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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.
Arjuna Subject : -
Articles 132 Documents
NUSYŪZ DALAM TINJAUAN PRINSIP HAM Faiq Tobroni
Al-Maslahah : Jurnal Ilmu Syariah Vol 16, No 1 (2020)
Publisher : Fakultas Syariah (Syari'ah Faculty )

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-maslahah.v16i1.1783

Abstract

This paper aims to use human rights principles to reconsider nusyūz's arrangements in the Compilation of Islamic Law in Indonesian. This goal will be achieved by answering two questions, namely: what are the problems arising from the regulation of nusyūz? and why does the regulation need to be reviewed? This study uses a qualitative research method with a literature approach. Data obtained through documentation. This study found that the Compilation of Islamic Law actually narrowed the adoption of nusyūz only to wives, resulting in unequal relations which is gender biased. Shar'i arguments to expand the enactment of nusyūz can be obtained through a combination of An-Nisa 'Verses 34 and 128. In addition, it can be felt as a special paradigm of equality according to the human rights principles brought under Law 1/1974 and Law 32/2004. The concept of nusyūz which only applies to wives alone is a denial of the principle of equality in the concept of human rights, and also has weaknesses when juxtaposed with the concept of equality of husband and wife relations (Law 1/1974) and the concept of criminal liability that applies to both when doing violence (Law 32/2004).
KETERKAITAN KONSUMSI PRODUK BERLABEL HALAL DENGAN KETAATAN BERAGAMA Hatoli Hatoli
Al-Maslahah : Jurnal Ilmu Syariah Vol 16, No 1 (2020)
Publisher : Fakultas Syariah (Syari'ah Faculty )

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-maslahah.v16i1.1557

Abstract

Halal products are a moral and material necessity. For Muslims, morally the product does not violate the rules of halal and haram in carrying out religious orders. Materially, this halal product is universal not only for Muslim societies, but also for all societies regardless of differences given that halal products aim to provide comfort, safety and legal certainty in consuming them. The Indonesian Ulema Council (MUI) is the agency authorized to research and provide fatwa on the halal illegality of a product so that it makes consumers feel safe and comfortable using the product without worrying about fulfilling their religious orders. Then what about products without the halal label, given the halal certification that is voluntary. Are Muslim consumers who consume these products included in the category of disobeying religious orders? And what is the position of this in view of Islamic teachings and law that they believe in? This paper would like to describe the correlation of halal labeled products with one's obedience in religion using qualitative research methods that are descriptive in nature, and the type of approach used is the empirical sociological legal approach, which is guided by regulations, books or legal literature and materials that have a relationship with the problem and discussion in this paper. Halal certification of a product issued by MUI does not mean forbidding other products without a halal label but aims to provide legal certainty and quality of a product and provide various benefits that can be obtained if the manufacturer provides halal guarantees on its products. But there is a more explicit need behind it, namely the spiritual need that is trying to be lived in, namely obedience in fulfilling religious orders.
MAQASID SYARIAH DALAM WAKAF SAHAM Sitta 'Ala Arkham
Al-Maslahah : Jurnal Ilmu Syariah Vol 16, No 2 (2020)
Publisher : Fakultas Syariah (Syari'ah Faculty )

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-maslahah.v16i2.1752

Abstract

Maqasid Shariah of waqf is to provide the maximum benefit with remaining the object of waqf. In order, to provide greater benefits, development is needed in the management and object of the waqf itself. Waqf stock become one of the development models of object waqf. The spirit of waqf development should be accompanied by maintaining the purpose of waqf, the existence of waqf stock practice needs to be reviewed from maqasid shariah, so the waqf stock innovations remain in the corridor and do not deviate. There are two models of management in waqf stock, first; capital gain and dividen from stocks as waqf, secondly; the stock as an object of the waqaf itself. This paper is a qualitative study, using the maqasid shariah approach as method. The results showed that the first model is still in accordance with the maqasid shariah - this is attributed to the waqf money. The second model, still conforms to the maqasid shariah by extending its meaning to the immortality of the waqf object, from the former preserving the sum of the shares to the value of the stock, and the istibdal method of the second model.
IMPLEMENTASI PEMIKIRAN FIQIH PRIORITAS YUSUF AL-QARDHAWI SEBAGAI UPAYA MEMBANGUN KEBIJAKAN BERBASIS KEMANUSIAAN Ahmad Muhtadi Anshor; Muhammad Ngizzul Muttaqin
Al-Maslahah : Jurnal Ilmu Syariah Vol 16, No 1 (2020)
Publisher : Fakultas Syariah (Syari'ah Faculty )

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-maslahah.v16i1.1543

Abstract

As one group or individual who was given a special mandate by God to represent Him in the field of service to the interests of humanity, the government or the authorities certainly have a very heavy responsibility. On one side of God’s syari’ah and His provisions to create benefit for mankind and focus on the protection and special handling of the problems of the masses or problems of humanity. That is, the government as a representative of God, should have a policy that takes sides and prioritizes policies based on humanism. As a literature-based study and discussion of literature, this paper reveals a piece of ijtihad of a contemporary ulama’ Yusuf Qaradawi namely fiqh of priority. This study is very important for dissemination, looking at the problematics of government policy ideas that often override humanitarian problems, as well as the importance of using new analysis glasses in the form of studies based on Islamic law. So, this kind of study, can be used special considerations and add new treasures in contemporary Islamic legal thought.
PERBEDAAN AWAL WAKTU SHALAT DUNIA: Analisis Aplikasi Athan Tinjauan Terhadap Posisi Matahari dan Letak Geografis Hasanuddin Muhammad
Al-Maslahah : Jurnal Ilmu Syariah Vol 16, No 1 (2020)
Publisher : Fakultas Syariah (Syari'ah Faculty )

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-maslahah.v16i1.1130

Abstract

Changes in the position of the sun and the difference in places with old and long nights. There are interesting things to examine changes in the position of the sun and situation, to the differences in the beginning of world prayer time, by analyzing the schedules available at the application athan. This study sampled the methods of the Islamic Sciences of Karachi University, the method of Umm Al Qura Committee, the Egyptian General Authority of Survey method, the method of the Islamic Society of North America each of 3 (three) cities, the method of the World Muslim League 5 (five) total samples 17 city / country and sun position at 8 days. The problem studied is the large number of positions of the sun and the location of different places for the time used for various kinds of information and their use. The results showed that a significant initial number occurred when the sun's position was in the opposite direction (Sun) (June 22) and South backline (December 22), both for the disputed regions in the Northern Hemisphere or in the Southern Hemisphere and the position of the sun was more dominant compared to geographical location
TINJAUAN MAQASHID SYARIAH Al-SYATIBI TENTANG PERLINDUNGAN HUKUM UMKM DI MASA PANDEMI Rosiana Kholifah; Laili ‘Izza Syahriyati
Al-Maslahah : Jurnal Ilmu Syariah Vol 16, No 2 (2020)
Publisher : Fakultas Syariah (Syari'ah Faculty )

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-maslahah.v16i2.1833

Abstract

The purpose of this research is the protection of small, mid and medium Enterprise (SME) laws in pandemic where this pandemic affects many aspect, one of which is the economy. The economy as an important milestone in people's lives from small to large levels also has an important role in the State. Especially on the legal protection of SME in this pandemic period is urgently needed. As a badly affected SME business, the government is obliged to seek the welfare rights of SME, so that the Economic Activity of the State increases again. The guarantee of legal protection of SME during this pandemic is in accordance with the legislation or government regulations so that the role of SME is not weakened. This research is qualitative research using normative juridical approaches. The collection of data using books related to SME and Sharia Maqashid. The data is collected later with the concept of sharia maqashid Al-Syatibi. The results of the discussion show that economic activity will achieve significant benefits if it achieves the indicators in the Sharia maqashid al-Shatibi. First, the implementation of mental indicators (hifz Nafs) namely, the provision of facilities and assistance to resurrect the competitiveness capabilities of SME and property indicators (hifz mall) with the publication of Act Number 20 of 2008 year which specifically discusses about SME .
KARAKTERISTIK SUMBER FORMIL DAN MATERIL HUKUM ISLAM DI INDONESIA Rusdi Sulaiman
Al-Maslahah : Jurnal Ilmu Syariah Vol 16, No 1 (2020)
Publisher : Fakultas Syariah (Syari'ah Faculty )

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-maslahah.v16i1.1500

Abstract

This paper aims to recognize the characteristics of the source of islamic law as represented by muhammadiyah fatwas, NU and MUI. Based on data analyzed with the method of content analysis, this paper concludes that textuality, which has long been pinned to Islamic jurists, is the main characteristic of the source of islamic law of the three fatwa institutions. In the Qur'an and hadith, NU prioritizes textuality as understood by the scholars of the Shafi'i School, while Muhammadiyah prioritizes the makbulah-an hadith. In the use of reason (ra'yu), the characteristics of the source of Islamic law of the three institutions are collectivity (collective ijtihad and scientific authority (professionalism). The main characteristic of the material source of Islamic law of the three institutions is good. Social beliefs and/or social customs ('urf) are characteristic of the material sources of Islamic law identified in Muhammadiyah and NU Fatwas, while subjugation to official authorities is identified in NU and MUI Fatwas, or subjugation via 'urf qanuni ("positive law") in Muhammadiyah Fatwas.
MENTARJIH PENETAPAN NASAB ANAK ZINA KEPADA AYAH BIOLOGIS BERDASARKAN KONSEP ANAK DAN MAQSAD HIFZ AL-NASL Solihul Aminal Ma'mun
Al-Maslahah : Jurnal Ilmu Syariah Vol 16, No 2 (2020)
Publisher : Fakultas Syariah (Syari'ah Faculty )

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-maslahah.v16i2.1596

Abstract

Nasab is a bloodline that binds human relations with the father up, children down and sideways. Preservation of nasab including part of the favors of God that has been given to his servant. Because nasab is the basis for protecting people from damage, intricacy and forgery. In the order of Islamic rules nasab child is given to his father. The indication is that a father in Islam is burdened with the responsibility to provide the fulfillment of clothing, food and shelter for his child, or in the general sense a father is obliged to protect, nurture and be a role model for his children. But what if there is a child who is not allowed to rage on his father as the opinion of the majority of Islamic scholars? namely a child born from the result of a relationship outside of marriage (adultery), where at the time of birth his mother had not had time to get married, despite the opinion of a minority of Islamic scholars who disagree with the opinion of the majority. Therefore, the author tries to explain to give priority (tarjih) to the opinion of the minority from the opinion of the majority who have given biological father the opportunity to determine the child he confesses to himself, even without marrying his mother. Because of minority opinion, when viewed in terms of the broad meaning of maqsad hifz al-nasl is very close. This study is a library research and uses a qualitative-inductive approach or in Arabic called tahlili-istiqrai method with theories that are part of the ushul fiqh methodology. The results that the authors take from this study are with al-tarjih baina qaulauini by looking at the most propositions from both opinions. Among them by looking at the perspective of the concept of children and maqsad hifz al-nasl.
JUAL BELI DEBU METAL PERSPEKTIF HUKUM EKONOMI SYARI’AH (Studi di Toko Emas Pasar Talang Padang, Kabupaten Tanggamus, Provinsi Lampung) Khalifatul Azkiya; Jayusman Jayusman
Al-Maslahah : Jurnal Ilmu Syariah Vol 16, No 2 (2020)
Publisher : Fakultas Syariah (Syari'ah Faculty )

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-maslahah.v16i2.1854

Abstract

Humans are social creatures who need each other so they can help. One of them is through the trade route which is carried out on the basis of benefit considerations, namely: buying and selling of metal dust. This buying and selling has been going on for a long time in several gold shops in the Talang Padang market, Tanggamus Regency, Lampung Province. Sellers and buyers do not know the gold content in the dust, so it is suspected that there is gharar. Furthermore, we will discuss how the Islamic law review about the practice of buying and selling metal dust in the gold shop, Talang Padang market, Tanggamus Regency, Lampung Province? This discussion concludes that the law of metal dust buying and selling that occurs in the Talang Padang market, Tanggamus Regency, Lampung Province is authentic. Although it is not yet known the amount of gold in the dust which causes one of the requirements of ma'qūd 'alaih not to be fulfilled, this obscurity (gharar) is gharar which is a small quantity that does not cause the seller or buyer to always lose because the seller and the buyer are the same person. have experience and expertise. So the buying and selling of metal dust is a legal buying and selling in Islam
METODE PENENTUAN ARAH KIBLAT MASJID DARUNNA'IM KOTA PONTIANAK Muhammad Zikrurrahman
Al-Maslahah : Jurnal Ilmu Syariah Vol 16, No 1 (2020)
Publisher : Fakultas Syariah (Syari'ah Faculty )

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-maslahah.v16i1.1690

Abstract

Abstract Facing the qibla direction is one of the requirements of performing prayer, and therefore of course it must be made as accurate as possible in the direction of the Kaaba. Darunna’im Mosque is the center of religious worship services for students in the Darunna’im Islamic Boarding School in Pontianak. From the search results using the Google Earth application, the researcher found inaccuracy of the direction of the mosque building from what i should be which is 292° 44’ 56” while the direction of the mosque building qibla is 281° 50’ 00” so there is a deviation of 10° 54’ 56”. From the above background, the researcher felt the need to explore further the direction of the mosque’s qibla with the focus of research namely on the methods carried out in deternmining the direction of the Darunna’im mosque’s qibla and accuracy of the direction of the mosque by using several methods of determining the qibla direction (Qibla with Theodolite, Compass and Rashdul qibla). This study uses a descriptive method with a qualitative approach, and techniques of interview, direct observation, and field measurements. Data were obtained as material for analysis. After the analysis was done, than the researcher drew conclusions and provided suggestions. From the result of the analysis of the data that the researcher got in the field, it can be concluded that the direction of the Darunna’im Mosque was deviated. The measurementsof the mosque’s qibla direction using Google Earth shows the direction of 292° 44’ 56” while the direction of the mosque is 281° 50’ 00”, a deviation of 10° 54’ 56” occurs. Then using theodolite on May 28, 2019 at 16:19 WIB showing the direction of 0° 1’ 16.62” while the direction of the Mosque is 349° 07’ 32.76”, then a deviation of 10° 53’ 43.86” occurs. Then on July 16 using theodolite , it showed the direction 0° 1’ 28.76” while the direction of the Mosque is 349° 07’ 44.9”, then there is a deviation of 10° 53’ 43.86”. Then when the Rashdul Qibla was used on May 28, 2019, it showed at 16:17 WIB. Then at the time of Rashdul Qibla on July 16, it showed the qibla direction at 16:26 WIB. Then using Compass, it showed the direction 292° 44’ 56.21” while the direction of the mosque is 281° 50’ 00”, so a deviation of 10° 54’ 56.21” occurs. Keywords: Qibla Direction, Accuracy, and Darunna’im Mosque.

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