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INDONESIA
Al-Maslahah
ISSN : 19070233     EISSN : 25028367     DOI : -
Core Subject : Religion, Economy,
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 144 Documents
PERKAWINAN BEDA AGAMA PERSPEKTIF NAHDLATUL ULAMA DAN MUHAMMADIYAH Zahro, Fatimatuz
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.v20i1.2510

Abstract

Interfaith marriage is one of the topics in the realm of family law that is often discussed from time to time. This topic is important to discuss because it still often occurs in a plural society with various dynamics. Many scholars are of the opinion that interfaith marriage is haram or prohibited. This paper focuses on the study of interfaith marriage from the perspectives of Nahdlatul Ulama and Muhammadiyah. Nahdlatul Ulama and Muhammadiyah are the two most dominant religious organisations in Indonesia. NU is known for its tolerance towards traditions in Indonesia and Muhammadiyah is known for its purification of Islam in the world of education. This research is a library research whose primary data source is the book Bahtsul Masail and Tarjih Muhammadiyah, while secondary sources include books, journals, articles relevant to the topic discussed. The results of this study show that NU and Muhammadiyah forbid interfaith marriage because it will cause harm. NU and Muhammadiyah have different legal foundations. NU based its legal determination on the Qur'an, hadith, and ijma' of scholars, as well as classical books. In addition, the legal istinbath method used by NU is the qauli, ilhaqi, manhaji method. Meanwhile, Muhammadiyah is based on the Qur'an and hadith. The methods used by Muhammadiyah are ijma', qiyas, maslahah mursalah.
SIGHAT TA’LIQ PERNIKAHAN DALAM PENYELESAIAN KONFLIK RUMAH TANGGA DI DESA LOLO HILIR KECAMATAN BUKIT KERMAN PERSPEKTIF KOMPILASI HUKUM ISLAM (KHI) DI INDONESIA Ningsih, Annisa Sri Ayu
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.v20i1.2294

Abstract

This research examines the role of Sighat Ta’liq in resolving domestic conflicts in Lolo Hilir Village, Bukit Kerman Sub-district from the perspective of the Compilation of Islamic Law (KHI) in Indonesia. The research findings reveal that the factors that cause violations of Sighat Ta’liq in the village include husbands who leave their wives, do not provide mandatory maintenance, hurt their wives, and leave their wives in trouble. The reasons for divorce submitted by informants who violate Sighat Ta’liq vary, with one of the main causes being a lack of education about marriage, which can trigger conflicts related to the violation. Nevertheless, many residents who committed the offence did not apply for divorce in court, citing financial constraints, long distances, and ignorance of court procedures and Sighat Ta’liq. The resolution of domestic conflicts in this village is mostly done through marriage guidance by penghulu and religious extension workers, which involves individual and group counselling approaches, as well as religious counselling to the community. The method used in this research is normative empirical, which combines normative legal analysis with empirical data obtained in the field. This study concludes that an increased understanding of the Sighat Ta’liq and marriage education is essential to prevent violations and resolve household conflicts effectively.
DIFFERENCES BETWEEN NAHDLATUL ULAMA AND MUHAMMADIYAHIN THE APPLICATION OF THE WILAYATUL HUKMI MATLAK TO THE DETERMINATION OF THE BEGINNING OF THE MONTH OF RAMADAN Yandi, Akmal
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.v20i1.2857

Abstract

Determining the start of the month of Ramadan is an aspect of differences among large mass organizations in Indonesia, namely Nahdlatul Ulama (NU) and Muhammadiyah, where this determination is very urgent, because it concerns the issue of obligatory worship for every Muslim. This research aims to further explore conflict among the community and find out the methods used by Nahdlatul Ulama (NU) and Muhammadiyah (Majelis Tarjih) in determining the start of the month of Ramadan, especially in the application of matlak and wilayatul hukmi. The method used in this research is library research, while the main objects are journals and library books related to this research. The results of this research are: Nahdlatul Ulama is of the opinion that to determine the beginning of the month, especially those related to worship such as (the beginning of Ramadan, Shawwal, and Zulhijah), the concept of matlak wilayatul hukmi is used, which is the basis of rukyatul hilal bil fi'li, namely seeing the new moon directly in the field. In order to create togetherness in determining and starting the beginning of the month in a government. Meanwhile, Muhammadiyah, through the highest council and the central leadership of Muhammadiyah, determines the start of the month, namely by using the actual reckoning method for the shape of the hilal, namely determining the start of the month if three criteria are met. Firstly, ijtimak (conjunction) has occurred, secondly, ijtimak has occurred before sunset, and thirdly, when the sun sets, the sun is accompanied by the moon above the horizon (a new moon has appeared). And Muhammadiyah uses fundamental thinking in calculating the shape of the new moon that it uses.
TRADISI KROMOJATI DALAM PERNIKAHAN PERSPEKTIF MASLAHAH MURSALAH Mutammimah, Bidayatul; Saiban, Kasuwi
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.v20i1.2769

Abstract

The Kromojati tradition in Gunung Kidul contains elements of benefit, both for husband and wife, for the community, and environmental preservation. The purpose of writing this article is to explain the Kromojati tradition in marriage in terms of the maslahah mursalah method. So that it can be analyzed the benefits that exist in this tradition. This research method uses a qualitative descriptive approach to explore the Kromojati tradition in marriage by analyzing the maslahah mursalah method. There are three research results in this article: [1] the Kromojati tradition is a requirement for the bride and groom who will enter into a marriage contract to bring ten teak seedlings, five of the seedlings are used as a means for conservation, and the other five seeds are intended for investment. [2] maslahah mursalah is maslahah that is not legal and is not opposed by the Shari'a but is supported by several arguments that show its benefit and do not cause real damage. [3] the form of benefit contained in the Kromojati tradition can be analyzed from the objectives and impacts that occur. From the objective aspect, the benefit that is born is environmental conservation and investment for the newlyweds. Meanwhile, from the aspect of impact, the benefit lies in increasing public awareness to preserve the environment, there is a balance between preserving the environment and saving for the bride and groom and the community so that it can be used as buildings that can develop advanced villages.
ISLAMIC LAW AND SOCIAL UNITY IN A PLURAL SOCIETY AN INTEGRATIVE APPROACH BASED ON MAQĀṢID Malik, Ridwan; Kurniati, Kurniati; Budiarti, Budiarti
Al-Maslahah : Jurnal Ilmu Syariah Vol 21, No 1 (2025)
Publisher : Fakultas Syariah (Syari'ah Faculty )

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-maslahah.v21i1.3787

Abstract

In a pluralistic Muslim society like Indonesia, Islamic law often faces challenges in fulfilling its integrative role amid religious, cultural, and ethnic diversity. This study aims to explore the potential of Islamic law as an integrative instrument in achieving social unity through the maqāṣid al-sharīʿah approach. The method employed is qualitative research based on library study, with a focus on content analysis of classical and contemporary texts, as well as legal documents and public policy. The findings reveal that maqāṣid al-sharīʿah provides a conceptual framework that enables Islamic law to function not only as a normative system but also as a contextual and inclusive public ethic. This approach promotes legal interpretations oriented toward public benefit (maṣlaḥah), substantive justice, and the protection of vulnerable groups. Moreover, the concepts of fiqh al-waqi’ and fiqh al-ta‘āyush have proven effective in bridging religious norms with social dynamics, particularly through forums such as FKUB and the active roles of religious and traditional leaders. The findings also show that education based on fiqh al-akhlāq al-ijtimāʿiyyah and public policies applying the principle of al-maṣlaḥah al-ʿāmmah can sustainably strengthen social cohesion. This study concludes that an integrative approach based on maqāṣid is a viable alternative solution for building social unity without sacrificing diversity.
ANALISIS MAQOSIDUS SYARIAH IMAM AS-SYATIBI DALAM MODEL FILANTROPI KOIN NU UNTUK PEMBERDAYAAN EKONOMI MASYARAKAT Amin, M. Zaki; Rizal, Ahmad
Al-Maslahah : Jurnal Ilmu Syariah Vol 21, No 1 (2025)
Publisher : Fakultas Syariah (Syari'ah Faculty )

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-maslahah.v21i1.2871

Abstract

LAZISNU is paving the way for lower and middle class people who want to give alms through the NU Coin scheme. With the NU Coin program, they can still make donations without any objections because people can make small donations. The purpose of this research is to analyze the philanthropic model of people's economic empowerment in Koin NU through the description of Imam Syatibi's Maqāṣid Al-Sharīʿah. The research method used is a qualitative descriptive analysis approach. Sampling was conducted in several villages in Krezingan Subdistrict and at the LAZIZNU (Lembaga Amil Zakat and Sedekah NU) office in Krezingan Subdistrict. The management of NU Coins to improve community welfare is carried out by LAZIZNU Krejengan District, namely: collection of Infaq funds through NU Coins, data collection of Mustahik Infaq who are entitled to receive assistance, and finally the process of distributing Infaq in various forms. financial / economic assistance for the poor Empowerment provides financing. The management of NU coins at LAZIZNU Krejengan District is also in line with the concept of Maqashid Shari'ah because it contains an element of welfare in the form of economic empowerment.
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.
Analysis of Mut'ah Marriage Hadith from Sunni & Shia Perspective Hasyim, Badruzzaman; Ramadhita, Ramadhita
Al-Maslahah : Jurnal Ilmu Syariah Vol 21, No 1 (2025)
Publisher : Fakultas Syariah (Syari'ah Faculty )

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-maslahah.v21i1.2805

Abstract

In Islam, marriage is considered as a strong bond between a man and a woman which aims to form a stable and lasting family as well as Sakinah, mawaddah, and rahmah. This marriage is considered as a valid contract between the two parties and has clear rules and obligations. However, opinions regarding mut'ah marriage differ among Islamic scholars and schools of thought. Some scholars hold that mut'a marriage is a permissible practice under certain circumstances, while others strictly prohibit it. This research is library research, this research is classified as qualitative research and to combine Sunni and Shia opinions, a comparative method is used. The results of this study are that the Sunnis agree that the law of mutah marriage is unlawful, while the Shiites argue that the law of mutah marriage is halal. This legal difference occurs because of differences in the interpretation of the hadiths they use in hujjah. Both Sunnis and Shiites have hadiths that strengthen their respective arguments.
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.
MANAJEMEN RISIKO BANK WAKAF MIKRO (BWM) DAN KEMUNGKINAN PENGEMBANGAN MODEL BERBASIS SYARIAH DI INDONESIA Rasiam, Rasiam
Al-Maslahah : Jurnal Ilmu Syariah Vol 21, No 1 (2025)
Publisher : Fakultas Syariah (Syari'ah Faculty )

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-maslahah.v21i1.2551

Abstract

The purpose of this study is to analyze the risk of Micro Waqf Bank (BWM) in terms of legal and operational risks. This research method is descriptive with a qualitative approach. This type of research is a case study, namely the practice of Micro Waqf Banks in Indonesia. In addition, this study also examines the literature related to the legal basis of Micro Waqf Banks (BWM). Finding; First; Micro Waqf Banks (BWM) in Indonesia face legal risks that are very crucial and cannot be ignored. The existence of regulatory dualism regarding Micro Waqf Banks as Islamic Microfinance Institutions (LKMS) with cooperative legal entities, is regulated in Law Number 17 of 2012 concerning Cooperatives and Law Number 1 of 2013 concerning Microfinance Institutions. This dualism in the regulation of Micro Waqf Banks results in disharmony or overlapping of arrangements regarding establishment and licensing, guidance, supervision, inspection and evaluation. This dualism of the legal basis will definitely complicate the operational management of BWM going forward. Second; management risk lies in the small and less qualified human resources. The Islamic boarding schools that are entrusted with managing the revolving of BUMN CSR funds have not been optimally trained and have not had experience so far. Third; The models that allow it to be developed are syirkah and ijarah models. This model is more flexible and far more productive, in terms of sharia it is safe because it has been issued directly by the Indonesian Ulema Council (MUI). This means that the halal syirkah and ijrah products have received legality from the authorities.