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INDONESIA
Al-Maslahah
Published by Institut Agama Islam Negeri Pontianak
ISSN : 19070233     EISSN : 25028367     DOI : -
Core Subject : Religion, Economy,
Religion Economics, Econometrics & Finance
Al-Maslahah (ISSN: 1907-0233, E.ISSN: 2502-8367) is a scientific journal in the fields of syari’ah that published by Syari’ah and Islamic Economic Faculty. Pontianak State Institute of Islamic Studies. This journal contains the masterpiece of professional writers and researchers. The vission of the journal is to be qualified Syari'ah journal either locally or internationally level. Meanwhile, the mission of Al-Maslahah is disseminating professional ideas of Syari'ah study to lectures, researcher, and those who have concern of this field. This journal warmly welcomes contribution from scholars and experts of related disciplines. Al-Maslahah is published biannually i.e. April and October.
Arjuna Subject : -
Articles 6 Documents
 1 
Search results for , issue "Vol 17, No 2 (2021)" : 6 Documents clear
KONSEP KEMASLAHATAN MAQĀṢĪḌ SYARĪAH IBNU ‘ASHUR TERHADAP PERMASALAHAN DI ERA MILENIAL: Polemik Kebijakan Lockdown dan PSBB Pemerintah Indonesia dalam Menangani Pandemi Covid-19 Inama Anusantari
Al-Maslahah : Jurnal Ilmu Syariah Vol 17, No 2 (2021)
Publisher : Fakultas Syariah (Syari'ah Faculty )

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-maslahah.v17i2.1936

Abstract

As a scholar, Ibn ‘Ashur a prolific scholar. One of this famous works is about Maqashid Syariah. Where in this heory contains the concept of mashlahah which is considered in accordance with the times. One of the problems in the millennial era that is being faced by the world community, especially Indonesia is the Covid-19 pandemic. To deal with the Covid-19 pandemic, the government has established a PSBB policy. It is not the lockdown policy tha most parties have been promoting. The purpose of this paper is to find out the concept of mashlahah in the theory maqashid syariah Ibnu ‘Ashur regarding the Covid-19 polemik of the Indonesian government’s lockdown and PSBB policies in the face of the Covid-19 pandemic. The method in this writing uses a research library that is deductive to analysis, where data is collected and then describes the data. Sources of data in this paper are in the form of scientific journals, books, online articles anda Indonesian Government Regulation related ti the theme. Data Collection techniques with documentation techniques. The results showed that in determining the benefit of law, Ibn ‘Ashur used a more philosophical approach. By examining the purpose of the legal text the looking for its arguments. In facing problems in the millennial are, the concept of kemashlahatan Ibn ‘Ashur’s maqashid sharia theory is still very relevant.
TRANSAKSI PINJAMAN PAY LATER PADA MARKETPLACE SHOPEE PADA PERSPEKTIF HUKUM EKONOMI ISLAM Eka Junila Saragih
Al-Maslahah : Jurnal Ilmu Syariah Vol 17, No 2 (2021)
Publisher : Fakultas Syariah (Syari'ah Faculty )

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-maslahah.v17i2.2023

Abstract

This article aims to examine the loan on the pay later feature provided by the shopee marketplace. Shopeepaylater provides assistance in the form of instant loans for users who want to buy the desired item. Loans provided cannot be cashed and can only be used at the shopee marketplace. To get a shopeepaylater loan limit, the user must meet the requirements set by Shopee. The nominal loan limit given to each user is different. The terms of the loan service provided are in the form of 1x installment/Buy now, pay later and in installments of 2 months, 3 months, 6 months and 12 months. This research uses an empirical method that is descriptive with a qualitative approach. The primary data source in this study were shopeepaylater users. Meanwhile, secondary data were obtained from related books and documents. The loan between the borrower and the shopee have met the pillars and qardh requirements. However, in determining the handling fee, the shopee sets the fee as a percentage. Based on the Fatwa of the National Syari'ah Council NO.19/DSNMUI/IV /2001 concerning Al-Qardh, does not allow handling or administration fees based on calculating a percentage of the amount of qardh funds given. There are differences opinion of credit practice to conclude, credit practices are not allowed as there is an additional price is usury, while usury is prohibited in islam. Some opinion that allow the credit practice is clear on the grounds of the akad. Because they observe from the general proposition that allows. As long as the additional price on the postponement is a fair and reasonable price, and there is no coercion both sides.
PERTIMBANGAN PUTUSAN HAKIM PERKARA HARTA BERSAMA NO.0233/PDT.G/2018/PA.TBH DI PENGADILAN AGAMA TEMBILAHAN Azmil Fauzi Fariska
Al-Maslahah : Jurnal Ilmu Syariah Vol 17, No 2 (2021)
Publisher : Fakultas Syariah (Syari'ah Faculty )

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-maslahah.v17i2.2024

Abstract

This research is motivated by the decision of the panel of judges at the Tembilahan Religious Court which decided the joint property case, the judge decided that the Plaintiff (husband) got 1/4 while the Defendant (wife) got 3/4 of the joint property, which the judge's decision is not in accordance with the KHI article 97. The results of the decision research are in accordance with the judge in deciding the case based on Legal Certainty (legal certainty) and Legal Justice (legal justice), legal certainty is what has been outlined by legislation, the Compilation of Islamic Law, such as this case according to legal certainty then the distribution is that the wife gets 1/2 and the husband gets 1/2 so if only this is applied rigidly in the case it will reduce the values of justice itself, thus the judge in determining this joint property case uses Legal Justice. Law). In Islam the concept of justice is to put something in its place, to give something that is rightfully his with a balanced level. During the marriage the Defendant (wife) was more dominant in earning a living and producing property, which then became the source for buying and renovating the house which is currently the object of dispute.
FIQH PERSPECTIVES ON HUMAN CORPSE IN CONTEMPORARY TIMES Meirison Meirison; Susilawati Susilawati; Zerly Nazar
Al-Maslahah : Jurnal Ilmu Syariah Vol 17, No 2 (2021)
Publisher : Fakultas Syariah (Syari'ah Faculty )

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-maslahah.v17i2.2034

Abstract

This article discusses some of the contemporary issues and challenges related to handling victims killed in contemporary armed conflicts and situations of violence and other natural disasters within the framework of international humanitarianism in a review of Islamic law. Forensic professionals face problems and challenges in contemporary Muslim contexts, cases, and law: mass burials, quick burials, exhumations, and autopsies. Contemporary scientific discoveries in intensive care units and the rise of industry, which aid in the successful transplantation of organs from cadavers, but reveal new problems from legal, humanitarian, ethical, and judicial perspectives: such as issues of determining the time of death, matters of life (or brain death), and boundaries artificial resuscitation limits, by conducting a literature study and a qualitative descriptive analysis approach, new problems were found in the handling of this corpse, namely, those related to a merciful death, how to injure corpses, the extent of a person's rights over his body after death, cloning of the dead, and so on. Other. These are all doctrinal and not medical matters. The final opinion on this matter is for the jurists; Because that is their specialty, and doctors' views on it are for clarification and reference only. The article concludes that both legal systems have established provisions designed to protect the dignity and respect of the dead and complement each other to achieve this protection in specific contexts and situations involving Muslim parties. Keywords: Human, corpse, fiqh, perspective,
KELUARGA BERENCANA PERSPEKTif FIQIH EMPAT MAZHAB: Studi Analisis Tentang Tahdid Al-Nasl dan Tandzim Al-Nasl Abdul Hakim; Imam Syafi'i
Al-Maslahah : Jurnal Ilmu Syariah Vol 17, No 2 (2021)
Publisher : Fakultas Syariah (Syari'ah Faculty )

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-maslahah.v17i2.1950

Abstract

Suggested have children is one of the main motivations in the process of marriage, for she is the successor relay struggle both parents in their life in the world and the Hereafter later. This is also confirmed by religion in the maqashid al-shari'ah (the main purpose of the Shari'ah), where one of the maqashid is hifz al-Nasl (keep offspring). In Indonesia, there is one program known as Family Planning. Action to tahdid and tandzim al-Nasl are applied with regard to three aspects, namely the purpose, objective aspects and aspects of the way or method. Then, based on the agreement of the scholars, either by using `practice coitus interruptus, drugs or other means. And based on the principles that need to be considered in the concept tahdid and tandzim al-Nasl, where the principles were the basis for the permissibility do tahdid and tandzim al-Nasl, in accordance with the limits set by the scholars'.
POLA PERKEMBANGAN NORMA DAN SANKSI SUAP DALAM FATWA MAJELIS ULAMA INDONESIA, NAHDLATUL ULAMA DAN MUHAMMADIYAH Rusdi Sulaiman; Sadulloh Muzammil
Al-Maslahah : Jurnal Ilmu Syariah Vol 17, No 2 (2021)
Publisher : Fakultas Syariah (Syari'ah Faculty )

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-maslahah.v17i2.1147

Abstract

This paper, through literature studies and historical and normative approaches, outlines the development of norms and risywah sanctions in the MUI, NU and Muhammadiyah Fatwas after bribery crimes are regulated by positive laws in Indonesia. As far as norms are concerned, the fatwas of the three institutions tend to follow historical patterns, continuing the classical norms of risywah. The construction of bribery norms in the third fatwa is inseparable from the identity they hold, namely the fatwa community that has the right to be protected normatively religiously (halal / haram) and practically. MUI identifies itself as an NGO, not the Mufti of the State, while NU and Muhammadiyah confirm themselves as community organizations. As for the bribery sanctions, the three institutions bring together the interests of the fatwa community and the government, recognize the rights and qualifications of the government to implement ta'zir, and identify themselves as citizens who comply with positive laws.

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