Al-Manahij: Jurnal Kajian Hukum Islam https://ejournal.uinsaizu.ac.id/index.php/almanahij <p><em>Al-Manahij: Jurnal Kajian Hukum Islam </em>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="https://sinta.kemdikbud.go.id/journals/profile/758" target="_blank" rel="noopener">Sinta Grade 1 (S-1)</a></p> <p>e-ISSN: <a href="http://issn.pdii.lipi.go.id/issn.cgi?daftar&amp;1491450273&amp;1&amp;&amp;" target="_blank" rel="noopener">2579-4167</a> | p-ISSN: <a href="http://issn.pdii.lipi.go.id/issn.cgi?daftar&amp;1180424933&amp;1&amp;&amp;" target="_blank" rel="noopener">1978-6670</a></p> <p> </p> Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto en-US Al-Manahij: Jurnal Kajian Hukum Islam 1978-6670 <p>Authors who publish with this journal agree to the following terms:</p> <ol type="a"> <li>Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a&nbsp;<a href="http://creativecommons.org/licenses/by-sa/4.0" target="_new">Creative Commons Attribution License</a>&nbsp;that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.</li> <li>Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.</li> <li>Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See&nbsp;<a href="http://opcit.eprints.org/oacitation-biblio.html" target="_new">The Effect of Open Access</a>).</li> </ol> Evaluation of the Maqāṣid al-Sharī’ah Liberalization: An Examination of the Notion of ‘Prioritizing Public Interest over Textual Evidence’ https://ejournal.uinsaizu.ac.id/index.php/almanahij/article/view/9886 <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> Agus Sunaryo Ahmad Hadidul Fahmi Copyright (c) 2024 Agus Sunaryo, Ahmad Hadidul Fahmi http://creativecommons.org/licenses/by-sa/4.0 2024-03-13 2024-03-13 1 16 10.24090/mnh.v18i1.9886 Utilizing Science and Maqāṣid al-Sharī’ah in Resolving Contemporary Issues of Islamic Family Law https://ejournal.uinsaizu.ac.id/index.php/almanahij/article/view/10571 <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> Aslati Armi Agustar Silawati Arisman Siti Arafah Copyright (c) 2024 Aslati, Armi Agustar, Silawati, Arisman, Siti Arafah http://creativecommons.org/licenses/by-sa/4.0 2024-03-16 2024-03-16 17 36 10.24090/mnh.v18i1.10571 Examining Muslims’ Aspirations in Drafting the New Criminal Code: Analyzing Criminal Law Policy in Indonesia from a Maslaha Perspective https://ejournal.uinsaizu.ac.id/index.php/almanahij/article/view/8280 <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> Vivi Ariyanti Supani Copyright (c) 2024 Vivi Ariyanti, Supani http://creativecommons.org/licenses/by-sa/4.0 2024-03-16 2024-03-16 37 58 10.24090/mnh.v18i1.8280 The Prohibition of Social E-Commerce on TikTok Shop: A Fiqh Examination Based on Sharia Compliance and Economic Justice https://ejournal.uinsaizu.ac.id/index.php/almanahij/article/view/9674 <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> Nanang Naisabur Haris Maiza Putra Hisam Ahyani Dwi Novita Pat Kurniati Copyright (c) 2024 Nanang Naisabur, Haris Maiza Putra, Hisam Ahyani, Dwi Novita, Pat Kurniati http://creativecommons.org/licenses/by-sa/4.0 2024-03-25 2024-03-25 59 78 10.24090/mnh.v18i1.9674 Analyzing the Offense of Juvinile Khalwat in Aceh: Evaluation of Qanun Number 14 of 2003 from an Islamic Legal Perspective https://ejournal.uinsaizu.ac.id/index.php/almanahij/article/view/10648 <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> Zul Anwar Ajim Harahap Zulfan Muhammad Ridwan Copyright (c) 2024 Zul Anwar Ajim Harahap, Zulfan, Muhammad Ridwan http://creativecommons.org/licenses/by-sa/4.0 2024-05-03 2024-05-03 79 94 10.24090/mnh.v18i1.10648 Strengthening Maqāṣid al-Sharī’ah Values in Halal Traceability: Evidence and Analysis of Block Chain Based on Halal Supply Chain Applications https://ejournal.uinsaizu.ac.id/index.php/almanahij/article/view/9883 <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> Muh. Nashirudin Ramadhan Almira Keumala Ulfah Copyright (c) 2024 Muh. Nashirudin, Ramadhan, Almira Keumala Ulfah http://creativecommons.org/licenses/by-sa/4.0 2024-05-14 2024-05-14 95 108 10.24090/mnh.v18i1.9883 To What Extent Collateral in PLS Financing Brings Maṣlaḥah? An Analytical Comparison from Islamic Law Outlook with Maqāṣid al-Sharī’ah Index https://ejournal.uinsaizu.ac.id/index.php/almanahij/article/view/10575 <p>This study aims to compare the level of <em>maṣlaḥah</em> 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 <em>maṣlaḥah</em>. 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 <em>maṣlaḥah</em> 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 <em>maṣlaḥah</em> between Islamic banking customers and employees in PLS finance practice regarding collateral, it still significantly brings benefit, as it aligns with the concept of <em>ta’widh</em> 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.</p> Dini Maulana Lestari Hadri Kusuma Sunaryati Copyright (c) 2024 Dini Maulana Lestari, Hadri Kusuma, Sunaryati http://creativecommons.org/licenses/by-sa/4.0 2024-05-22 2024-05-22 109 124 10.24090/mnh.v18i1.10575