Al-Manahij: Jurnal Kajian Hukum Islam最新文献_第3页

Interfaith Marriage in Perspectives of Classical and Modern Scholars 古典与现代学者视角下的跨宗教婚姻

Al-Manahij: Jurnal Kajian Hukum Islam Pub Date : 2022-11-25 DOI: 10.24090/mnh.v16i2.6772

A. Asy'ari, Triansyah Fisa

引用次数: 0

Contextualization of Mustaḥiq Zakat at LAZNAS Nurul Hayat Surabaya

Al-Manahij: Jurnal Kajian Hukum Islam Pub Date : 2022-11-25 DOI: 10.24090/mnh.v16i2.6915

Muhammad Ufuqul Mubin, A. Siddiq

{"title":"Contextualization of Mustaḥiq Zakat at LAZNAS Nurul Hayat Surabaya","authors":"Muhammad Ufuqul Mubin, A. Siddiq","doi":"10.24090/mnh.v16i2.6915","DOIUrl":"https://doi.org/10.24090/mnh.v16i2.6915","url":null,"abstract":"This paper discusses the contextualization of mustahiq zakat seen from the changes in its meanings which have expanded to riqâb, ghârim, sabîlillâh and ibn al-sabîl, while other meaning of mustaḥiq is relatively static such as faqîr, miskîn, 'âmil, mu' allaf. Practically, the concept of mustahiq zakat is contextualized by various zakat managers, one of which is Laznas (National Amil Zakat Institute) Nurul Hayat Surabaya. Mustaḥiq zakat which refers to the poor and âmil is contextualized according to the general meaning in classical and contemporary fiqh. While the mustahiq zakat of mu'allaf is contextualized to be limited to people who have converted to Islam, while the concept of mu'allaf in fiqh includes people who have not converted to Islam but have social potential and strength. The mustahiq zakat of riqâb, ghârim, sabîlillâh and ibn as-sabîl are contextualized widely beyond the meaning in fiqh generally. The contextualization of mustahiq zakat by Laznas Nurul Hayat shows that the benefit of humans (maṣâliḥ al-'ibâd) is the main consideration in zakat management, in addition to the contextualization of mustaḥiq zakat is proof that changes in situations, conditions, environment and socio-culture influence the changes in Islamic law. The conclusion in this paper uses the theory of change in Islamic law and uses a normative approach which aim to reveal the truth values in the practice of zakat in society which can be actualized in the future.","PeriodicalId":215937,"journal":{"name":"Al-Manahij: Jurnal Kajian Hukum Islam","volume":"36 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":"116062330","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}

引用次数: 2

The Zakat Management Legal Conflict of the Prismatic Society in Central Kalimantan 加里曼丹中部棱镜社会的天课管理法律冲突

Al-Manahij: Jurnal Kajian Hukum Islam Pub Date : 2022-11-25 DOI: 10.24090/mnh.v16i2.6014

Syaikhu Syaikhu, Norwili Norwili, R. Adawiyah

{"title":"The Zakat Management Legal Conflict of the Prismatic Society in Central Kalimantan","authors":"Syaikhu Syaikhu, Norwili Norwili, R. Adawiyah","doi":"10.24090/mnh.v16i2.6014","DOIUrl":"https://doi.org/10.24090/mnh.v16i2.6014","url":null,"abstract":"The Government established the National Amil Zakat Agency to manage zakat, but the prismatic society tends to be traditionalists in Kapuas Regency are reluctant to pay zakat through it. The study aims to determine the legal conflict in the zakat management of the prismatic society and to find out the causes of the prismatic society's reluctance to pay zakat through the zakat institution. It is descriptive qualitative with an empirical and legislative approach. The results indicate that the legal conflict between the law of zakat management and the prismatic law that applies in society makes the rules overlap and the zakat management for public interests became less optimal. Meanwhile, the causes of why they are reluctant to pay zakat through BAZNAS are the feeling better to give zakat directly to mustahiq, the lack of public understanding of the zakat management benefits by the institution, and the lack of public trust in the institution. There is a need for adjustments to zakat management regulations and providing comprehension that the society and zakat managers must have the awareness to optimize zakat, which is useful for the development of the country and Muslims.","PeriodicalId":215937,"journal":{"name":"Al-Manahij: Jurnal Kajian Hukum Islam","volume":"62 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":"124766993","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}

引用次数: 0

Reinventing the Human Dignity in Islamic Law Discourse: The Wasatiyah Approaches from Khaled Abou El-Fadl to the Interreligious Relation 在伊斯兰法律话语中重塑人的尊严:从哈立德·阿布·法德尔到宗教间关系的Wasatiyah方法

Al-Manahij: Jurnal Kajian Hukum Islam Pub Date : 2022-11-25 DOI: 10.24090/mnh.v16i2.6928

Wildani Hefni, Rizqa Ahmadi, Imam Mustofa

{"title":"Reinventing the Human Dignity in Islamic Law Discourse: The Wasatiyah Approaches from Khaled Abou El-Fadl to the Interreligious Relation","authors":"Wildani Hefni, Rizqa Ahmadi, Imam Mustofa","doi":"10.24090/mnh.v16i2.6928","DOIUrl":"https://doi.org/10.24090/mnh.v16i2.6928","url":null,"abstract":"Violence in the name of religion has never completely disappeared from discourse on religious life. Surprisingly, Islamic law is used as the basis for committing acts of violence damaging interreligious relations. There is a gap between the goals of Islamic law and practice in society. This article aims to unpack the wasatiyah approach provided by Khaled Abou El-Fadl in Islamic law discourses. This research is a qualitative method using library research, which obtains information from books, articles, and journals. This research concludes that El-Fadl provides an essential concept known in contemporary Islamic law as al-wasatiyah by integrating various scientific disciplines to strengthen human dignity. El-Fadl offers a moderate-humanist approach as a system that is considered more holistic and comprehensive in Islamic law, especially in constructing texts, understanding the context, and optimizing legal reasoning based on maqasid al-shariah through independent reasoning. This article shows that El-Fadl allows greetings to non-Muslims, greetings of Christmas to non-Muslims, interacts with non-Muslims, and elects non-muslim leaders. El-Fadl believes in strengthening the theological basis of pluralism, which requires tolerance as a pathway for creating a mutually productive life together.","PeriodicalId":215937,"journal":{"name":"Al-Manahij: Jurnal Kajian Hukum Islam","volume":"13 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":"122483898","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}

引用次数: 1

Economic and Legal Dimensions of Collateral Existence in Modern Mudhârabah Contracts: Understanding the Relationship between Risk Management, National Law, and Contemporary Fiqh 现代mudh<s:1>拉巴合同中抵押品存在的经济和法律维度:理解风险管理、国家法律和当代伊斯兰法之间的关系

Al-Manahij: Jurnal Kajian Hukum Islam Pub Date : 2022-11-25 DOI: 10.24090/mnh.v16i2.6860

Muhammad Syarif Hidayatullah, R. Fadillah

{"title":"Economic and Legal Dimensions of Collateral Existence in Modern Mudhârabah Contracts: Understanding the Relationship between Risk Management, National Law, and Contemporary Fiqh","authors":"Muhammad Syarif Hidayatullah, R. Fadillah","doi":"10.24090/mnh.v16i2.6860","DOIUrl":"https://doi.org/10.24090/mnh.v16i2.6860","url":null,"abstract":"This paper examines the economic and legal dimensions of the existence and application of collateral in modern mudhârabah contracts. Through this multi-perspective study, this paper sought to see the relationship between risk management, national law, and contemporary fiqh in discussing the existence and application of the collateral. This paper was included in the library research design and specifically in legal research methodology, applying normative legal research types with a conceptual and statutory approach. Furthermore, this research found a relationship between risk management, national law, and contemporary fiqh in viewing the existence of collateral applied to modern mudhârabah contracts in Sharia banking through its financing products. Based on the perspective of risk management, its existence was a risk control for non-performing financing. Then, in the perspective of national law, it manifested the prudential principle mandated by the sharia banking law. Meanwhile, in the perspective of contemporary fiqh, it can be seen as an effort to avoid the harm that was in line with the sadd adz-dzari'ah principle. This relationship was realized by looking at the existence of collateral in modern mudhârabah contracts as a preventive instrument. ","PeriodicalId":215937,"journal":{"name":"Al-Manahij: Jurnal Kajian Hukum Islam","volume":"63 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":"116454223","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}

引用次数: 0

The Legality of Divorce in Aceh: A Study of Divorce Practices Out of Religious Courts 亚齐离婚的合法性:宗教法院离婚实践的研究

Al-Manahij: Jurnal Kajian Hukum Islam Pub Date : 2022-11-25 DOI: 10.24090/mnh.v16i2.6389

A. Azwir, P. Pagar, M. Nasution

引用次数: 1

Rationalization of Islamic Legal Considerations in Marriage Dispensation: A Lesson from Katingan, Central Kalimantan 婚姻分配中伊斯兰法律考量的理性化:来自加里曼丹中部加丁甘的经验

Al-Manahij: Jurnal Kajian Hukum Islam Pub Date : 2022-11-25 DOI: 10.24090/mnh.v16i2.7074

Iswantoro Iswantoro, Faiq Tobroni

引用次数: 0

Gender Equality in Islamic Inheritance Law: Rereading Muhammad Shahrur’s Thought 伊斯兰继承法中的性别平等:再读穆罕默德·沙鲁尔思想

Al-Manahij: Jurnal Kajian Hukum Islam Pub Date : 2022-11-25 DOI: 10.24090/mnh.v16i2.6916

Ridwan

引用次数: 2

The Effectiveness of Aceh's Jinayat Qanun on Crime Rates in the Community in a Review of Legal Socialization 从法律社会化的角度看亚齐省治安管理对社区犯罪率的影响

Al-Manahij: Jurnal Kajian Hukum Islam Pub Date : 2022-11-18 DOI: 10.24090/mnh.v16i2.6643

Muzakkir

{"title":"The Effectiveness of Aceh's Jinayat Qanun on Crime Rates in the Community in a Review of Legal Socialization","authors":"Muzakkir","doi":"10.24090/mnh.v16i2.6643","DOIUrl":"https://doi.org/10.24090/mnh.v16i2.6643","url":null,"abstract":"Qanun Jinayat Aceh reflects Aceh's condition after being recognized as an area that is allowed to implement Islamic law. Even though it is legal, the next problem is how to actualize it so that it is not only a juridical struggle. The challenge in implementing the qanun jinayat by the Aceh government is how to be objective, not sharp down and blunt up. The next challenge is how the community is aware of the law with various legal socializations carried out by the Aceh Islamic Shari'a Service. This research is classified as field research with a qualitative approach. The methodology used is a juridical-empirical study. This means how the law's legality is associated with events and phenomena in the field. The primary sources in this study were informants at the Syariat Islam service in Aceh Tamiang and Langsa City, lecturers in the field of Islamic Criminal Law (HPI) at IAIN Langsa, MPU Aceh Tamiang and MPU Langsa City, and communities around Aceh Tamiang and Langsa cities. The results of the study conclude that the Qanun Jinayat has not been effective in suppressing the crime rate in Aceh. The causes are, first, because legal socialization is not right on target and only touches some levels of society. Second, many people still choose to settle jinayat cases through customary law with light sanctions, which does not have a deterrent effect.","PeriodicalId":215937,"journal":{"name":"Al-Manahij: Jurnal Kajian Hukum Islam","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133714690","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}

引用次数: 2

Marriage Dispensation in Underage Marriage: A Case Study at the Purwokerto Religious Court 未成年人婚姻中的婚姻豁免:以普沃克托宗教法院为例

Al-Manahij: Jurnal Kajian Hukum Islam Pub Date : 2022-05-30 DOI: 10.24090/mnh.v16i1.4229

Syufa'at Syufa'at

引用次数: 0