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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.
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Articles 6 Documents
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Search results for , issue "Vol 18, No 1 (2022)" : 6 Documents clear
PEMBAGIAN WARIS BILATERAL MASYARAKAT MELAYU SAMBAS DAN RELEVANSINYA DALAM TEORI MASLAHAH MURSALAH Rizki Pangestu
Al-Maslahah : Jurnal Ilmu Syariah Vol 18, No 1 (2022)
Publisher : Fakultas Syariah (Syari'ah Faculty )

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-maslahah.v18i1.1844

Abstract

Abstract: The Legacy Distribution in Melayu Billateral and Its Relevance in Mashalah Mursalah Theory. With the existence of kinship system in Indonesia which generally divided into three system, patrilineal, matrilineal and bilateral. Therefore, differences occurred in provisions legacy distribution that implement in each system. In hereditary system of Melayu Sambas applied bilateral system, whereas each heir whether man or woman earn inheritance rights from its elder. The legacy distribution conducted by Sambas people practiced equal (1:1) especially between boy and girl. This research is a qualitative research using descriptive analytical method. This study analyze the legacy distribution of Melayu Sambas people and its relevance in mashalah mursalah theory, and what cause the distribution practiced 1:1 also these correlation distribution 1:1 alongside Islam law. Keywords: Billateral Heir, Legacy, Maslahah Mursalah. Abstrak: Pembagian waris Bilateral Melayu Sambas dan Relevansinya Dalam Teori Maslahah Mursalah. Adanya sistem kekerabatan yang ada di Indonesia yang secara umum terbagi menjadi tiga sistem, patrilineal, matrilineal dan bilateral maka terdapat perbedaan dalam ketentuan pembagian harta peninggalan yang berlaku bagi masing-masing sistem keturunan tersebut. Masyarakat Melayu Sambas dalam sistem keturunannya menganut sistem bilateral dimana setiap ahli waris baik laki-laki maupun perempuan mendapatkan hak warisan dari pewaris. Pembagian harta peninggalan yang di lakukan oleh masyarakat Sambas menerapkan sama rata (1:1) khususnya antara anak laki-laki dan perempuan. Penelitian ini adalah penelitian bersifat kualitiatif dengan menggunakan metode eksplanatoris. Tulisan ini menganalisis pembagian harta peninggalan masyarakat Melayu Sambas dan relevansinya dalam teori maslahah mursalah, dan mengapa pembagian yang dilakukan menerapkan 1:1 serta kolerasi pembagian 1:1 ini dengan hukum Islam. Kata Kunci: Pembagian, Maslahah Mursalah, Waris Bilateral,.
MEMBANGUN RUMAH TINGGAL SYARIAH: Sebuah Pendekatan Fikih Arsitektur Jefry Tarantang
Al-Maslahah : Jurnal Ilmu Syariah Vol 18, No 1 (2022)
Publisher : Fakultas Syariah (Syari'ah Faculty )

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-maslahah.v18i1.1531

Abstract

This paper discusses the construction of residential houses that are in accordance with sharia principles, both in the art and science of designing and making construction of buildings and residences, which are then called architectural fiqh. Apart from paying attention to architecture, housing construction must also pay attention to aspects of Islamic law. All this time, the study of architecture has focused more on Islamic architecture, but no one has studied architecture in the fiqh approach. So that through the fiqh approach a new study was initiated, namely fiqh architecture. The method used in this study is an empirical-normative method that analyzes qualitatively and prescriptive using the fiqh approach, conceptual approach and contextual approach to spatial architecture. The findings of this study indicate that the construction of houses so far only pay attention to aspects of architecture only, so the need for a fiqh and architecture approach (fiqh architecture), namely building houses in accordance with sharia signs such as aspects of worship, muamalah, neighboring manners and 'urf applicable in society. Through the approach of fiqh architecture, directing to build and maintain sharia dwellings that are in accordance with sharia maqashid, namely maintaining religion, soul, reason, descent, and property.
PENERAPAN KAIDAH “AL-IJTIHAD LA YANQUD BI AL-IJTIHAD” DALAM KASUS FIKIH Andi Muh. Taqiyuddin BN; Ahmad Arief; Marzuki Umar; Misbahuddin Misbahuddin; Sabri Samin
Al-Maslahah : Jurnal Ilmu Syariah Vol 18, No 1 (2022)
Publisher : Fakultas Syariah (Syari'ah Faculty )

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-maslahah.v18i1.1920

Abstract

This research is qualitative, the type of research is library research and uses a normative juridical approach. The data collection method used was a literature study. The results showed that; 1) The meaning of the rule (Ijtihad Does Not Cancel Other Ijtihad), namely the rule (Ijtihad Does Not Cancel Other Ijtihad) means that ijtihad cannot produce a product that has been implemented at a certain time and place, it cancels the legal product of an ijtihad result. at one time and another. 2) The validity of the principle (Ijtihad does not cancel other Ijtihad), namely the honesty of this principle can be seen from the existence of the arguments that legalize it. Starting from the hadith until then the consent of a friend, as we have stated, this can be noticed from a caliph 'Umar who did not annul or cancel his predecessor's opinion or ijtihad, namely Abu Bakr. 3) Implementation of the rule (Ijtihad does not cancel other Ijtihad), which can be seen from the examples in the literature that discuss al-Qawa'id al-Fiqhiyyah. This rule is valid as long as it does not violate or contradict the nas, consent, qiyas jaliy, the words of the 4 schools, and it is clear that the judge's error is the result of the law, cause, or method. Also, ijtihad must be equally strong, it cannot be just one of them, and finally, that the implementation of ijtihad has been legitimized by Fatwa or Qa ataupunā. So the implementation of this rule can be noticed in existing examples and this rule is not always able to be implemented or implemented, because several things have been mentioned regarding the exceptions regarding this rule.
SINTESIS TENTANG INTERAKSI HUKUM ISLAM DAN HUKUM ADAT PADA MASA KOLONIAL BELANDA Ichwan Ahnaz Alamudi
Al-Maslahah : Jurnal Ilmu Syariah Vol 18, No 1 (2022)
Publisher : Fakultas Syariah (Syari'ah Faculty )

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-maslahah.v18i1.2330

Abstract

This article is motivated by the Dutch legal political policy, which is known as the bamboo splitting policy which brings together face to face between customary law, Islamic law and Western law. The Dutch East Indies policy received a response from Muslims, because the Muslim community was actually in direct contact with practices as religious activities in the implementation of their teachings. This article uses a qualitative descriptive approach which is more specifically on historical aspects and uses bibliographic data sources and the type of data is secondary data. In this paper the author results that the interaction of Islamic law with customary law is described in a variety of forms. First, customary law can substantially be accepted by Islamic law as a whole, so that in the future it becomes Islamic law. Second, Islamic law has completely changed customary law, so that the validity of customary law does not apply to the next. Third, Islamic law allows customary law to apply without any effort to inhale it, this is sometimes found in the field of muamalah.Keywords: Dutch East Indies, Islamic Law, Customary Law.
KAJIAN SAINS PADA BENTUK BUMI UNTUK PENENTUAN ARAH KIBLAT Reza Akbar; Ahmad Izzuddin
Al-Maslahah : Jurnal Ilmu Syariah Vol 18, No 1 (2022)
Publisher : Fakultas Syariah (Syari'ah Faculty )

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-maslahah.v18i1.2337

Abstract

Popper proposed a controversial notion of the truth of a theory that cannot be supported by observational evidence. According to him, it is impossible for a theory makes so many predictions that come true as expected. If his notion is associated with visual evidence of the Earth that has been recognized as a truth then the consequences are the photographs and everything related to the compatibility between the observations and the initial hypothesis comes to be questionable. Popper has the same view with Kuhn about the meaning of the truth of science that will not be final but rather a conjecture. Kuhn also proposed the stages of how science works. Based on the study on the progres of science of the Earth’s shape using the notions of Popper and Kuhn, it appears that the scientific progress of the Earth’s shape has experienced ideal stages. However, its progress has exceeded the scientific limit of science, as well as it still contains some ridiculousnesses of verificational evidence. This confirms that it is important for practitioners to use an appropriate paradigm because the truth of science can never be achieved as an actual truth. In the determination of the direction of Qibla, until now we know some methods namely calculation using the formula of spherical trigonometry, Vincenty’s formula, and global rashdul Qibla. Each method holds its own paradigm that has weaknesses and advantages. This research includes into qualitative research with library research approach. The author suggests to use rashdul qibla.
THE CONCEPT OF MUDHARABAH CONTRACT AND ITS APPLICATION TO SHARIA SECURITIES CROWDFUNDING IN INDONESIA Muhammad Fahmi Akbar
Al-Maslahah : Jurnal Ilmu Syariah Vol 18, No 1 (2022)
Publisher : Fakultas Syariah (Syari'ah Faculty )

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-maslahah.v18i1.2310

Abstract

This article discusses the concept of the Mudharabah contract and its application to Sharia securities crowdfunding in Indonesia. The article has a discussion focus related to issues regarding Mudharabah which have developed both from the implementation and the provisions in it. The method used in this study is a descriptive method with a qualitative approach. The data sources used come from books, books, journals, the internet, and so on that are relevant to the subject matter. The results of the research in the article are: First, the majority of scholars define mudhrabah based on their own understanding which when the common thread is drawn that mudharabah is a cooperation contract between two parties in which one party gives his property to another party to be traded. Scholars agree on the permissibility of the mudharabah mutlaqoh contract but differ in opinion regarding the mudharabah muqayyadah which the Shafi'iyyah scholars and Maliki scholars consider invalid. The majority of scholars agree that the pillars of the mudharabah contract consist of 'aqidain, ma'qud and shighat akad Second, securities crowdfunding is a method of raising funds with a joint venture scheme carried out by business owners to start or develop their business and Sharia securities crowdfunding is crowdfunding of securities based on the principle of -Shariah principles. Third, the implementation of the mudharabah contract on Sharia securities crowdfunding in Indonesia has been carried out by several platforms, one of which is Shafiq which issues sukuk based on the mudharabah contract whose implementation is in harmony with the opinions of scholars, and the DSN-MUI fatwa.

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