Al-Manahij: Jurnal Kajian Hukum Islam

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

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 maqāṣid al-sharī’ah 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. Maqasid al-shari'ah should be built on efforts to integrate the texts of particular propositions into the texts of universal propositions (kully) so that the purpose of legal legislation can be understood. This article critically examines the concept of maqāṣid al-sharī’ah 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 (mawhūmah) obtained through legal reconstruction efforts based on the purpose of the law and the benefit but ignores the texts of particular arguments.

Utilizing Science and Maqāṣid al-Sharī’ah in Resolving Contemporary Issues of Islamic Family Law

2024-01-25T16:26:45+07:00

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.

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

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 maslaha 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.

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

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 fiqh 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 maslaha 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.

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

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 khalwat, an offense where a man and a woman date in seclusion. This study delves into an examination of the offense of juvenile khalwat in Aceh, as stipulated in Qanun Number 14 of 2003, employing Islamic legal theory within a sociological context. The findings of this study suggest that the juvenile occurrence of khalwat 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 khalwat in public spaces, disregarding societal moral norms and public decorum. This Qanun fails to explicitly delineate the parameters for imposing penalties such as ‘uqubat (corporal punishment), flogging, and fines. Consequently, it leads to legal disparities in enforcement by the Wilayatul Hisbah, particularly when the offender is a minor or immature individual.

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

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 maqāṣid al-sharī'ah. This analysis is used to analyze the extent of the application of maqāṣid al-sharī'ah values in halal traceability. The results of the study state that the application of halal traceability has fulfilled the elements of maqāṣid al-sharī'ah, such as transparency, accountability, responsibility, and justice. Therefore, the blockchain-based halal traceability application model is appropriate and relevant to Islamic values.

To What Extent Collateral in PLS Financing Brings Maṣlaḥah? An Analytical Comparison from Islamic Law Outlook with Maqāṣid al-Sharī’ah Index

2024-01-21T08:49:20+07:00

This study aims to compare the level of maṣlaḥah regarding the existence of collateral in Profit and Loss Sharing (PLS) financing from Islamic banking customers and employees standpoints. This is crucial as PLS financing becomes the main characteristic product of Islamic banks, but it emerges as an unfavorable product due to the high financial risk. The existence of collateral plays a pivotal role in this situation to realize maṣlaḥah. This is an explanatory study with a quantitative approach and survey method, considering 400 respondents, particularly 200 Islamic banking customers and 200 Islamic banking employees, who were conveniently obtained at certain time intervals for a one-shot. An Independent sample t-test is used to calculate the comparison level of maṣlaḥah among these two groups. At the same time, Rasch Model analysis is also used to measure the data based on the demographic characteristics of respondents. The result discovers that although there is a slightly different level of maṣlaḥah between Islamic banking customers and employees in PLS finance practice regarding collateral, it still significantly brings benefit, as it aligns with the concept of ta’widh to prevent financial risk. This finding contributes to Islamic banks as a guideline to understand how to operate and enhance the market share of this financing product based on the Rasch Model Analysis.

Negotiating Islamic Law: The Practice of Inheritance Distribution in Polygamous Marriages in Indonesian Islamic Courts

2024-05-13T20:21:02+07:00

This research attempts to look at the allocation of inheritance in polygamous marriages, as adjudicated by the Indonesian Islamic courts, commonly known as the Religious Courts. In a polygamous marriage, the inheritance distribution often faces more complex challenges. This research is grounded in an analysis of decisions from the Religious Courts, including both first-instance and appellate court rulings. The findings indicate that inheritance distribution in polygamous marriages relies not just on the Islamic Law Compilation, but also on the Indonesian Civil Code. Moreover, the judges employed two approaches to resolve disputes: Islamic jurisprudence (fiqh) and the Islamic Law Compilation, which is the codified Islamic law in Indonesia. When the judges referred to the classical texts of Islamic jurisprudence, they allocated the entirety of the inherited properties among the heirs. Negotiation occurred when judges opted for the Islamic Law Compilation instead of classical fiqh, leading them to consider the concept of joint property and distinguish it from the estates. Ultimately, the Appellate Court judges appeared more progressive, taking into account the Indonesian context and ensuring justice for wives in polygamous marriages.

State Islamic University Students’ Perceptions of Israel Affiliated Products: A Study After the Fatwa of Indonesian Ulema Council No. 83 of 2023 Concerning the Law on Support for the Palestinian Struggle

2024-06-10T21:53:36+07:00

This study aims to describe the perceptions of State Islamic University (UIN) students in Indonesia regarding products affiliated with Israel after the issuance of the Indonesian Ulema Council (MUI) fatwa Number 83 of 2023 regarding support for the Palestinian struggle. This research employed qualitative research methods. The primary data of this study were collected through interviews while the secondary data were obtained from scientific articles, books, and so on. The data collection techniques used in this study were observations, interviews, and documentation. The data analysis techniques included data condensation, data presentation, and conclusion drawing. This study found that the overall perception of UIN students towards Israel-affiliated products was the result of a complex interaction between religious values, humanitarian values, solidarity with Palestine, media information, economic considerations, and political awareness. These factors become reinforcements to their agreement and support for MUI’s steps in supporting Palestine. MUI stipulated Fatwa Number 83 of 2023 concerning the Law of Support for the Palestinian Struggle. One of the substances was a call to boycott products that are clearly affiliated with Israel. This boycott has implications for the company’s reduced financial income due to a decrease in product sales turnover. This can paralyze the performance and operations of the company and as a consequence, their assistance to Israel in carrying out attacks on Palestine will be stopped.

Reconceptualizing the Marriage Age Limit in Indonesia: Efforts to Strengthen Family Resilience in North Sumatra

2024-06-04T16:34:38+07:00

The issue of early marriage has become a polemic and still occurs frequently in Indonesian society. This paper considers the importance of limiting the age of marriage to prevent negative physical, social and emotional impacts on children. This paper abstracts how early marriage in Indonesia impacts family resilience. This type of research is field research, with a text analysis approach related to social issues to answer related factors that influence early marriage and how to improve family resilience. The author conducted research by interviewing five people, one of whom is the deputy head of the Religious Court, the other four are actors who play the role of parents in fulfilling the economical and social needs of children in low-income families, the impact of the increase in the marriage age limit on the rise in marriage dispensation applications at the Indonesian Religious Court, irregularities in marriage dispensation, the phenomenon of underage marriage, the practice of nikah sirri and its implications for marriage registration in Indonesia. The results show the need for better education, economic access, substantial law enforcement, and changes in social and cultural norms to address early marriage, concluding that limiting the age of marriage is vital to achieving family stability, happiness and well-being in Indonesia.