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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 5 Documents
 1 
Search results for , issue "Vol 20, No 2 (2024)" : 5 Documents clear
THE ROLE OF MARRIAGE COUNSELING IN STRENGTHENING MUSLIM FAMILY RESILIENCE: A FIQH MUNAKAHAT PERSPECTIVE Mansur, Rahmat
Al-Maslahah : Jurnal Ilmu Syariah Vol 20, No 2 (2024)
Publisher : Fakultas Syariah (Syari'ah Faculty )

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-maslahah.v20i2.3554

Abstract

Marriage in Islam is not just a bond between two individuals, but also a form of worship that has legal and social consequences. But as the times progress, many Muslim couples face challenges in their married lives and often end in divorce. One of the solutions that can be applied to maintain the integrity of the household is through fiqh munaqahat-based marriage consultation. This study analyzes the role and function of marriage consultation in the perspective of fiqh munaqahat and its implications for the resilience of Muslim families. Using a descriptive-qualitative approach, this study examines the urgency of marriage counseling in helping couples understand their rights and obligations, resolve domestic conflicts, and prevent divorce. The results of the study show that marriage consultation contributes to increasing the mental readiness of couples, strengthening communication, and providing solutions based on Islamic sharia in dealing with various household problems. Therefore, further efforts are needed to increase public awareness of the importance of marriage consultation and strengthen institutional support in the implementation of this program. 
PERAN ’URF SEBAGAI PENENTU HUKUM PERSPEKTIF SOSIOLOGI HUKUM ISLAM Syarif, Muhammad Isra; Misbahuddin, Misbahuddin; Lutfi, Mukhtar
Al-Maslahah : Jurnal Ilmu Syariah Vol 20, No 2 (2024)
Publisher : Fakultas Syariah (Syari'ah Faculty )

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-maslahah.v20i2.1923

Abstract

al-'Urf as a source of law has a role in social dynamics. al-'Urf can be used as a legal basis for certain conditions.  This research is qualitative research with the type of library research and uses a sociological normative approach method. The results of this research show that al-'Urf is what is considered good and right by humans in general and is done repeatedly so that it becomes a habit. al-'Urf is often equated with custom, but there is a difference, namely that the term custom only emphasizes the repetitive aspect of work, while al-'Urf only looks at the perpetrator. As for the similarities, adat and al-'Urf are work that has been accepted by common sense, embedded in the heart, carried out repeatedly and in accordance with the character of the perpetrator. al-‘Urf contributes to the flexibility of Islamic law and allows law to adapt to social changes without losing its fundamental values. This is in accordance with the fiqh rule "Al-'adah Muhakkamah" which means that customs can be the basis of law as long as they do not conflict with the Koran and hadith as well as the principles of justice.
KARAKTERISTIK DAN HAKIKAT FATWA DSN MUI NOMOR. 54/DSN-MUI/X/2006 TENTANG SYARIAH CARD SEBAGAI SOLUSI KREDIT BERMASALAH Hida, Ziyana Nur
Al-Maslahah : Jurnal Ilmu Syariah Vol 20, No 2 (2024)
Publisher : Fakultas Syariah (Syari'ah Faculty )

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-maslahah.v20i2.2301

Abstract

This article discusses the characteristics and nature of the fatwa of Sharia Economic Law in depth by discussing the solution to bad credit issued by the DSN-MUI. The need of the Muslim community for legal equivalence in economic transactions has led the Indonesian Ulema Council to formulate a special institution to jointly sharia the economy of the community and socialise the Islamic economy. This is proof that the conventional economy cannot fulfil the expectations of Muslims to be able to practice sharia in a kaffah manner in various aspects of life. The establishment of the National Sharia Council (DSN) as a special institution that focuses on issuing fatwas on Islamic economic law is a motivation for Muslims in transactions, fatwas based on the Qur'an sunnah and ijtihad of scholars are milestones that distinguish Islamic economic transactions and conventional economics. The role of world scholars in seeing the rules of a country is a scientific contribution, especially from the fatwa issued as a solution to bad credit. The majority of scholars oppose the fatwa because it is considered no different from usury jahiliyah. This research uses a descriptive analysis approach sourced from literature studies.
TINJAUAN MAQASID HUKUM PERKAWINAN ISLAM TERHADAP SYARAT POLIGAMI DALAM KOMPILASI HUKUM ISLAM DI INDONESIA Anugerah, Ghifari Fajar; Izzuddin, Ahmad; Saiban, Kasuwi
Al-Maslahah : Jurnal Ilmu Syariah Vol 20, No 2 (2024)
Publisher : Fakultas Syariah (Syari'ah Faculty )

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-maslahah.v20i2.2861

Abstract

Polygamy in the history of Islamic civilization represents one of the most crucial issues in sexual relations and continues to attract attention among Islamic scholars, particularly feminist thinkers. The debate surrounding polygamy is not only related to textual interpretation but also to its social implications and questions of gender justice, which have prompted Muslim-majority countries, including Indonesia, to establish specific regulations. In Indonesia, polygamy is regulated under Law Number 1 of 1974 on Marriage, Government Regulation Number 9 of 1975, and more comprehensively within the Compilation of Islamic Law (KHI). The KHI outlines several conditions that must be fulfilled, including court authorization, the consent of the existing wife, and the husband’s ability to ensure financial support and justice. This study aims to examine the conformity of these requirements with the maqāṣid al-sharī‘ah in the domain of family law, namely the objectives of Islamic law oriented toward justice and public welfare (maṣlaḥah). The research employs a library-based method by analyzing the regulation of polygamy in Indonesian marriage law and comparing it with the principles of the maqāṣid of Islamic marriage law. The findings indicate that the regulation of polygamy in the KHI encompasses the overall objectives of Islamic marriage law as articulated by Jamaluddin Athiyah. These objectives include maintaining harmonious relations between men and women, safeguarding and preserving lineage, fostering families built on sakīnah (tranquility), mawaddah (affection), and raḥmah (compassion), ensuring the clarity of descent, strengthening religiosity within the family, regulating harmonious familial relations, and guaranteeing financial stability. Thus, the stipulations regarding polygamy in the KHI are not designed to promote the practice widely, but rather serve as a restrictive mechanism intended to protect welfare and prevent harm within the institution of marriage.
HIWALAH SEBAGAI ALTERNATIF PENYELESAIAN SENGKETA UTANG PIUTANG: Studi Kasus di BTM Mulia Babat Lamongan Tohari, Chamim
Al-Maslahah : Jurnal Ilmu Syariah Vol 20, No 2 (2024)
Publisher : Fakultas Syariah (Syari'ah Faculty )

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-maslahah.v20i2.3841

Abstract

This study is motivated by the frequent occurrence of problems in financing contracts between customers and BTM Mulia Babat Lamongan, including unsustainable credit issues and defaults. As commonly believed, the emergence of a sharia-based economic system is expected to provide solutions to various economic challenges faced by the community. However, The existence of facts about the emergence of various problems in the implementation of hiwalah at BTM Mulia became the spark of the author's interest in conducting this research. This research aims to address the following questions: (1) What are the common issues arising from debt agreements at BTM Mulia? (2) How is the hiwalah contract implemented at BTM Mulia Babat as a solution to debt problems? (3) Does the implementation of the hiwalah contract at BTM Mulia Babat comply with Sharia Economic Law? This field research collects data directly from BTM Mulia and can be classified as empirical legal research. The study employs a descriptive qualitative approach with a deductive framework, focusing on the legal actions (tasarruf) involved in the implementation of hiwalah contracts at BTM Mulia. The findings of this study are as follows: Firstly, common problems in hiwalah implementation include customers failing to fulfill their contractual obligations, resulting in payment arrears or defaults. These issues stem from two main factors: the customer's economic condition and the customer's or debt collector's character. To address these problems, BTM Mulia follows these steps: (1) conducting regular billing, (2) issuing warning letters (SP 1, 2, and 3) if billing is ignored, (3) engaging in deliberation with the customer if there is no response, and (4) seeking resolution through the Religious Court if necessary. Secondly, BTM Mulia Babat implements hiwalah financing contracts in accordance with the terms and pillars outlined in Sharia Economic Law, specifically using the hiwalah bil ujroh contract. Thirdly, the implementation of hiwalah financing agreements at BTM Mulia Babat generally aligns with Sharia Economic Law, indicating that the institution's practices are largely compliant with sharia principles.

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