2024-05-14T00:00:00+07:00 Copyright (c) 2024 Muh. Nashirudin, Ramadhan, Almira Keumala Ulfah