Al-Manahij: Jurnal Kajian Hukum Islam

This study examines the legal culture dealing with the interaction of religious practices and rituals among interfaith couples in Purwokerto, Central Java, emphasizing the social and legal dynamics influencing family life. In Indonesian society, interfaith marriage presents a complex issue, intersecting between state legal regulations and religious doctrines. By using qualitative methods through in-depth interviews and analysis of legal documents, this research delves into how interfaith couples navigate their daily lives, compromise the religious differences, and adapt to the prevailing legal framework. Legal culture component in legal system, comprising values and attitudes that influence the operation of the law, this research argues that legal culture significantly influences the practices in n t both social and and religious rituals, struggling the efforts to maintain household harmony. The issuance of Supreme Court Circular (SEMA) Number 2 of 2023 gave impact to the comprehensive legal interpretation and adaptation. This study demonstrates of understanding the interrelation of law, religion, and social practices within Indonesia’s religious pluralism and its implications for the legal acknowledgment and spiritual lives of interfaith couples.

None Muchimah

Jahar Asep Saepudin

None Hamdani

Fajarini Ulfah

Al-Manahij Jurnal Kajian Hukum Islam

Legal Culture and the Dynamics of Religious Interaction in Ritual Practices among Interfaith Marriage

法律文化与跨信仰婚姻仪式实践中宗教互动的动态

For the Tolaki indigenous people, a marriage is considered valid when it is conducted in accordance with the kalosara tradition. This signifies that the legitimacy of marriage among the Tolaki people of Southeast Sulawesi is not determined by adherence to Islamic law or state regulations, but by the observance of the kalosara customary practice. This study seeks to explore the kalosara tradition as the prevailing authority in the marriage law of the Tolaki community in Southeast Sulawesi, and to analyze the perspectives of Islamic law through the concepts of ‘urf and maṣlaḥa mursala in relation to this tradition. Employing a qualitative research method with an empirical-normative approach, data were gathered through interviews with traditional leaders, community figures, and religious authorities. The findings of the study indicate that the kalosara tradition in Tolaki community wedding ceremonies consists of three stages: seeking permission, the proposal, and the marriage contract. The Tolaki people regard a marriage as valid only if it adheres to the kalosara tradition, establishing customary law as the dominant form of marriage law within the community. From the perspective of ‘urf, the kalosara tradition is deemed acceptable, as it fulfills the criteria of al-‘urf al-ṣaḥīḥ (good custom). Moreover, the kalosara tradition contributes to social welfare within the Tolaki community of Southeast Sulawesi. This research is expected to make a significant global contribution to the development of studies on marriage law and tradition. Furthermore, it is deserving of recognition as a valuable academic resource addressing societal legal needs concerning the practice of marriage traditions.

None Ahmadi

Asriadi Zainuddin

Asrianto Zainal

Syamsul Darlis

Legal Authority and Marital Identity: A Study on the Kalosara Tradition of the Tolaki People in Southeast Sulawesi

法律权威与婚姻身份：东南苏拉威西托拉基人的卡洛萨拉传统研究

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.

Muhammad Syarif Hidayatullah

Rahmat Fadillah

Economic and Legal Dimensions of Collateral Existence in Modern Mudhârabah Contracts: Understanding the Relationship between Risk Management, National Law, and Contemporary Fiqh

现代穆达拉巴合同中抵押品存在的经济与法律维度：理解风险管理、国家法律与当代伊斯兰法学之间的关系

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.

Syaikhu Syaikhu

Norwili Norwili

Rabiatul Adawiyah

The Zakat Management Legal Conflict of the Prismatic Society in Central Kalimantan

中加里曼丹棱镜社会扎卡特管理法律冲突

This article shows that the spirit of Islamic inheritance law is justice focusing on the sociological and gender roles of a man and woman in the accumulation of property on their gender role. The difference in the portion of legacy is not determined by sex. Shahrur’s gender responsive-reading of inheritance law text cannot be separated from its historical root and is always discussed with the current social context. Legacy distribution is based on female heirs’ position, while men’s portion adapts to the existence of female heirs, besides the kinship factor. Shahrur’s idea with the theory of hudud is offered to be an alternative model of Indonesian inheritance law reform.

None Ridwan

Gender Equality in Islamic Inheritance Law: Rereading Muhammad Shahrur’s Thought

伊斯兰继承法中的性别平等：重读穆罕默德·沙赫鲁的思想

This study aims to explore the regulation and implementation of family criminal law regarding theft cases within a family context from the perspectives of Indonesia Criminal Codes (KUHP) and the theory of jarimah of the Islamic criminal law. By employing a descriptive qualitative method with a literature review approach, the research analyzes legal sources and relevant literature. The findings reveal that theft is generally regarded as a common crime. However, in specific contexts, such as theft occurring within a family setting, special provisions outlined in Article 367 of the KUHP. This article classifies family theft as a complaint offense (klacht delict), meaning it can only be prosecuted if there is a complaint from the aggrieved party. The study underscores the importance of thoroughly understanding the characteristics of family theft and its implications for the criminal justice system. It also highlights the need for further evaluation of the effectiveness and application of this law in the Indonesian family context, incorporating insights from the theory of jarimah in Islamic criminal law.

None Hanafi

Afif Khalid

Gusti Wardiansyah

None Hidayatullah

Theft in the Family Context: An Analysis of Article 367 of the Criminal Code and its Application in Indonesia

家庭背景下的盗窃：对《刑法典》第367条及其在印度尼西亚适用的分析

This article examines the consistency of the MUI Fatwa regarding Monosodium Glutamate (MSG) from a Maqāṣid al-Sharī’ah standpoint. The legal issue addressed in this research arises from the ongoing debate regarding the consumption of MSG. The Indonesian Ulema Council (MUI) has issued a fatwa declaring that MSG consumption is permissible (halal), provided that it is produced from halal ingredients and is processed, packaged, marketed, distributed, and served in compliance with Islamic law. However, numerous studies have highlighted the adverse effects associated with MSG consumption. This research employs a normative-empirical approach to Islamic law. The primary normative data consists of the MUI fatwa concerning flavoring products, specifically monosodium glutamate, which contains amino acids, as well as various sources discussing Maqāṣid al-Sharī’ah. The primary empirical data is derived from interviews with MUI board members regarding their perspectives on the relevant fatwa. Additionally, non-legal sources, including scientific literature on MSG, are utilized. Through this methodological approach, the research yielded several key findings. Although the MUI has declared MSG consumption as halal, individuals must still adhere to the safety guidelines established by the WHO and the Indonesian Ministry of Health. The MUI further advises against excessive or prolonged consumption of MSG due to its harmful effects on one’s well-being, including the soul, mind, reproductive system, beliefs, and property, all of which Islamic law mandates to be safeguarded. Consequently, the research concludes that the MUI fatwa, along with the explanations provided by its members, aligns closely with the principles of Maqāṣid al-Sharī’ah, as the prevention of harm takes precedence over the pursuit of benefits.

Syafruddin Syam

Cahaya Permata

Rizki Muhammad Haris

Maulidya Mora Matondang

Reevaluating the Legal Status of Monosodium Glutamate Consumption: The Indonesian Ulema Council’s Fatwas and Maqāṣid al-Sharī’ah

重新评估味精消费的法律地位：印度尼西亚乌里玛委员会的法特瓦与沙里亚目的

Prior to the issuance of Supreme Court Regulation No. 2 of 2008, judges in Sharia economic dispute cases primarily relied on legal sources from kutub al-turāṡ (classical fiqh texts), including those pertaining to fiqh al-qadā’ (jurisprudence on adjudication). However, following the implementation of this regulation, some judges have continued to incorporate the Civil Code in their legal reasoning. This article seeks to examine the legal framework for resolving Sharia economic disputes in Indonesia. The theoretical foundation applied by the author is Lawrence Meir Friedman’s legal system theory. This study employs a normative legal approach to explore the legal system governing Sharia economic justice in Indonesia’s Religious Courts. It examines decisions from the Religious Courts in Purbalingga, Banyumas, and Purwokerto, focusing on rulings made both before and after the issuance of the Supreme Court Regulation on the Compilation of Sharia Economic Law (KHES), as well as five decisions from 2018-2019. The study’s findings reveal that the legal framework for Sharia economic dispute resolution in Indonesia has adequately addressed community needs, with the Religious Courts holding exclusive jurisdiction over these matters. However, there is an ongoing contestation between Islamic legal sources and civil law, which is rooted in Dutch law, in the decisions analyzed. Moreover, the absence of a Compilation of Islamic Economic Procedure Law based on Islamic Law has contributed to the suboptimal implementation of legal substance and culture. As a result, according to Friedman’s legal system theory, the legal framework for resolving Islamic economic disputes has not yet functioned effectively from the perspective of Islamic law.

None Hasanudin

None Kamsi

Ahmad Yani Anshori

The Contestation of Legal Foundations in the Resolution of Islamic Economic Disputes in Religious Courts

宗教法庭解决伊斯兰经济纠纷中的法律基础之争

涉及主题	islamic law studiesislamic law
出版信息	出版商: Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto，出版周期: ，期刊类型: journal，开源期刊: 是
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Al-Manahij: Jurnal Kajian Hukum Islam

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Legal Culture and the Dynamics of Religious Interaction in Ritual Practices among Interfaith Marriage

Legal Authority and Marital Identity: A Study on the Kalosara Tradition of the Tolaki People in Southeast Sulawesi

Economic and Legal Dimensions of Collateral Existence in Modern Mudhârabah Contracts: Understanding the Relationship between Risk Management, National Law, and Contemporary Fiqh

The Zakat Management Legal Conflict of the Prismatic Society in Central Kalimantan

Gender Equality in Islamic Inheritance Law: Rereading Muhammad Shahrur’s Thought

Legal Culture and the Dynamics of Religious Interaction in Ritual Practices among Interfaith Marriage

Legal Authority and Marital Identity: A Study on the Kalosara Tradition of the Tolaki People in Southeast Sulawesi

Theft in the Family Context: An Analysis of Article 367 of the Criminal Code and its Application in Indonesia

Reevaluating the Legal Status of Monosodium Glutamate Consumption: The Indonesian Ulema Council’s Fatwas and Maqāṣid al-Sharī’ah

The Contestation of Legal Foundations in the Resolution of Islamic Economic Disputes in Religious Courts