Al-Manahij: Jurnal Kajian Hukum Islam最新文献

{"title":"The Role of Indigenous Peoples, Social Workers, and the Syar’iyah Court in Diversion of Children Perpetrators of Jinayah","authors":"Ali Murtadho Emzaed Doi httpsdoi.org10., Ibnu Elmi mnh., AS Pelu v17i1.7349, Shakhzod Tokhirov, Jurnal Kajian, Hukum Islam, Zulfia Hanum, Alfi Syahr, Tumbur Palti, D. Hutapea, Umma Farida, Dian Hafit Syaifullah, Buyamin, Purwokerto K.H. Saifuddin Zuhri","doi":"10.24090/mnh.v17i1.7349","DOIUrl":"https://doi.org/10.24090/mnh.v17i1.7349","url":null,"abstract":"The juvenile justice system as a legal efforcement to guarantee the rights of children who conflict with the law. The mechanism for the criminal justice system against children is carried out through diversion involving judicial officials. However, problems arise in enforcing the criminal justice system for children engaged in Jinayah cases. It is because the Jinayah case must obey the qanun implemented in Aceh. The punishment given to the perpetrators of Jinayah can be in the form of flogging or imprisonment. For a child, that punishment can be traumatic for the child’s mental health. Therefore, this research will examine various efforts to minimize the impact of this punishment on the psychological development of children who become perpetrators of Jinayah. The problem of this study is how a child can maintain his psychological health after becoming a perpetrator of Jinayah. This research is essential to protect children’s psychological development as perpetrators of Jinayah. The purpose of this study is to find various efforts to maintain the mental development of children as perpetrators of Jinayah. Thus, the research method used to answer these problems is qualitative with a normative approach and literature study. The normative research will analyze various legal regulations regarding criminal and Jinayah acts. Then, it will support a literature study to gain a comprehensive and depth understanding of the topic of study. The results are that children as perpetrators of Jinayah have a risk of psychological trauma, and juvenile criminal law needs to be strengthened. Strengthening this law can be in the form of harmonizing the diversion of children with the Jinayah law. The cooperation of various parties, namely, law enforcement officials, social workers, and indigenous peoples, can minimize the risk of child psychological trauma.","PeriodicalId":215937,"journal":{"name":"Al-Manahij: Jurnal Kajian Hukum Islam","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117064232","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Islamic Law Legislation in Indonesia: Anomalies of the Relationship between Political Configuration and Zakat Legal Product during the Reform Era","authors":"Ali Murtadho Emzaed, I. Pelu, Shakhzod Tokhirov","doi":"10.24090/mnh.v17i1.7815","DOIUrl":"https://doi.org/10.24090/mnh.v17i1.7815","url":null,"abstract":"This article discusses the anomaly of democratic political configuration relation that produces conservative zakat law product in Law Number 23 Year 2011 on Zakat Management. Zakat law has experienced the positivation of Islamic law through what is called the legislative process in the House of Representatives. Through its stipulation, it actually led to rejection from Muslim civil society groups. This rejection is an indication that the law is not responsive to civil society. This research is normative juridical with a political approach to law that places legislation as a political product. Edward W. Soja’s spatial justice theory is used to analyze this issue. The findings of this research are, first, the anomaly of political configuration relations towards zakat law products occurs because of the still entrenched character of executive dominance in making zakat law in the DPR. Second, to produce a responsive law, it must provide space for spatial justice through the participation of Islamic civil society in making zakat law.","PeriodicalId":215937,"journal":{"name":"Al-Manahij: Jurnal Kajian Hukum Islam","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117153594","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Examining the Admissibility or Otherwise of Evidence Generated from Closed-Circuit Television (CCTV) and Deoxyribonucleic Acid (DNA) Test as Means of Proof of Zina Under Islamic Law","authors":"Yahaya Ibrahim Abikan","doi":"10.24090/mnh.v17i1.8172","DOIUrl":"https://doi.org/10.24090/mnh.v17i1.8172","url":null,"abstract":"This article examines the admissibility of evidence generated from CCTV and DNA tests as a means of proving adultery according to Islamic Law with a critical and argumentative study. This article reveals that hadd punishment cannot be imposed based on evidence generated from CCTV and DNA tests because the admission of such evidence will erode and neutralize the Qur'anic requirement of four reliable eyewitnesses before punishment. On the other hand, such evidence cannot be used to replace the provisions of the Qur'an and Sunnah because they are circumstantial and therefore subject to doubt. The author's main finding is that the only acceptable evidence for adultery is that prescribed by the Qur'ān or Sunnah, namely the oral testimony of four reliable eyewitnesses and confession. The article recommends that evidence generated from CCTV and DNA tests should be good evidence and equally admissible in all non-hudud offenses especially when there is no human interference or interruption tainting or affecting the evidence.","PeriodicalId":215937,"journal":{"name":"Al-Manahij: Jurnal Kajian Hukum Islam","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125128437","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Implementation of E-Commerce Consumer Option Rights (Khiyar) in Realizing Transaction Justice: A Study of Maqasid Al-Shariah","authors":"Muhammad Khaeruddin Hamsin Doi httpsdoi.org10.24090mnh.v17i1, Abdul Halim .7673, Rizaldy Anggriawan, Hilda Lutfiani, Jurnal Kajian, Hukum Islam, Abdi Widjaja, Achmad Musyahid Idrus, Tahani Asri Maulidah, Mulham Jaki Asti, Nurjannah, Purwokerto K.H. Saifuddin Zuhri","doi":"10.24090/mnh.v17i1.7673","DOIUrl":"https://doi.org/10.24090/mnh.v17i1.7673","url":null,"abstract":"This article aims to reveal the optimization of option rights in realizing or stopping e-commerce transactions to achieve justice due to several problems in e-commerce transactions, including no meeting of two people who transact and no goods at that time. The results of the study reveal that the component of option rights (khiyar) focuses on an option due to damage/defect, where the damage can harm or oppress the parties, and the right to vote is a preventive alternative so that the parties feel comfortable and justice is realized in every transaction. Likewise, in the maqashid al sharia analysis, option rights (khiyar) have a very strategic role in maintaining the interests, transparency, benefit, and willingness of both parties to conduct transactions and protect them from harm and loss for all parties. This shows concern for justice in transactions as an effort for the common good to protect the rights of the parties. Strengthening regulations through laws and regulations needs to be carried out as a preventive effort to prevent acts of bad faith by one of the parties to provide a sense of security in transactions between the parties.","PeriodicalId":215937,"journal":{"name":"Al-Manahij: Jurnal Kajian Hukum Islam","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131370338","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Sharia E-Wallet: The Issue of Sharia Compliance and Data Protection","authors":"M. K. Hamsin, A. Halim, Rizaldy Anggriawan, Hilda Lutfiani","doi":"10.24090/mnh.v17i1.7633","DOIUrl":"https://doi.org/10.24090/mnh.v17i1.7633","url":null,"abstract":"Sharia digital payments have lately emerged as one of the most significant innovations and breakthroughs in the field of Islamic economics in Indonesia. However, behind the positive side of the use of sharia e-wallets, there is one thing that all parties involved need to pay attention to, which if ignored can become a double-edged sword for its users, namely compliance, security, and personal data protection. The paper aims to investigate how the Indonesian government regulates data privacy for Islamic e-wallet users. It also investigates the potential risks and challenges of Islamic digital payments particularly in regard to data protection. Besides, it also investigates whether or not the sharia e-wallet has complied with the Fatwa of National Sharia Council (DSN-MUI). The study used normative research methods employing statutory, case, and conceptual approaches. This study reveals that the use of sharia e-wallets in Indonesia is essentially in compliance with Islamic principles as stated in the Fatwa of the National Sharia Council. As for the protection of personal data, in fact, this has been regulated in a comprehensive manner by the government and related state institutions such as Bank Indonesia and the Financial Services Authority. However, the government still has work that must be considered in regard to the compliance of sharia digital payment operators with established laws and regulations, where in the event of the operators violated the use of data privacy, thus they will face a severe sanctions stipulated by the prevailed rule.","PeriodicalId":215937,"journal":{"name":"Al-Manahij: Jurnal Kajian Hukum Islam","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130855639","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Role of Marriage Guardian of the Same Clan in the Traditional Marriage of Batak Toba Muslims in Samosir Regency in the Perspective of Islamic Law","authors":"Ramadhan Syahmedi Siregar, Muhammad Syakban, M. I. Rosele","doi":"10.24090/mnh.v17i1.6750","DOIUrl":"https://doi.org/10.24090/mnh.v17i1.6750","url":null,"abstract":"A marriage guardian (wali) occupies a very important role in marrying the bride to the prospective groom. There is often a unique case found among the Batak Toba Muslims in Harian District, Samosir Regency in that the lineage of a marriage guardian is not clear (cannot be proven genetically). Thus, if a bride belongs to a Samosir clan, the leader of Samosir clan can be the marriage guardian for the bride as long as he is a Muslim. This study aims to see the implementation of traditional wedding ceremony in the Batak Toba Muslim community, to see some factors contributed to this phenomenon, and to see the role of a guardian in a traditional wedding ceremony of Batak Toba Muslim in the perspective of Islamic law. After analyzing the data, it was found that many cases of marriage involving guardian of the same clan but different lineage were triggered by little understanding of Islamic marriage. Therefore, the office of religious affairs is suggested to be more active in raising people’s awareness of the important roles of a marriage guardian. In addition, for people whose marriage guardian is not from the same lineage should register their marriage with a wali hakim as their marriage guardian.\u0000 ","PeriodicalId":215937,"journal":{"name":"Al-Manahij: Jurnal Kajian Hukum Islam","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129149800","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Fiqh of Hisab-Ru’ya in the Twentieth Century Indonesia: Study on the Thoughts of Hamka, Hasbi Ash-Shiddieqy, and Moenawar Chalil about the Unification of Hijri Calendar","authors":"Marwadi Marwadi, Rina Heriyanti, Farah Nuril Izza","doi":"10.24090/mnh.v17i1.7902","DOIUrl":"https://doi.org/10.24090/mnh.v17i1.7902","url":null,"abstract":"Fiqh discourses regarding differences in methods and criteria (hisab and ru’ya) for determining the beginning of the Hijri months are still being debated among Muslims in Indonesia. Until now, there is no Hijri calendar that applies globally. The existing Islamic calendar is a local or regional calendar. The absence of a unified Hijri calendar often causes confusion in setting dates in Muslim society, and this makes Muslim intellectuals continue to study it. The idea of creating a unified Hijri calendar in Indonesia was originally raised by Hamka, Muhammad Hasbi Ash-Shiddieqy, and Moenawar Chalil. This research explores how the Hijri calendar is unified according to their opinions. This study is a qualitative research with a socio-historical and hermeneutic approach. Data collection uses the documentation method with the content analysis model. The results of this study indicate that Hamka believes that there needs to be a unified result between the hisab and the ru’ya methods, so that the Hijri calendar, especially the beginning of Ramadan and Shawwal, can become a fixed date. Meanwhile, Hasbi offers the idea that to overcome the differences in the beginning of Ramadan and Shawwal one must use the ru’yat method with global matla’. Meanwhile, Moenawar Chalil believes that the preparation of the Hijri calendar in Indonesia can only use the hisab method. These three ideas can be a solution in an effort to achieve uniformity of the Hijri calendar in Indonesia.","PeriodicalId":215937,"journal":{"name":"Al-Manahij: Jurnal Kajian Hukum Islam","volume":"80 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125016219","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Crucial History of Sharia Banking Law Development in Indonesia","authors":"Ahmad Dahlan, Mawardi Mawardi, Shaifurrokhman Mahfudz","doi":"10.24090/mnh.v17i1.7191","DOIUrl":"https://doi.org/10.24090/mnh.v17i1.7191","url":null,"abstract":"This article aims to explain Sharia banking law development in Indonesia from various sources based on facts or documents found in literatures and interviews made with several informants involved in the process of formulating Sharia banking law development as well as all law and legislation aspects in Indonesia. Two well-known figures, Karnaen A. Perwaatmadja and M. Syafi'i Antonio, were involved in the process of formulating Sharia banking law development in 1990s, as well as Zuhrizal Zubir, Sharia Bank Supervisor from Bank Indonesia Jakarta, and Bank Indonesia Purwokerto, Central Java in 2002. The research results showed that Sharia banking law development in Indonesia historically had several stages. First, the formulation of Sharia banking law was full of political contents. Second, Sharia banking law was based on a dual banking system dominantly in market accommodation. Third, the independence of legalization of Sharia banking law did not increase Sharia banking market share.","PeriodicalId":215937,"journal":{"name":"Al-Manahij: Jurnal Kajian Hukum Islam","volume":"55 27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129090404","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Consequences for Counterfeiting and Distributing of Counterfeit Vaccines under Jināyah and Criminal Law: A Comparative Study","authors":"A. Syatar, A. Abubakar, A. Fauzan, Kurniati, Darhan Sutradi Hukpar","doi":"10.24090/mnh.v17i1.7654","DOIUrl":"https://doi.org/10.24090/mnh.v17i1.7654","url":null,"abstract":"The proliferation of counterfeit vaccinations was producing significant public health problems and was related with legal issues. This article compared the sanctions imposed by Islamic criminal law and national legislation on counterfeiters and distributors of fake vaccines. Several rules and regulations control the use and distribution of vaccinations in Indonesia. In accordance with Articles 196 and 197 of Law Number 36 of 2009 on Health, the criminal act of distributing counterfeit vaccines is punishable by a maximum prison sentence of ten years and a maximum fine of one billion in IDR. As opposed to Article 197, which stipulates a maximum punishment of 15 years in prison and a maximum fine of Rp. 1,500,000,000,000. counterfeiting and distributing counterfeit vaccines are considered serious crimes in both Islamic criminal law and Jināyah. The punishment for these crimes varies depending on the severity of the offense and the harm caused to society. In both systems of law, the punishment can range from fines and imprisonment to the death penalty. It is important to note that these punishments are intended to deter individuals from engaging in these crimes and protect public health and safety. It was believed that the government would increase legislation addressing the punishment of counterfeiters and drug dealers, who can harm the Indonesian national character.","PeriodicalId":215937,"journal":{"name":"Al-Manahij: Jurnal Kajian Hukum Islam","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126690790","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Contemporary Maqāṣid Sharia Perspective on Sexual Violence Provisions in the Indonesian Law Number 12 Year 2022","authors":"Muhammad Iqbal Juliansyahzen, Ocktoberrinsyah","doi":"10.24090/mnh.v16i2.7018","DOIUrl":"https://doi.org/10.24090/mnh.v16i2.7018","url":null,"abstract":"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.","PeriodicalId":215937,"journal":{"name":"Al-Manahij: Jurnal Kajian Hukum Islam","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130796799","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}