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SEKOLAH TINGGI ILMU SYARIAH HUSNUL KHOTIMAH Desa Maniskidul Kecamatan Jalaksana Kabupaten Kuningan Jawa Barat Telp. 0232-613808 Fax. 0232-613809
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AL-MASHALIH (Journal of Islamic Law)
Published by Sekolah Tinggi Ilmu Syariah Husnul Khotimah Kuningan
ISSN : 2621055x     EISSN : 26209187     DOI : -
Core Subject : Religion, Humanities, Education, Social,
Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences
AL MASHALIH is published by Sekolah Tinggi Ilmu Syariah Husnul Khotimah (STIS HK) Kuningan, West Java, Indonesia. The journal will focus on providing quality research in the areas of Islamic Family and Economic Law. The goal of the journal is to cover topics that are paramount in modern Islamic family and economics law. Accordingly, papers that focus on emerging and interdisciplinary topics are encouraged. In addition, the goal of the journal is to provide research that is relevant and applicable to a diverse set of Islamic Law researchers and professionals.The Journal is published twice a year on June and December. The aim of the journal is to disseminate the Islamic Family and Economic Law researches done by researchers.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 113 Documents
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Pertimbangan Hakim terhadap Pembebanan Nafkah ‘Iddah dan Mut’ah Pasca Cerai Talak bagi Istri yang Nusyuz Sitrotul Fitri Munawaroh; Puspasari; Murniati
AL-MASHALIH (Journal of Islamic Law) Vol. 7 No. 1 (2026): AL-MASHALIH (Journal of Islamic Law)
Publisher : Sekolah Tinggi Ilmu Syariah Husnul Khotimah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59270/mashalih.v7i1.412

Abstract

‘Iddah and mut’ah nafkah are obligations that a husband must provide to his wife following a talak divorce. However, this obligation is waived if the divorce occurs due to the wife’s disobedience (nusyuz). Nevertheless, this study found a case at the Sumber Religious Court in which the judge ruled that an ex-wife, who had been divorced due to nusyuz, was still entitled to receive ‘iddah and mut’ah nafkah. In practice, not all courts render decisions in the same way. Based on this inconsistency, the author was motivated to conduct research entitled: Judges’ Considerations in Imposing ‘Iddah and Mut’ah Nafkah in Post-Talak Divorce for a Nusyuz Wife: A Maslahah Mursalah Perspective (Case Study of Decision No. 709/Pdt.G/2020/PA.Sbr). This study aims to explore the judicial reasoning behind granting ‘iddah and mut’ah nafkah to a nusyuz wife in the talak divorce case No. 709/Pdt.G/2020/PA.Sbr. The research employs a qualitative method by combining two types of data: field research through interviews and library research from books and journal articles. Data collection techniques used in this study include interviews and documentation, particularly interviews with the presiding judge at the Sumber Religious Court. All collected data were then reduced, presented, and concluded using descriptive analysis techniques. The study found that the judge’s decision to grant ‘iddah and mut’ah nafkah was based on the consideration that the divorce was not solely due to the wife’s disobedience, but also due to the husband’s negligence in fulfilling his financial obligations. Furthermore, the husband voluntarily agreed and was willing to provide the nafkah. From the perspective of maslahah mursalah, the judge’s consideration in granting such nafkah to a nusyuz wife is deemed permissible (mubah) and does not contradict Islamic legal principles. This aligns with the principle of maslahah mursalah, which holds that harm must be prevented through any available means.
Tinjauan Hukum Islam terhadap Praktik Multiakad dalam Produk Tabungan Pendidikan Rusmalana; Hendra Karunia Agustine
AL-MASHALIH (Journal of Islamic Law) Vol. 7 No. 1 (2026): AL-MASHALIH (Journal of Islamic Law)
Publisher : Sekolah Tinggi Ilmu Syariah Husnul Khotimah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59270/mashalih.v7i1.413

Abstract

The multi-contract (multiakad) approach has become one of the methods used to develop products in Islamic banking. This practice stems from innovation as a form of ijtihad in muamalah transactions currently implemented in the industry. One Islamic banking product applying the multi-contract concept is the educational savings scheme at Bank Syariah Indonesia, Kuningan Sub-Branch Office (BSI KCP Kuningan). The issue, however, is that the permissibility of multi-contracts is not without limits; certain boundaries must be observed to avoid elements of riba (usury), gharar (uncertainty), and maisir (gambling). This study aimed to examine the multi-contract mechanism within BSI KCP Kuningan’s educational savings product and to review it from the perspective of Islamic law. Employing a qualitative field research design, data were collected through interviews with bank staff and documentation from brochures and articles. The data were then reduced, displayed, and concluded in narrative form. The findings revealed two key points. First, the multi-contract practice in this product involves two contracts with opposing motives: a mudharabah muthlaqah contract, which is business-oriented, and a tabarru contract, representing social (non-commercial) insurance protection. Second, the Islamic legal review indicates that the multi-contract structure in this educational savings product does not fully comply with fiqh muamalah provisions.
Tradisi Titip sebagai Praktik Utang-Piutang pada Acara Walimatul 'Ursy dalam Perspektif Hukum Islam Elis Muhlisoh; Mualim Mualim; Yayat Hidayat
AL-MASHALIH (Journal of Islamic Law) Vol. 7 No. 1 (2026): AL-MASHALIH (Journal of Islamic Law)
Publisher : Sekolah Tinggi Ilmu Syariah Husnul Khotimah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59270/mashalih.v7i1.415

Abstract

The titip tradition in walimatul 'ursy (wedding feast) ceremonies has long been practiced by the community of Sembawa Village, Jalaksana District, Kuningan Regency. In this tradition, individuals provide money or goods to those organizing a walimatul 'ursy with the expectation of receiving a similar return when they hold a comparable event in the future. This practice essentially creates an unwritten debt relationship based on mutual trust and local customs. This study aims to analyze the implementation of the titip tradition in walimatul 'ursy ceremonies in Sembawa Village and to examine its conformity with Islamic law. This research employs a qualitative approach and is categorized as field research. Data were collected through semi-structured interviews and documentation, utilizing both primary and secondary data sources. The findings reveal that the titip tradition practiced by the people of Sembawa Village can be classified as a qardh (loan) contract that is permissible under Islamic law, as it fulfills the pillars and conditions of qardh and is supported by the concept of 'urf (custom) that does not contradict Islamic principles. In practice, there are two forms of repayment: repayment with similar objects and repayment with dissimilar objects. Repayment with similar objects is consistent with the provisions of qardh in Islamic law. Meanwhile, repayment with dissimilar objects does not fully comply with one of the requirements of qardh, namely the obligation to return an equivalent object. However, such a practice may still be accepted as long as it is carried out based on mutual agreement and willingness (taradhin) between both parties, without any element of coercion or injustice.

Page 12 of 12 | Total Record : 113

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