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All Journal Al-Ihkam: Jurnal Hukum dan Pranata Sosial El-Qist : Journal of Islamic Economics and Business (JIEB)
Lailatul Maufiroh
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Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences

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Waqf Land in Madura; Its Management and Typical Dispute Resolution Rudy Haryanto; Lailatul Maufiroh; Sulaiman, Sulaiman Hasan
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 18 No. 2 (2023)
Publisher : Faculty of Sharia IAIN Madura collaboration with The Islamic Law Researcher Association (APHI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/al-lhkam.v18i2.7570

Abstract

The abundant waqf practice does not always come with good management which leads to the emergence of conflicts. Conflicts over waqf land are easy to find, including those that occurred in Pangereman Village, Ketapang District, Sampang Regency, East Java Province. This research aims to explore the waqf land practice and management, the conflict or dispute, and its resolution according to Islamic and Indonesian positive law. The method used is descriptive qualitative by connecting the theories and problems of Islamic and Indonesian positive law. Data was obtained through observation and in-depth interviews with nāẓir, wāqif, wariṡah wāqif, village heads, and religious figures. Researchers also observed the situation of the village and the current condition of the conflict. The results of this research are: 1) the waqf land practices had occurred in a cultural way and the village government is the one who manages it; 2) the conflict was due to the absence of waqf transaction official note while the waqf land was not used anymore. This situation led to the heir of wāqif wanted to take the waqf land back; 3) Conflict resolution through traditional ways (deliberation and mediation) was proved to be effective. The role of kiai as a trustworthy one did matter. Although the litigation way was not used, it showed the same spirit as what Indonesian positive law coveys about conflict resolution.
Perilaku Konsumen: Utility Versus Maṣlaḥah sebagai Rasionalitas dalam Ekonomi Islam Fadllan, Fadllan; Lailatul Maufiroh
El-Qist: Journal of Islamic Economics and Business (JIEB) Vol. 14 No. 1 (2024): April
Publisher : Islamic Economics Department, Faculty of Islamic Economics and Business, Sunan Ampel State Islamic University, Surabaya Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/elqist.2024.14.1.33-47

Abstract

This study explores the conceptual distinction between utility and Maṣlaḥah as competing foundations of consumer rationality within Islamic economics. Through an extensive library-based analysis of classical and contemporary literature, the research investigates whether consumption is driven by needs (ḥājah) or desires (raghbah), and how these motivations align with the objectives of conventional versus Islamic economic systems. Findings reveal that while utility emphasizes subjective satisfaction based on individual preferences, Maṣlaḥah offers a more objective, ethical, and purpose-driven approach grounded in the maqāṣid al-sharīʿah. The study highlights that Maṣlaḥah-oriented consumption incorporates both material benefit and spiritual blessing, thus promoting social welfare and moral responsibility beyond individualistic gain. This contrast underscores the epistemological divergence between Islamic and neoclassical economic paradigms in conceptualizing rational behavior. The specific contribution of this study to the international research field lies in its critical reevaluation of rationality in consumer behavior by integrating the normative framework of Maṣlaḥah as an alternative to utilitarianism. It contributes to global scholarship by advancing Islamic economics beyond jurisprudential foundations into behavioral and philosophical dimensions, enriching comparative discourse in economic theory, ethics, and public policy. The research encourages rethinking consumption beyond mere satisfaction, offering a holistic model that integrates ethics, social justice, and sustainable well-being.
Co-Authors Fadllan Fadllan Rudy Haryanto Sulaiman, Sulaiman Hasan