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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 132 Documents
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HISTORISITAS PEMBARUAN HUKUM KELUARGA ISLAM DI SUDAN Lisnawati, Lisnawati
Al-Maslahah : Jurnal Ilmu Syariah Vol 19, No 2 (2023)
Publisher : Fakultas Syariah (Syari'ah Faculty )

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-maslahah.v19i2.2317

Abstract

The enforcement of Islamic law includes family law in Sudan has been changing frequently because political upheavals. The formation of the law in Sudan was influenced by the polemic of authority. The efforts to enforce the Islamic Law came from the military coup of 1989, since that the government has been dominated by a combination of military and people from Sudan's National Islamic Front (NIF). The regulatory reform of the Sudanese family is in the form of separate statutes of judges or Manṣūrāt al-Qaḍi al-Quḍat, on marriage, divorce, inheritance, and testaments. Then the Codification of The Personal Status Law for Muslims of 1991 (Family Law), becomes a very important role as a marks the transition of Family Law from the religious field to political field. In subsequent developments, a group of activists united against the concept of qawwama in this legislation, which is thought relegates women into secondary citizens, that’s specifically seen in two aspects: (1) Marriage contract and (2) Obedience in marriage. In 2005, the Comprehensive Peace Agreement stimulated another phase of women's activism and mobilization to reform family law, reformists within the government as well as activists outside of the government have had high hopes for major reform within a ranges of spheres, by introducing initiatives. However, in fact the reformation has not been realized.Keywords: Historicity, Family Law Reform, Sudan
WITNESSES OF DIFFABLE IN COURT BASED ON THE CONCEPT OF AHLIYAH IN ISLAM Maulana, Diky Faqih; Chabiba, Omiga; Rozak, Abdul
Al-Maslahah : Jurnal Ilmu Syariah Vol 19, No 2 (2023)
Publisher : Fakultas Syariah (Syari'ah Faculty )

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-maslahah.v19i2.1884

Abstract

This paper discusses the position of disabilities as witnesses in court. Where the requirements for a person to become a legal subject have legal competence and are considered mature. The concept of proficiency in Islam states that disability can be positioned as a barrier to proficiency, but it is different from Indonesian law which states that disability is a legal subject. This research is a qualitative research which is literature study. The results showed that the disability condition does not result in a loss of position as a legal subject as long as it does not involve limitations in testifying in court. Disability witnesses can be accepted if it meets the requirements as a legal subject. Disability witnesses also needs to be adjusted according to their abilities. However, if a doctor or psychiatrist considers matters regarding the weak ability of a person with a disability, the district court has the right to determine a person with a legal disability.
PROBLEMATIKA WAKTU SHALAT GERHANA YANG TERTUTUP MENDUNG Mahaendra, Ikhsan
Al-Maslahah : Jurnal Ilmu Syariah Vol 19, No 2 (2023)
Publisher : Fakultas Syariah (Syari'ah Faculty )

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-maslahah.v19i2.2238

Abstract

The Qur'an and hadith have explained eclipses, but not completely. The eclipse prayer can be performed if the eclipse is visible and its area is crossed by it, according to the underlying hadith. But not all days are sunny. There are times when clouds block the cloudy weather, so the eclipse cannot be seen. Ibnu Hajar al-Haitami is one of the scholars who discusses this. He stated that there were differences of opinion regarding the Eclipse Prayer. Therefore, the author provides an explanation of the laws of eclipse prayer, especially those related to how to perform the Sunnah eclipse prayer if the weather around the eclipse is cloudy or vice versa. In terms of conclusions, the scholars and Imams of the four schools of thought agree that performing the eclipse prayer is a sunnah mukaad and is prioritized to be done in congregation. However, priests differ on how to do it in congregation if a solar eclipse occurs, while a lunar eclipse is done individually. Ibnu Hajar Al-Haitami agrees with Imam Syafi'i regarding the law of carrying out the Eclipse Prayer, procedures, times, and other matters. He said that if the eclipse occurs before it is cloudy, then the eclipse prayer is still performed, but if it is cloudy from the beginning to the end of the eclipse, then it is not recommended to do it. 
TINJAUAN FIQH SIYASAH SYAR’IYYAH TERHADAP PERAN PEMIMPIN PEREMPUAN DALAM SISTEM KETATANEGARAAN DI KOTA MEDAN Hudafi, Hamsah; Hayati, Amal; Diningrum, Sekar Ayu; Rangkuti, Vira Mumtaz Utami
Al-Maslahah : Jurnal Ilmu Syariah Vol 19, No 2 (2023)
Publisher : Fakultas Syariah (Syari'ah Faculty )

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-maslahah.v19i2.2670

Abstract

Women are often be the target of public outrage. The role of women in society is not only as a development process, but also as a strong structural foundation. Leaders are people who rule over an area. Managers must have a leadership spirit when moving around the environment. The results of the study show that the Medan City Human Resources Service is dedicated to providing services and work policies that are in line with the vision and mission of the city of Medan, especially for electronic services that offer electronic support. Free electronic services are available from Feel in the center of Medan City to make it easier for the general public to get services that are timely, efficient and in accordance with Siyasah syar'iyyah quotes. It has value both in the world and in Islam.
IMPLEMENTASI SURAT EDARAN DIRJEN BIMAS No. P-005/ DJ. III/HK.00.7/10/2021 TENTANG IDDAH SUAMI (Studi Pada Kantor Urusan Agama di Kota Bandar Lampung) Teresa, Teresa; Firdawati, Linda; Zaelani, Abdul Qodir
Al-Maslahah : Jurnal Ilmu Syariah Vol 20, No 1 (2024)
Publisher : Fakultas Syariah (Syari'ah Faculty )

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-maslahah.v20i1.2984

Abstract

This study aims to determine whether the implementation of Circular Letter of the Director General of Bimas No. P-005/ DJ. III/HK.00.7/10/2021 concerning husband's iddah (Study at the Office of Religious Affairs in Bandar Lampung City) is effective. In addition to seeing the purpose of Director General of Religious Affairs Circular No. P-005/DG. III/HK.00.7/10/2021 in mubādalah. Problems regarding marriage are basically cases that continue to grow and become more complex. One of them is about the breakup of marriage which results in the implementation of iddah, whether iddah due to divorce or death. From several definitions put forward, the essence of iddah can be compiled, namely the period that must be waited for by a woman who has divorced from her husband so that she can remarry to find out whether her womb is clean or to carry out Allah's orders. Departing from the literature written by Religious Court judges, if a husband or man divorces his wife in the context of divorce raj'i then while the wife's iddah period is still ongoing the husband or man enters into a new marriage with another woman without the knowledge of the wife and family, then returns to refer to his wife before the wife's iddah period is over, this will certainly lead to legal fraud, namely illegal polygamy. This study uses descriptive analytical qualitative research. The form of implementation of the KUA in Bandar Lampung City regarding this circular letter is the prohibition to marry a husband whose wife's iddah period has not been completed in order to prevent polygamy in disguise to provide legal certainty, provide legal order and provide clarity to men who marry during the iddah period of a wife who is divorced raj'i. Speaking of male iddah in the concept of mubādalah, the concept of intermarriage itself does not aim to dominate one party and is not only about the relationship between two parties related to the spirit of partnership, cooperation, reciprocity, general or special relations.
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.

Page 13 of 14 | Total Record : 132

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