Al-Manahij: Jurnal Kajian Hukum Islam

Front Matter

2022-11-26T15:20:33+07:00

Cover page; Editorial Team; Table of Contents

The Legality of Divorce in Aceh: A Study of Divorce Practices Out of Religious Courts

2022-07-15T19:20:05+07:00

Divorce for the people of Aceh is inseparable from Islamic law, the power of Islamic law dominates in every legal decision related to religion. Islamic law for the people of Aceh is understood as fiqh produced by the ulama (Muslim scholars). Likewise with divorce, when there are legal differences, Islamic law becomes the main priority in resolving these differences. This study aims to analyze the legality of divorce for the people of Aceh between Islamic law and state law. In addition, this paper will also analyze the legal trends used by the Acehnese people in divorce cases. This paper is empirical legal research with a statute approach and the sociology of law, the primary data source interviews, this research also examines essential writings related to divorce. The results show that the legality of divorce for the majority of the people of Aceh is what is specified in the Syafi'i school of jurisprudence, state law will be used if needed for administrative needs, but people who are aware of the legality of state law, will use the judiciary in divorce cases to guarantee post-divorce rights.

Gender Equality in Islamic Inheritance Law: Rereading Muhammad Shahrur’s Thought

2022-10-23T21:09:12+07:00

This article shows that the spirit of Islamic inheritance law is justice focusing on the sociological and gender roles of a man and woman in the accumulation of property on their gender role. The difference in the portion of legacy is not determined by sex. Shahrur’s gender responsive-reading of inheritance law text cannot be separated from its historical root and is always discussed with the current social context. Legacy distribution is based on female heirs’ position, while men’s portion adapts to the existence of female heirs, besides the kinship factor. Shahrur’s idea with the theory of hudud is offered to be an alternative model of Indonesian inheritance law reform.

Contextualization of Mustaḥiq Zakat at LAZNAS Nurul Hayat Surabaya

2022-10-23T22:25:26+07:00

This paper discusses the contextualization of mustahiq zakat seen from the changes in its meanings which have expanded to riqâb, ghârim, sabîlillâh and ibn al-sabîl, while other meaning of mustaḥiq is relatively static such as faqîr, miskîn, 'âmil, mu' allaf. Practically, the concept of mustahiq zakat is contextualized by various zakat managers, one of which is Laznas (National Amil Zakat Institute) Nurul Hayat Surabaya. Mustaḥiq zakat which refers to the poor and âmil is contextualized according to the general meaning in classical and contemporary fiqh. While the mustahiq zakat of mu'allaf is contextualized to be limited to people who have converted to Islam, while the concept of mu'allaf in fiqh includes people who have not converted to Islam but have social potential and strength. The mustahiq zakat of riqâb, ghârim, sabîlillâh and ibn as-sabîl are contextualized widely beyond the meaning in fiqh generally. The contextualization of mustahiq zakat by Laznas Nurul Hayat shows that the benefit of humans (maṣâliḥ al-'ibâd) is the main consideration in zakat management, in addition to the contextualization of mustaḥiq zakat is proof that changes in situations, conditions, environment and socio-culture influence the changes in Islamic law. The conclusion in this paper uses the theory of change in Islamic law and uses a normative approach which aim to reveal the truth values in the practice of zakat in society which can be actualized in the future.

The Zakat Management Legal Conflict of the Prismatic Society in Central Kalimantan

2022-11-04T16:09:52+07:00

The Government established the National Amil Zakat Agency to manage zakat, but the prismatic society tends to be traditionalists in Kapuas Regency are reluctant to pay zakat through it. The study aims to determine the legal conflict in the zakat management of the prismatic society and to find out the causes of the prismatic society's reluctance to pay zakat through the zakat institution. It is descriptive qualitative with an empirical and legislative approach. The results indicate that the legal conflict between the law of zakat management and the prismatic law that applies in society makes the rules overlap and the zakat management for public interests became less optimal. Meanwhile, the causes of why they are reluctant to pay zakat through BAZNAS are the feeling better to give zakat directly to mustahiq, the lack of public understanding of the zakat management benefits by the institution, and the lack of public trust in the institution. There is a need for adjustments to zakat management regulations and providing comprehension that the society and zakat managers must have the awareness to optimize zakat, which is useful for the development of the country and Muslims.

Economic and Legal Dimensions of Collateral Existence in Modern Mudhârabah Contracts: Understanding the Relationship between Risk Management, National Law, and Contemporary Fiqh

2022-11-02T19:18:19+07:00

This paper examines the economic and legal dimensions of the existence and application of collateral in modern mudhârabah contracts. Through this multi-perspective study, this paper sought to see the relationship between risk management, national law, and contemporary fiqh in discussing the existence and application of the collateral. This paper was included in the library research design and specifically in legal research methodology, applying normative legal research types with a conceptual and statutory approach. Furthermore, this research found a relationship between risk management, national law, and contemporary fiqh in viewing the existence of collateral applied to modern mudhârabah contracts in Sharia banking through its financing products. Based on the perspective of risk management, its existence was a risk control for non-performing financing. Then, in the perspective of national law, it manifested the prudential principle mandated by the sharia banking law. Meanwhile, in the perspective of contemporary fiqh, it can be seen as an effort to avoid the harm that was in line with the sadd adz-dzari'ah principle. This relationship was realized by looking at the existence of collateral in modern mudhârabah contracts as a preventive instrument.

Reinventing the Human Dignity in Islamic Law Discourse: The Wasatiyah Approaches from Khaled Abou El-Fadl to the Interreligious Relation

2022-11-09T15:19:44+07:00

Violence in the name of religion has never completely disappeared from discourse on religious life. Surprisingly, Islamic law is used as the basis for committing acts of violence damaging interreligious relations. There is a gap between the goals of Islamic law and practice in society. This article aims to unpack the wasatiyah approach provided by Khaled Abou El-Fadl in Islamic law discourses. This research is a qualitative method using library research, which obtains information from books, articles, and journals. This research concludes that El-Fadl provides an essential concept known in contemporary Islamic law as al-wasatiyah by integrating various scientific disciplines to strengthen human dignity. El-Fadl offers a moderate-humanist approach as a system that is considered more holistic and comprehensive in Islamic law, especially in constructing texts, understanding the context, and optimizing legal reasoning based on maqasid al-shariah through independent reasoning. This article shows that El-Fadl allows greetings to non-Muslims, greetings of Christmas to non-Muslims, interacts with non-Muslims, and elects non-muslim leaders. El-Fadl believes in strengthening the theological basis of pluralism, which requires tolerance as a pathway for creating a mutually productive life together.

The Effectiveness of Aceh's Jinayat Qanun on Crime Rates in the Community in a Review of Legal Socialization

2022-10-25T13:25:26+07:00

Qanun Jinayat Aceh reflects Aceh's condition after being recognized as an area that is allowed to implement Islamic law. Even though it is legal, the next problem is how to actualize it so that it is not only a juridical struggle. The challenge in implementing the qanun jinayat by the Aceh government is how to be objective, not sharp down and blunt up. The next challenge is how the community is aware of the law with various legal socializations carried out by the Aceh Islamic Shari'a Service. This research is classified as field research with a qualitative approach. The methodology used is a juridical-empirical study. This means how the law's legality is associated with events and phenomena in the field. The primary sources in this study were informants at the Syariat Islam service in Aceh Tamiang and Langsa City, lecturers in the field of Islamic Criminal Law (HPI) at IAIN Langsa, MPU Aceh Tamiang and MPU Langsa City, and communities around Aceh Tamiang and Langsa cities. The results of the study conclude that the Qanun Jinayat has not been effective in suppressing the crime rate in Aceh. The causes are, first, because legal socialization is not right on target and only touches some levels of society. Second, many people still choose to settle jinayat cases through customary law with light sanctions, which does not have a deterrent effect.

The Contemporary Maqāṣid Sharia Perspective on Sexual Violence Provisions in the Indonesian Law Number 12 Year 2022

2022-11-14T09:48:20+07:00

The problem of sexual violence is in the spotlight of various groups because it has a multidimensional impact. Various efforts have been made to guarantee and protect the rights of victims. One of these efforts is the presence of Law Number 12 of 2022 concerning the Crime of Sexual Violence. This study aims to analyze the substance of the law and its compatibility with Sharia principles. This type of research is qualitative with a juridical-philosophical approach with the Jasser Auda’s perspective on Maqāṣid Sharia. The content analysis (content-analysis) is used to examine the content of the law in depth and its suitability with the theory. This study concludes that the concept of sexual violence contained in Law 12 of 2022 is in accordance with Maqāṣid Sharia, mainly in six respects, namely ḥifẓ al-dīn (the preservation of religion), ḥifẓ al-nafs (the preservation of the soul), ḥifẓ al’aql (the preservation of mind), ḥifẓ al-nasl (the preservation of offspring), ḥifẓ al-māl (the preservation of property), and ḥifẓ al-‘irḍ (the preservation of honor). This is based on the basic principles of Maqāsid Sharia which emphasizes morality, openness, development, humanity, and human rights.

Interfaith Marriage in Perspectives of Classical and Modern Scholars

2022-10-23T22:41:51+07:00

Interfaith marriage has been a polemic in Islam since the Quran and hadith do not clearly explain the marriage that is allowed to ahl al-kitab and how to distinguish between Ahl al-Kitab and polytheistic. Also, it differs infidel, polytheistic, Ahl al-Kitab, Majusi, Sabi’i and others. The debate over this term among scholars continues until they agree to categorize those people into Ahl al-Kitab, polytheistic, majusi and others. This research uses a qualitative method with a normative approach in which the researchers use books, journals and other scientific manuscripts as the main resources. In addition, the researchers did a survey and found several things: First, the paradigm differences of scholars regarding interfaith marriage are based on differences understanding in Quran and hadith, socio-cultural influences and methods used. Secondly, the clerics agreed to forbid a Muslim to marry a disbeliever and polytheistic, but allowed to marry women Ahl al-Kitab. Third, Scholars differ in classifying ahl al-kitab women infidel, polytheistic, ṣabi’i and Ahl al-Kitab.

Rationalization of Islamic Legal Considerations in Marriage Dispensation: A Lesson from Katingan, Central Kalimantan

2022-11-20T19:30:52+07:00

This paper finds the importance of paying attention to the psychological readiness of children as consideration in granting a marriage dispensation. Katingan Regency Local Regulation Number 9 of 2018 requires applicants for marital dispensation to check their psychological health. This study investigates how such requirements help judges formulate rational legal considerations in handling applications for a marriage dispensation. This study uses qualitative methods and analysis of the intertextuality of legal texts. Kasongan Religious Court Decision Number 39/Pdt.P/2022/PA.Ksn has taken advantage of the implementation of this provision. The judge rejected the application for a marriage dispensation because the results of the hospital's assessment showed that the prospective bride and groom were not psychologically prepared. This decision ruled out the reasons for the applicants on the pretext of only avoiding adultery. The legal considerations refer to the essential objective of Islamic law: the best benefit (maslahat) for children.