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’

Agus Sunaryo, Ahmad Hadidul Fahmi — Wed, 13 Mar 2024 00:00:00 +0700

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

Aslati, Armi Agustar, Silawati, Arisman, Siti Arafah — Sat, 16 Mar 2024 00:00:00 +0700

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

Vivi Ariyanti, Supani — Sat, 16 Mar 2024 00:00:00 +0700

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

Nanang Naisabur, Haris Maiza Putra, Hisam Ahyani, Dwi Novita, Pat Kurniati — Mon, 25 Mar 2024 00:00:00 +0700

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.