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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 21, No 2 (2025)" : 5 Documents clear
IJTIHAD YUSUF AL-QARADHAWI: Kebolehan Aborsi Sebagai Solusi Bagi Korban Perkosaan Ulya, Azma; Firdaus, Firdaus; Hidayat, Rahmat
Al-Maslahah : Jurnal Ilmu Syariah Vol 21, No 2 (2025)
Publisher : Fakultas Syariah (Syari'ah Faculty )

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-maslahah.v21i2.3370

Abstract

This article analyzes Sheikh Yusuf al-Qaradhawi's ijtihād method regarding the permissibility of abortion for rape victims. The research method used in this study is a literature study using qualitative analysis of the fatwa of Sheikh Yusuf al-Qaradhawi and related documents. In the Qur'an and hadith there is no text that allows abortion, but according to Sheikh Yusuf al-Qaradhawi abortion due to rape is permissible if the udzur is getting stronger then the rukhsah is more clear and if it happens before the age of forty days, then that is closer to rukhsoh (permissibility). The purpose of the rukhsah is to eliminate the harm that occurs to the pregnant woman.
Maqashid Syari'ah dalam Istinbath Hukum Al'Ula, Moh. Firdaus Faiz; Kholik, Jamaludin Acmad
Al-Maslahah : Jurnal Ilmu Syariah Vol 21, No 2 (2025)
Publisher : Fakultas Syariah (Syari'ah Faculty )

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-maslahah.v21i2.3376

Abstract

Maqāshīd Shari'ah represents a significant component of ushul fiqh, functioning as a principal reference point for the formulation of Islamic legal principles. This article presents a discussion of the concept, division, and role of Maqashid Shari'ah in the process of istinbath law. The prioritization of benefit and avoidance of harm that characterizes maqāshīd leads to the identification of five main objectives: the protection of religion, the soul, the mind, the offspring, and property. The levels of Maqashid Shari'ah are classified into three categories: daruriyat (primary), hajiyat (secondary), and tahsiniyat (supplementary). These categories serve to prioritize needs in the context of legal conflicts. The process of Ijtihād is elucidated through the ta'lili and istislahi approaches, which facilitate the continued relevance of Islamic law in contemporary contexts. The article underscores the necessity for mujtahids to possess a profound comprehension of Maqashid Shari'ah in order to develop legal frameworks that are not only sharī'ah-compliant but also capable of addressing the demands of modern society. Through this analysis, the article posits that the maqashid approach renders Islamic law a malleable system that is adaptable to social changes.
ANALISIS HUKUM TERHADAP PUTUSAN NOMOR 5056/Pdt.G/2019/PA.Clp TENTANG ISBAT NIKAH POLIGAMI LIAR Haryono, Masadi; Bahar, Mukhlis; Azwar, Zainal
Al-Maslahah : Jurnal Ilmu Syariah Vol 21, No 2 (2025)
Publisher : Fakultas Syariah (Syari'ah Faculty )

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-maslahah.v21i2.3386

Abstract

This article analyses Cilacap Religious Court Decision Number 5056/Pdt.G/2019/PA.Clp regarding isbat nikah for illegal polygamy. This research aims to identify the basis of legal considerations used by the panel of judges in deciding the case and the implications of this decision on the legal status of marriage and children. the legal status of the marriage and the children resulting from the marriage. marriage. The method used is a normative juridical approach with qualitative analysis, referring to laws and regulations. qualitative analysis, referring to legislation and principles of Islamic law. The results showed that the panel of judges granted the application for isbat nikah on the grounds that the polygamous marriage had met the legal requirements according to Islamic law and for the sake of has fulfilled the legal requirements according to Islamic law and for the benefit and protection of children's nasab. protection of children's nasab. However, this decision also raises questions regarding compliance with the provisions of SEMA No. 3/2018 which regulates polygamy without court permission. on polygamy without court permission. As such, this article provides insight into the dynamics of family law in the context of polygamy in Indonesia and the importance of enforcing legal provisions to protect the rights of all parties involved.
IMPLIKASI FIKIH DAN KONVENSI HAK ANAK DALAM PENETAPAN USIA NIKAH: STUDI HUKUM POSITIF INDONESIA DAN NEGARA-NEGARA TIMUR TENGAH Ulum, Moh. Rafiqil
Al-Maslahah : Jurnal Ilmu Syariah Vol 21, No 2 (2025)
Publisher : Fakultas Syariah (Syari'ah Faculty )

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-maslahah.v21i2.3435

Abstract

The age of marriage is an important global issue in the protection of children's rights, with states setting a minimum age of marriage to prevent the negative impacts of early marriage. In Muslim-majority countries, Islamic law or fiqh influences marriage policy, with age variations depending on the interpretation of the sect. While many countries have ratified the Convention on the Rights of the Child (CRC), challenges in balancing religious norms with international obligations remain. This research aims to understand the implications of fiqh and the CRC in setting the age of marriage in Indonesia and Middle Eastern countries and explain the harmonization or tension between the two, using normative methods and a qualitative analysis of literature. This research shows that fiqh with its various madhhabs provides guidance on the age of marriage that considers the physical, mental and emotional maturity of individuals, for example Hanafi sets 18 years for men and 17 years for women, Maliki sets 18 years for both sexes, while Syafii and Hanbali view 15 years as the minimum age. On the other hand, the Convention on the Rights of the Child (CRC) pushes the minimum age of marriage at 18 to protect children's rights from early marriage. In Indonesia, the revision of the Marriage Law from 1974 to Law No. 16 of 2019 sets the minimum age at 19 years, reflecting a commitment to children's rights and harmonization between Islamic law, national law and international standards. Middle Eastern countries such as Saudi Arabia, Egypt, Pakistan and Bahrain also set the minimum age at 18, demonstrating efforts to conform to the CRC and improve the welfare of children.
Pengesahan Pernikahan Fasid Dalam Rangka Perceraian: Studi Analisis atas Putusan Pengadilan Agama Padang No. 379/Pdt.G/2023/PA.Pdg Afrizal, Afrizal; Salma, Salma; Efrinaldi, Efrinaldi; Elfia, Elfia
Al-Maslahah : Jurnal Ilmu Syariah Vol 21, No 2 (2025)
Publisher : Fakultas Syariah (Syari'ah Faculty )

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-maslahah.v21i2.3105

Abstract

This research aims to analyze the Decision of the Padang Religious Court Number 379/Pdt.G/2023/PA.Pdg which rejected a wife's (plaintiff) divorce suit because the plaintiff was deemed unable to prove the existence of a legal marriage between the plaintiff and the defendant which was carried out under the hand (sirri ). The focus of this research is to find out the basis for the court's considerations in making a decision and to find out whether the decision fulfills a sense of justice for the plaintiff. Researchers use qualitative analysis methods using a normative juridical approach. The results of the research show that the court's most basic consideration in deciding this case was that the marriage of the plaintiff and defendant did not meet the harmony and requirements of marriage in Islam. Even though the marriage was carried out by a marriage guardian, the plaintiff's marriage guardian was not a legal guardian, so the court was of the opinion that the request for legalization of the marriage between the plaintiff and the defendant was not proven, so the plaintiff's divorce claim was rejected because there is no divorce without marriage. After conducting research, decision number 379/Pdt.G/2023/PA.Pdg was deemed not to provide justice and a solution to the chaos in the plaintiff and defendant's household, at least felt by the plaintiff as a wife. The plaintiff was unable to get out of a marriage which he considered to be a broken marriage because the marriage conditions were not met, while the plaintiff and the defendant had actually been together like husband and wife for 15 years without being questioned by anyone else and had also been blessed with two children.

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