Al-Manahij: Jurnal Kajian Hukum Islam最新文献

Strengthening Maqāṣid al-Sharī’ah Values in Halal Traceability: Evidence and Analysis of Block Chain Based on Halal Supply Chain Applications 加强清真溯源中的 Maqāṣid al-Sharī'ah 价值：基于清真供应链应用的区块链证据与分析

Al-Manahij: Jurnal Kajian Hukum Islam Pub Date : 2024-05-14 DOI: 10.24090/mnh.v18i1.9883

Zul Anwar Doi https, Ajim Harahap doi.org10.24090, Muhammad mnh.v18i1.9883 Zulfan, Ridwan, Jurnal Kajian, Hukum Islam, Muh. Nashirudin, Ramadhan, A. Ulfah

引用次数: 0

Analyzing the Offense of Juvinile Khalwat in Aceh: Evaluation of Qanun Number 14 of 2003 from an Islamic Legal Perspective 分析亚齐的 Juvinile Khalwat 罪：从伊斯兰法律角度评估 2003 年第 14 号禁令

Al-Manahij: Jurnal Kajian Hukum Islam Pub Date : 2024-05-03 DOI: 10.24090/mnh.v18i1.10648

Nanang Naisabur Doi httpsdoi.org, Haris Maiza 24090mnh., Hisam .10648 Putra, Dwi Ahyani, Pat Novita, Kurniati, Jurnal Kajian, Hukum Islam, Zul Anwar, Ajim Harahap, Muhammad Ridwan, Jl. Prof. Mahmud Yunus, Lubuk Lintah, Kec Anduring, Kuranji

{"title":"Analyzing the Offense of Juvinile Khalwat in Aceh: Evaluation of Qanun Number 14 of 2003 from an Islamic Legal Perspective","authors":"Nanang Naisabur Doi httpsdoi.org, Haris Maiza 24090mnh., Hisam .10648 Putra, Dwi Ahyani, Pat Novita, Kurniati, Jurnal Kajian, Hukum Islam, Zul Anwar, Ajim Harahap, Muhammad Ridwan, Jl. Prof. Mahmud Yunus, Lubuk Lintah, Kec Anduring, Kuranji","doi":"10.24090/mnh.v18i1.10648","DOIUrl":"https://doi.org/10.24090/mnh.v18i1.10648","url":null,"abstract":"Aceh presents an intriguing area of study for numerous researchers in legal domains, owing to its distinct legal system in contrast to other regions in Indonesia. This legal jurisdictional authority underscores the intricacies involved in delineating the jurisdictional boundaries within the overarching framework provided by the national regulations. This is evident in cases of khalwat, an offense where a man and a woman date in seclusion. This study delves into an examination of the offense of juvenile khalwat in Aceh, as stipulated in Qanun Number 14 of 2003, employing Islamic legal theory within a sociological context. The findings of this study suggest that the juvenile occurrence of khalwat in Aceh stems from a combination of factors. These include the enduring influence of religious teachings, the prevalence of casual relationships among adolescents coupled with insufficient parental supervision, and the impact of modern social structures on youthful behavior. As a result, they engage in the offense of khalwat in public spaces, disregarding societal moral norms and public decorum. This Qanun fails to explicitly delineate the parameters for imposing penalties such as ‘uqubat (corporal punishment), flogging, and fines. Consequently, it leads to legal disparities in enforcement by the Wilayatul Hisbah, particularly when the offender is a minor or immature individual.","PeriodicalId":486368,"journal":{"name":"Al-Manahij: Jurnal Kajian Hukum Islam","volume":"10 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141015479","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 Prohibition of Social E-Commerce on TikTok Shop: A Fiqh Examination Based on Sharia Compliance and Economic Justice 禁止在 TikTok Shop 上开展社交电子商务：基于符合伊斯兰教法和经济正义的教法研究

Al-Manahij: Jurnal Kajian Hukum Islam Pub Date : 2024-03-25 DOI: 10.24090/mnh.v18i1.9674

Nanang Naisabur, Haris Maiza Putra, Hisam Ahyani, Dwi Novita, Pat Kurniati

引用次数: 0

Utilizing Science and Maqāṣid al-Sharī’ah in Resolving Contemporary Issues of Islamic Family Law 利用科学和伊斯兰教法解决当代伊斯兰家庭法问题

Al-Manahij: Jurnal Kajian Hukum Islam Pub Date : 2024-03-16 DOI: 10.24090/mnh.v18i1.10571

Agus Sunaryo Doi httpsdoi., Ahmad Hadidul Fahmi 10.24090mnh.v18i1.10571, Jurnal Kajian, Hukum Islam, Armi Agustar, Silawati, Siti Arafah, Purwokerto K.H. Saifuddin Zuhri

{"title":"Utilizing Science and Maqāṣid al-Sharī’ah in Resolving Contemporary Issues of Islamic Family Law","authors":"Agus Sunaryo Doi httpsdoi., Ahmad Hadidul Fahmi 10.24090mnh.v18i1.10571, Jurnal Kajian, Hukum Islam, Armi Agustar, Silawati, Siti Arafah, Purwokerto K.H. Saifuddin Zuhri","doi":"10.24090/mnh.v18i1.10571","DOIUrl":"https://doi.org/10.24090/mnh.v18i1.10571","url":null,"abstract":"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.","PeriodicalId":486368,"journal":{"name":"Al-Manahij: Jurnal Kajian Hukum Islam","volume":"92 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140236182","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

Examining Muslims’ Aspirations in Drafting the New Criminal Code: Analyzing Criminal Law Policy in Indonesia from a Maslaha Perspective 考察穆斯林在起草新刑法典中的愿望：从马斯拉哈的视角分析印度尼西亚的刑法政策

Al-Manahij: Jurnal Kajian Hukum Islam Pub Date : 2024-03-16 DOI: 10.24090/mnh.v18i1.8280

Agus Sunaryo Doi httpsdoi., Ahmad Hadidul Fahmi 10.24090mnh.v18i1.8280, Jurnal Kajian, Hukum Islam, Vivi Ariyanti, Supani, Uin Prof. K.H, Saifuddin Zuhri, Purwokerto Jl. Ahmad, Yani No.

{"title":"Examining Muslims’ Aspirations in Drafting the New Criminal Code: Analyzing Criminal Law Policy in Indonesia from a Maslaha Perspective","authors":"Agus Sunaryo Doi httpsdoi., Ahmad Hadidul Fahmi 10.24090mnh.v18i1.8280, Jurnal Kajian, Hukum Islam, Vivi Ariyanti, Supani, Uin Prof. K.H, Saifuddin Zuhri, Purwokerto Jl. Ahmad, Yani No.","doi":"10.24090/mnh.v18i1.8280","DOIUrl":"https://doi.org/10.24090/mnh.v18i1.8280","url":null,"abstract":"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.","PeriodicalId":486368,"journal":{"name":"Al-Manahij: Jurnal Kajian Hukum Islam","volume":"103 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140236023","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

Evaluation of the Maqāṣid al-Sharī’ah Liberalization: An Examination of the Notion of ‘Prioritizing Public Interest over Textual Evidence’ 对《沙里亚法典》自由化的评价：对 "公共利益优先于文本证据 "理念的审视

Al-Manahij: Jurnal Kajian Hukum Islam Pub Date : 2024-03-13 DOI: 10.24090/mnh.v18i1.9886

Agus Sunaryo, Ahmad Hadidul Fahmi

{"title":"Evaluation of the Maqāṣid al-Sharī’ah Liberalization: An Examination of the Notion of ‘Prioritizing Public Interest over Textual Evidence’","authors":"Agus Sunaryo, Ahmad Hadidul Fahmi","doi":"10.24090/mnh.v18i1.9886","DOIUrl":"https://doi.org/10.24090/mnh.v18i1.9886","url":null,"abstract":"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.","PeriodicalId":486368,"journal":{"name":"Al-Manahij: Jurnal Kajian Hukum Islam","volume":"2008 7","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140246395","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

Legal Protection of Minority Rights: Study on the Implementation of Qanun Number 6 of 2014 Concerning the Jinayat Law in Langsa City, Aceh Special Region Province 少数民族权利的法律保护——亚齐特别行政区朗萨市执行2014年第6号关于《吉纳亚特法》的批文研究

Al-Manahij: Jurnal Kajian Hukum Islam Pub Date : 2023-10-31 DOI: 10.24090/mnh.v17i2.7897

Farkhani Farkhani, Badwan Badwan, Ali Geno Berutu, Zulkarnain Zulkarnain, Fahmi Irfanudin

{"title":"Legal Protection of Minority Rights: Study on the Implementation of Qanun Number 6 of 2014 Concerning the Jinayat Law in Langsa City, Aceh Special Region Province","authors":"Farkhani Farkhani, Badwan Badwan, Ali Geno Berutu, Zulkarnain Zulkarnain, Fahmi Irfanudin","doi":"10.24090/mnh.v17i2.7897","DOIUrl":"https://doi.org/10.24090/mnh.v17i2.7897","url":null,"abstract":"The negative stigma against applying Islamic law or sharia has not disappeared. This stigma persists since it is accompanied by propaganda that Islamic sharia is contrary to human rights and is barbaric. Specifically, the Special Region of Aceh Province, with its special label and special autonomy based on Law No. 44 of 1999 concerning the Implementation of the Privileges of Aceh, strengthened by Law No. 18 of 2001 concerning Special Autonomy, Law No. 11 of 2006 concerning the Government of Aceh, and part of the Memorandum of Understanding (MoU) of Helsinki bargaining, is permitted to apply Islamic law, including the issue of jinayat. This research’s object was the implementation of Qanun Jinayat in Langsa City to find out how it is implemented and how it protects the rights of minorities. Included in the field research category, this study used qualitative methods with data collection techniques through in-depth interviews and field observations. The result revealed that the enforcement of the Qanun Jinayat in Langsa City is concerned about human rights norms, does not interfere with the rights of minorities, and they even feel happy since the Qanun’s norm is also regulated in their holy book.","PeriodicalId":486368,"journal":{"name":"Al-Manahij: Jurnal Kajian Hukum Islam","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135928299","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

Judges’ Acceptance of Sharia-Inspired Laws in Indonesia 印尼法官对伊斯兰教法的接受

Al-Manahij: Jurnal Kajian Hukum Islam Pub Date : 2023-10-27 DOI: 10.24090/mnh.v17i2.7716

Hazar Kusmayanti, Dede Kania, Nanik Prasetyoningsih, Zinatul Ashiqin Zainol

{"title":"Judges’ Acceptance of Sharia-Inspired Laws in Indonesia","authors":"Hazar Kusmayanti, Dede Kania, Nanik Prasetyoningsih, Zinatul Ashiqin Zainol","doi":"10.24090/mnh.v17i2.7716","DOIUrl":"https://doi.org/10.24090/mnh.v17i2.7716","url":null,"abstract":"It is fascinating how customary laws are accepted by judges in the Indonesian legal system. In Aceh, particularly, its customary law is inspired by sharia or Islamic law. In addition to the national law, this law also influences judges’ consideration in making their decisions. According to Van Den Berg’s theory of receptio in complexu, Islamic law has been recognized in Indonesian legal system as a customary law. This article tries to find out how judges accept sharia-inspired customary law to pass their decisions. The research used normative-legal method. Based on the research results, the author concluded the judge’s acceptance of customary law could be seen from a Sharia Court decision related to customary disputes. This decision was passed by the Takengon Sharia Court under No. 269/Pdt.G/2017/Ms-Tkn dated May 2, 2018. It concerned with the division of joint property. This decision referred to Islamic law in giving each party a half of the total assets after being deducted by the joint debts. This decision strengthened the foothold of Islamic law in customary law and national law enforcement, especially in Aceh Province. However, it would be a different case if the customary law was in conflict with Islamic law. In such a case, the panel of judges would not accept the customary law. An example of this was the case of adopted children. Rather than receiving an inheritance, as in the traditional parental communities, they would only receive a mandatory will. One of such decisions was the Aceh Sharia Court’s Decisions No. 125/Pdt.G/2011/MS and No.084/ Pdt.P/2016/MS.Bna.","PeriodicalId":486368,"journal":{"name":"Al-Manahij: Jurnal Kajian Hukum Islam","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136316925","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

Legal Age for Marriage: SDGs and Maslahah Perspectives in Legal Policy Change in Indonesia 法定结婚年龄:印尼法律政策变化中的可持续发展目标和Maslahah视角

Al-Manahij: Jurnal Kajian Hukum Islam Pub Date : 2023-09-22 DOI: 10.24090/mnh.v17i2.9506

Edy Setyawan, Muhammad Chairul Huda, Afif Muamar, Didi Sukardi, Muhammad Feby Ridho Pangestu

{"title":"Legal Age for Marriage: SDGs and Maslahah Perspectives in Legal Policy Change in Indonesia","authors":"Edy Setyawan, Muhammad Chairul Huda, Afif Muamar, Didi Sukardi, Muhammad Feby Ridho Pangestu","doi":"10.24090/mnh.v17i2.9506","DOIUrl":"https://doi.org/10.24090/mnh.v17i2.9506","url":null,"abstract":"This research aims to identify the impact of the change in legal policy on the protection of human rights and gender equality. This research analyzes the relationship between the aspects influencing legal changes regarding the legal age of marriage in Indonesia from a gender perspective and the SDGs. This study employed a qualitative approach that is based on library research to identify the impact of changes in legal policy. This study also used a juridical approach to capture an overview of Indonesian family law policies as stipulated in the Law Number 16 of 2019 with maslahah theory and Philipus M. Hadjon’s theory of legal protection as the analytical framework. The research results: First, it was found that the issue of the minimum legal age of marriage is part of the legal discovery area, which resulted in the emergence of Law Number 16 of 2019. Second, the gender movement in Indonesia has played a significant role in changing the paradigm of family law towards a more progressive view and a more protective to women’s rights. The integration of Hadjon’s theory of legal protection strengthens the analysis of the impact of changing legal policies on individual rights and gender equality.","PeriodicalId":486368,"journal":{"name":"Al-Manahij: Jurnal Kajian Hukum Islam","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136010526","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