MADZAHIB https://jurnal.stisalmanar.ac.id/index.php/madzahib <p dir="ltr">Jurnal Madzahib is a scientific journal published by LPPM Sekolah Tinggi Ilmu Syariah (STIS) Al-Manar, serving as a platform for publishing research results and sharing developments in the field of comparative jurisprudence.</p> <p dir="ltr">This journal contains previously unpublished articles, including research findings or applied research, review articles related to the development of comparative jurisprudence, contemporary fiqh, issues in fiqh, and usul al-fiqh.</p> <p dir="ltr">Information regarding the guidelines for article writing and the article submission procedure is provided with each publication. All submitted articles undergo a peer-review process after meeting the requirements outlined in the article writing guidelines.</p> <p dir="ltr">The Fiqh and Usul al-Fiqh Journal is published every 6 months (twice a year) in May and November.</p> STIS Al-Manar en-US MADZAHIB 2655-1543 Tinjauan Hukum Islam terhadap Pelaksanaan Pemberian Bonus dalam Penjualan Langsung Berjenjang Syariah di PT. K-Link Nusantara Perspektif Fatwa DSN-MUI https://jurnal.stisalmanar.ac.id/index.php/madzahib/article/view/66 <p><em>The purpose of this research is to identify the practices of bonus distribution in the Sharia Multi-Level Marketing (MLM) system at PT K-Link Nusantara and to examine the implementation of bonus distribution from the perspective of Islamic law within the Sharia MLM framework at PT K-Link Nusantara, based on the DSN–MUI fatwa. This study uses a qualitative method. The collected data were processed through interviews and documentation, and the results were presented descriptively to portray legal conditions as social realities. The findings show that PT K-Link has implemented a compensation system based on actual product sales rather than merely recruiting new members. This aligns with sharia principles that emphasize real transactional objects and prohibit practices involving gharar, maysir, and riba. The type of contract underlying the bonus distribution at K-Link can be categorized as a ju‘ālah contract, which is a promise of reward for successfully achieving certain sales targets. This is considered valid according to Islamic law, as confirmed in the Qur’an, hadith, and scholarly opinions. The analysis of DSN-MUI Fatwa No. 75/DSN-MUI/VII/2009 indicates that the Sharia MLM system at PT K-Link Nusantara fulfills all general provisions, legal requirements, and contractual stipulations. The products being sold are real and halal, their prices are reasonable, bonuses and commissions are given based on actual performance, and there are no prohibited passive commissions.</em></p> Syakir Abdullatif Ahmad Tarmudli Copyright (c) 2025 MADZAHIB 2025-11-30 2025-11-30 1 1 1 14 Tinjauan Hukum Islam Terhadap Akad Simpan Pinjam https://jurnal.stisalmanar.ac.id/index.php/madzahib/article/view/67 <p><em>This study investigates the savings and loan practices of the Employee Cooperative of the Jakarta Capital Region (DKI Jakarta) Fire Department Sub-Agency, which operates under a conventional financial system incorporating elements of riba (usury). From the perspective of Islamic jurisprudence, riba is strictly prohibited, making this issue particularly relevant given that the majority of cooperative members are Muslims. This research employs a qualitative field-based approach, with data collected through direct observation, semi-structured interviews with cooperative management, and analysis of official cooperative documents and financial records. Supporting data were obtained through a review of relevant literature on Islamic finance and cooperative systems. Data analysis was conducted using a descriptive qualitative method, focusing on the systematic organization and interpretation of empirical findings. The results indicate that the cooperative’s savings and loan transactions involve predetermined interest charges and additional mandatory fees stipulated at the inception of the contract. These practices fall under the category of riba and are therefore inconsistent with Sharia-compliant financial principles. The study concludes that the current operational model of the cooperative does not meet the requirements of a Sharia-based cooperative and underscores the need for structural and contractual reforms to ensure compliance with Islamic law.</em></p> Helmon Bin Hoesien Abdul Kadir Abu Copyright (c) 2025 MADZAHIB 2025-11-30 2025-11-30 1 1 15 42 Porsi Amil Zakat (Studi Komparatif Pendapat Imam Nawawi dan Imam Ibn Qudamah) https://jurnal.stisalmanar.ac.id/index.php/madzahib/article/view/69 <p><em>Zakat management plays a strategic role in the economic empowerment of the Ummah; however, determining the portion for amil (zakat administrators) remains a subject of debate among jurists regarding whether it is a fixed portion ⅛ or a flexible wage based on workload. This study aims to analyze the similarities and differences between the views of Imam Nawawi and Imam Ibn Qudamah, as well as the legal foundations (dalil) they employ. Using a normative Islamic legal research method (library research) and descriptive-comparative analysis, the study finds that both scholars agree on two primary points: that amil are entitled to a proper wage for their services and that the authority (Imam) has the flexibility to determine the timing of the wage payment, whether at the beginning or at the end of the assignment.The differences lie in the technical depth of their explanations; Imam Nawawi provides more specific details regarding the forfeiture of amil rights if the position is vacant, wage adjustments based on actual workload, and mechanisms for addressing surpluses or deficits in zakat funds, whereas Imam Ibn Qudamah does not elaborate on these technicalities. Furthermore, their legal foundations differ; Imam Nawawi utilizes Hadith for the option of determining wages after the work is completed and Qiyas (analogy to Ijarah and Ju’alah contracts) for wages determined at the beginning. In contrast, Imam Ibn Qudamah relies solely on the Hadith narrated by Ibn as-Saidi regarding Caliph Umar bin Khattab's practice of providing wages after the task is fulfilled.</em></p> Syfa Fiona Rahmi Copyright (c) 2025 MADZAHIB 2025-11-30 2025-11-30 1 1 43 55 Tindak Pidana Pembunuhan Pembelaan Diri Perspektif Empat Madzhab https://jurnal.stisalmanar.ac.id/index.php/madzahib/article/view/70 <p><em>Based on the problem formulation, this study has two objectives, namely: 1) To determine the law on murder in self-defense from the perspective of the four madhhabs. 2) To determine the istinbath method of the four madhhabs in determining the law on murder in self-defense. This research is a library research. The research approach used is a normative Islamic law approach, which is legal research conducted by examining library materials related to the law on homicide in self-defense from the perspective of the four madhhabs. The conclusions of this study are: 1) The Hanafi school of thought states that self-defense is obligatory if an attack threatens one's life. The Maliki school of thought states that self-defense is obligatory but must be preceded by persuasive measures. The Shafi'i school of thought states that self-defense is obligatory if one is attacked by non-Muslims and animals. The Hanbali school of thought states that self-defense is permissible. 2) The legal basis used by the Hanafi school of thought is Surah al-Baqarah verse 195, the Maliki school of thought is based on Surah al-Hujurat verse 9, the Shafi'i school of thought is based on Surah al-Baqarah verse 190, and the Hanbali school of thought is based on Surah al-Baqarah verse 190.</em></p> Azim Multazim Abqar Ali Mahfud Copyright (c) 2025 MADZAHIB 2025-11-30 2025-11-30 1 1 56 66 Hukum Membaca Al-Qur’an bagi Wanita Haid dalam Perspektif Hukum Islam https://jurnal.stisalmanar.ac.id/index.php/madzahib/article/view/72 <p><em>The legal status of menstruating women reading the Qur’an remains a subject of debate between scholars who prohibit and those who permit it. This study aims to analyze the similarities and differences in the opinions of these two groups, as well as the scriptural foundations they use. Using a library research method with a comparative analysis approach, the results show that both groups actually acknowledge that there are no highly authentic narrations specifically prohibiting this act. The difference lies in their legal stance; the group that permits it relies on the principle of original permissibility, while the group that prohibits it prioritizes the principle of caution and physical purity. The evidence used by the group that permits it includes the existence of a natural excuse according to the Maliki Madzhab, the narration that the Prophet always remembered God in all conditions according to Imam Bukhari, and the Prophet's instructions to Aisha during the pilgrimage according to Syaikh Bin Baz. Meanwhile, the group that prohibits it bases its arguments on Chapter Al-Waqiah verse 79 and narrations about the necessity of purity according to Imam Nawawi, the principle of caution due to doubtful narrations according to Syaikh Al-Utsaimin, and the analogy comparing menstruation to a state of major ritual impurity according to Wahbah Az-Zuhaili. In conclusion, this difference arises from contrasting perspectives on providing ease of worship versus maintaining the sanctity of the Qur’an.</em></p> Yuli Rahmawati Hariyanto Copyright (c) 2025 MADZAHIB 2025-11-30 2025-11-30 1 1 67 78 Sadz Dzariah Dan Fath Dzariah (Analisis Penerapanya Pada Materi Hukum Keluarga) & Maqhasid Syariah Ijma (Analisis Penerapanya Pada Materi Hukum Keluarga) https://jurnal.stisalmanar.ac.id/index.php/madzahib/article/view/63 <p><em>This study aims to analyze the concepts of Sadd al-Dharī‘ah and Fath al-Dharī‘ah as well as Maqāṣid al-Sharī‘ah within the framework of ijmā‘ and their application in Islamic family law. Sadd al-Dharī‘ah represents a preventive approach in Islamic legislation that functions to block all means and possibilities leading to harm (mafsadah), whereas Fath al-Dharī‘ah constitutes a curative approach that opens pathways toward benefit (maṣlaḥah) when there are strong indications that such benefit can be achieved. Meanwhile, Maqāṣid al-Sharī‘ah, through scholarly consensus (ijmā‘), positions the objectives of Islamic law as the legal foundation for safeguarding religion, life, intellect, lineage, and property (al-ḍarūriyyāt al-khams), including within the domain of family life. The findings indicate that the application of Sadd al-Dharī‘ah in family law is reflected in efforts to prevent disputes and household breakdown through regulations on social boundaries, the obligation of financial maintenance, and the prohibition of actions that may potentially trigger familial conflict. Meanwhile, Fath al-Dharī‘ah plays a role in providing solutions for resolution and restoration when family conflicts have already occurred, such as the implementation of mediation, the regulation of child custody (ḥaḍānah), and the permissibility of divorce as a last resort in order to achieve greater overall benefit. The analysis further affirms that Maqāṣid al-Sharī‘ah based on ijmā‘ serves as both a philosophical and juridical foundation to ensure that every provision of family law operates in accordance with the principle of maṣlaḥah, whether through preventive or curative approaches. Thus, the integration of these three concepts demonstrates that Islamic family law is not solely oriented toward preserving the institution of marriage, but also toward protecting the rights and welfare of all family members through a balance between preventing harm and realizing benefit.</em></p> Rijal Muhammad Hakim Usep Saepullah Copyright (c) 2025 MADZAHIB 2025-11-30 2025-11-30 1 1 79 92