Al-Manahij: Jurnal Kajian Hukum Islam
Journal Information
ISSN / EISSN
:
1978-6670 / 2579-4167
Published by: IAIN Purwokerto
(10.24090)
Total articles ≅ 313
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Latest articles in this journal
Al-Manahij: Jurnal Kajian Hukum Islam, Volume 16, pp 91-102; https://doi.org/10.24090/mnh.v16i1.4229
Abstract:
The purpose of marriage is to make family in happy and eternal according to the purpose of Law Number 1 of 1974, and the state has set a marriage age limit. Problems occur because there are many cases of marriage dispensation with decisions being granted which sometimes contradict the purpose of marriage. This study discusses the marriage dispensation decision at the Purwokerto Religious Court in 2018 with 108 decisions. The results show that there are two main factors that make judges allow children to marry through marriage dispensation. The first factor considered by the panel of judges, namely the existence of such a close relationship between the prospective groom and the prospective bride that causes the parents of each prospective bride and groom to worry that their child will fall into things that will be detrimental. The second reason assessed by the panel of judges was that the bride and groom were pregnant. In order to reduce the practice of marriage dispensation, pre-marital guidance, counseling through recitation is a psychological and mental preparation to achieve the purpose of marriage.
Al-Manahij: Jurnal Kajian Hukum Islam, Volume 16, pp 45-58; https://doi.org/10.24090/mnh.v16i1.6424
Abstract:
This research examines the phenomenon of homosexuality that is currently developing in the Western world and has even entered Indonesia. Many homosexual associations and organizations established in Europe and America, even in Indonesia are known as LGBT (Lesbian, Gay, Bisexual, and Transgender). Yet homosexuality is an extraordinary moral crime and a sign of moral degradation. The application of the principles of fiqh “Al-Ashl fi Al-Ibdha’ al-Tahrim” (the original law on sex is haram) in responding to the homosexual phenomenon through the approach of maqasid syari’ah, then homosexuality is haram because it destroys religion, the human soul, reason, descent, and also destroy honor. The original law of jurisprudence on the issue of sex is haram, responding to the homosexual phenomenon that is against the teachings of Islam which requires marriage to the opposite sex. Of course homosexual offenders or even more broadly, LGBT (Lesbian, Gay, Bisexual, and Transgender) are always looking for justifications and arguments that justify these acts, even on human rights grounds. Even though this is very contrary to his nature as a human being.
Al-Manahij: Jurnal Kajian Hukum Islam, Volume 16, pp 103-114; https://doi.org/10.24090/mnh.v16i1.6426
Abstract:
Among many divisions of contract (‘aqd) in mu’âmalah shar’iyyah, the dichotomy between tabarru’ and mu’âwaḍah contracts is the most influential paradigm in getting to know the jungle of classical and contemporary mu’âmalah contracts. Tabarru’ contract (tabarru’ât) means contracts of virtue as if it should be free from material self-interest or any other profane benefit. Meanwhile, mu’âwaḍah contract (mu’âwaḍât) means business contracts as if it is laden with material calculation and other various forms of self-interest. The dichotomic paradigm of these contracts is quite urgent that it is often made the ground to determine whether or not some material benefit obtained from certain contracts is allowed. It is interesting to observe, that the Indonesian law of obligation which is originating from a Dutch colonial legacy actually also acknowledges such a contract. It is, however, not as strict as its divisions in Islamic fiqh.
Al-Manahij: Jurnal Kajian Hukum Islam, Volume 16, pp 29-44; https://doi.org/10.24090/mnh.v16i1.6192
Abstract:
The COVID-19 pandemic has not ended yet; in fact it mutated and gave rise to a new variant which was later known as omicron. COVID-19 has threatened various sectors of life including religious life; religious rituals during the pandemic are limited and must follow health protocols to avoid the spread of the virus. Religious authorities play an important role in responding to this situation, including in issuing fatwas regarding guidelines for the implementation of worship during the COVID-19 period. Therefore, this article discusses the guidelines for the implementation of worship issued by these religious authorities. The focus of this article is to compare the fatwas of religious authorities regarding guidelines for the implementation of worship during the COVID-19 period; the fatwas referred to here are limited to the fatwas of the Indonesian Ulema Council (MUI), the fatwas of the Majlis Tarjih Muhammadiyah, and the fatwas of Lajnah Bahsul Masail Nahdlatul Ulama. This research is a library research with a comparative descriptive approach. The results of the study show that the fatwas related to the guidelines for the implementation of worship during the pandemic issued by the three religious authorities synergize, cooperate with and support each other in dealing with the COVID-19 pandemic. Unlike MUI and Nahdlatul Ulama, Muhammadiyah responded with concrete actions, namely establishing the Muhammadiyah COVID-19 Command Center (MCCC) with the main task of coordinating various programs in the context of dealing with the COVID-19 pandemic.
Al-Manahij: Jurnal Kajian Hukum Islam, Volume 16, pp 133-152; https://doi.org/10.24090/mnh.v16i1.6169
Abstract:
Facing the Qibla is one part of the requirements for prayer that must be sought. But in fact, there are still many mosques and places of worship for Muslims that do not face the Qibla. This paper examines the method of determining the direction of the center of the district capital city in Lampung by utilizing the shadows of the sun reflected by an object. The use of sunlight in determining the Qibla direction with this model is known as raṣd al-qiblah. The center of the capital city of Lampung district which is used as a sample for determining the direction of the Qibla is expected to all districts have the same calculation results can refer to the center of the district capital. So that the schedule for the implementation of raṣd al-qiblah in the district capital center in Lampung can be used by the districts within it. This type of research is a field research using a descriptive- analytical model that describes the determination of the Qibla direction with the position of the sun as the main benchmark. The use of tools in determining the Qibla direction is also used as a verification medium. Raṣd al-qiblah time is the transit time of the sun over the Ka’bah which is generally applicable to the coordinates of the district capitals in all sub-districts provided that the raṣd al-qiblah time interval is not outside the Qiblah azimuth path or not more than the tolerance threshold value. The results of a study of the three district capital centers in Lampung show that the timing of the implementation of raṣd al-qiblah for the districts that cover the three district capital centers has a time difference, although not significant.
Al-Manahij: Jurnal Kajian Hukum Islam, Volume 16, pp 115-132; https://doi.org/10.24090/mnh.v16i1.6382
Abstract:
Gojek is one of the largest electronic application companies that provides transportation and delivery services and has many driver-partners. In 2020, the number of business partners will reach two million partners. The research focuses on social conflicts, bad consumer attitudes, and punishments accompanied by dropping out of work against them. This study aims to analyze the guarantee of the protection of the rights of Gojek Indonesia's partners in the review of the Manpower Act No. 13 of 2003 and in terms of maqashid . This is a descriptive analysis research with content analysis method through the theory of the Manpower Act and sharia maqashid, then analysis through scientific data sourced from valid scientific books and journals. The findings of this study are in the form of an agreement between the driver-partners and the Gojek company, including a partnership agreement, there is not a work agreement. On this matter, the Manpower Law No. 13 of 2003 cannot be applied to driver-partners, therefore they are not entitled to claim the rights of the protection guarantees contained in the agreement. in the Manpower Act. As for Gojek's company policy, according to Ibn Ashur's maqashid sharia analysis, some disagree with the maqshad of freedom, the principle of equality and not by maqshad, eliminating every agreement that contains elements of slavery. In terms of the rights of the driver partners, it is by the maqshad of the maslahah principle and the fulfillment of rights to the experts, and the maqshad of providing work support facilities, as well as the maqshad of hastening the provision of wages. And in terms of partner facility services, everything is in line with the maqashid sharia principle.
Al-Manahij: Jurnal Kajian Hukum Islam, Volume 16, pp 1-14; https://doi.org/10.24090/mnh.v16i1.6301
Abstract:
The vaccination program to prevent the spread of COVID-19 and has been declared halal clinically and medically, reinforced by the MUI certificate. However, the vaccination program has not been able to calm the public considering the plurality of legal awareness in Indonesia so that it has drawn controversy that cannot be separated from political elements, interests of the government and stakeholders. This paper that halalness of the vaccination from the perspective of legal politics, approach normative, sociological and phenomenological legal. The findings that the legality of the COVID-19 vaccination is politically influenced by global and humanitarian conditions with the consideration that COVID-19 is a global virus that involves all humanitarian interests, not only Indonesian muslims. So that politically, the law of halal vaccination is a strategic political policy that is appropriate for the current government according to the conditions of Indonesia as a pancasila democracy country, not a religious state and not a secular state but state based on pancasila. The halal vaccination by the government, strengthened by the MUI, is an accommodative political with the national interest, national and religious aspects with spirit of democracy and legal plurality in Indonesia.
Al-Manahij: Jurnal Kajian Hukum Islam, Volume 16, pp 15-28; https://doi.org/10.24090/mnh.v16i1.5146
Abstract:
One of the Government's strategic policies in suppressing and stopping the transmission of COVID-19 is to take the vaccination movement seriously. Even though the vaccination program has a positive aim, while people have doubt and even refuse to use vaccines because they are considered illegal and dangerous. Responding to this friction, this is where the importance of the MUI fatwa in socializing that vaccination is very urgent and allowed to be carried out. There is no serious objection to vaccination in Medan City; even most Medan Muslims claim that the MUI fatwa brings benefits. This article belongs to field research with a qualitative approach. The methodology used is an interpretive study of the sociology of law by conducting interviews and reviewing documents related to the MUI fatwa on COVID-19 vaccination. The result concluded that; the MUI fatwa in Medan City has been well received by the community and is considered necessary. Second, the effectiveness of the halal Sinovac vaccine has been tested and is of good quality and is allowed to use. There is no severe objection regarding vaccination in Medan City; even most Medan Muslims claim that the MUI fatwa brings benefits.
Al-Manahij: Jurnal Kajian Hukum Islam, Volume 16, pp 149-164; https://doi.org/10.24090/mnh.v16i1.6321
Abstract:
Regulation issued by the Ministry of Research, Technology and Higher Education Number 30 of 2021 about prevention and handling of sexual violence in campus has raised pros and cons among Indonesian Muslims because several articles allegedly provide sexual freedom on campus with an editorial “except with the victim consent”. The editorial seems to strongly prioritize one of the principles of Progressive Islam activists; on the other hand, there are philosophical values of the Islamic law that are not realized, especially in protecting dignity and heredity (hifz al-nasb). This study aims to reveal the implementation of progressive Islam in the regulation, and then the realization of progressive Islam will also be seen from the philosophical point of view of Islamic law. This research is qualitative by using data from library research. The results of the study indicate that the Ministerial Regulation has implemented one of the progressive Islamic concepts by prioritizing international human rights as the rationale, and the implementation of progressive Islam that relies on international human rights is not in line with the philosophy of Islamic law which highly upholds the protection of dignity and heredity (hifz al-nasb) from the side of maslahah al-hajiya. Therefore, the editorial must be changed, in order to achieve the benefit of the world and the hereafter for Indonesian Muslims.
Al-Manahij: Jurnal Kajian Hukum Islam, Volume 16, pp 59-76; https://doi.org/10.24090/mnh.v16i1.6317
Abstract:
The issue of menstruation has attracted a lot of attention from fiqh scholars to discuss it, because the scholars have tried to eradicate and abolish the myths surrounding menstruation that have existed for a long time. But if we want to take a closer look at the stipulations, more or less there are still stereotypes in treating menstruating women, although there are still debates in it. The explanation in fiqh still causes ambiguity in the argument why menstruating women are prohibited from fasting, is there still a misogynistic assumption about menstruation in fiqh, so that menstruating women are not allowed to fast? From this point of view, it is necessary to re-examine why menstruating women are prohibited from fasting, because the scholars of fiqh do not provide sufficient studies on various implications arising from the existence of the menstrual cycle, except for a global explanation of all the prohibitions that must be avoided for women menstruating. In the book of fiqh it is explained that fasting is forbidden for menstruating women because fasting is pure worship. This study concludes that by looking at the physical conditions experienced by menstruating women in general, the prohibition of menstruating women from fasting can be understood as people who are sick who get relief to break their fast for the benefit of and maintain their health. So the prohibition of a menstruating woman from fasting is a relief (rukhsah) from God to maintain the stability of her body, and it does not mean a prohibition, considering that the condition of a menstruating woman's body is not the same.