Al-Manahij: Jurnal Kajian Hukum Islam <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> en-US <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="" 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="" target="_new">The Effect of Open Access</a>).</li> </ol> [email protected] (Muhammad Fuad Zain) [email protected] (Bani Syarif Maula) Thu, 14 Mar 2024 19:00:06 +0700 OJS 60 Evaluation of the Maqāṣid al-Sharī’ah Liberalization: An Examination of the Notion of ‘Prioritizing Public Interest over Textual Evidence’ <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 Wed, 13 Mar 2024 00:00:00 +0700 Utilizing Science and Maqāṣid al-Sharī’ah in Resolving Contemporary Issues of Islamic Family Law <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 Sat, 16 Mar 2024 00:00:00 +0700 Examining Muslims’ Aspirations in Drafting the New Criminal Code: Analyzing Criminal Law Policy in Indonesia from a Maslaha Perspective <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 Sat, 16 Mar 2024 00:00:00 +0700 The Prohibition of Social E-Commerce on TikTok Shop: A Fiqh Examination Based on Sharia Compliance and Economic Justice <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 Mon, 25 Mar 2024 00:00:00 +0700