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El-Mashlahah
Published by Institut Agama Islam Negeri Palangka Raya
ISSN : 20891790     EISSN : 26228645     DOI : 10.23971
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal eL-Maslahah adalah Jurnal yang dikelola oleh Fakultas Syariah IAIN Palangka Raya, terbit dua kali dalam setahun (Juli dan Desember) sebagai wahana transfer dan komunikasi ilmu dalam aspek Syariah, Hukum Islam, Hukum Positif, Hukum Ekonomi Syariah, dan kajian-kajian Keislaman Kontemporer
Arjuna Subject : -
Articles 6 Documents
 1 
Search results for , issue "Vol 12, No 1 (2022)" : 6 Documents clear
Bridal Bath Prohibition as a Local Wisdom Among Lampung Communities on Islamic Law Perspective Dinda Bestari; Eka Kurnia Sari
El-Mashlahah Vol 12, No 1 (2022)
Publisher : Institut Agama Islam Negeri Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23971/elma.v12i1.3826

Abstract

Marriage is a contract that leads to the ability to get along between a man and a woman, to help each other, and to determine the boundaries of rights and obligations between them. The purpose of this study was to explore how the process of implementing the tradition of bridal bath prohibition in the Lampung tribe and how the validity of the tradition according to Islamic law. This research is empirical legal research, using primary data through the process of interviews, observation, and documentation. The results of this study show that, firstly, the implementation of the bridal bath prohibition is local wisdom of the Lampung tribe, especially in the village of Karta Raharja, Tulang Bawang Barat Regency, carried out three days before the wedding reception. Parties who are prohibited from bathing are usually the prospective bride. Second, the tradition of bridal bath prohibition according to the perspective of Islamic law, through the theory of 'urf is allowed. This is for several reasons, firstly there is no reduction in the terms and pillars of marriage, so it does not affect the validity of the marriage. Second, there is no element of shirk, because the majority of people believe that things that happen after the implementation of the tradition, such as the absence of rain at the reception and the smooth running of the wedding reception, are purely the will of Allah SWT as an almighty substance.
The Challenges of Sharia Pawnshops in Indonesia in The Era of The Industrial Revolution 4.0 Nicho Hadi Wijaya
El-Mashlahah Vol 12, No 1 (2022)
Publisher : Institut Agama Islam Negeri Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23971/elma.v12i1.3910

Abstract

The development of the Islamic financial system in Indonesia is marked by the establishment of various Islamic financial institutions and the issuance of various sharia-based financial instruments. Essentially, Islamic financial institutions are different from conventional financial institutions, in terms of mechanisms, objectives, powers, scope, and responsibilities. The provisions and discourses contained in classical fiqh on Rahn are then adapted to modern economic developments and synergized with the needs of today's society. With the majority of the Muslim population, it is not difficult for Sharia Pawnshops in Indonesia to develop their business. Sharia pawnshops are expected to be able to conduct campaigns to the public about the use of sharia-based products. However, there are still various problems in developing sharia pawnshops in Indonesia. And, an analysis needs to conduct to uncover obstacles and find solutions in an effort to develop sharia pawnshops. The type of the research was normative legal research using a qualitative descriptive approach. The study indicates that Sharia Pawnshops are one of the financial institutions that provide effective alternative funding for the community. The growth of pawnshop profits which continues to grow in the era of the industrial revolution 4.0 and during the Covid-19 pandemic is one indicator of the success of sharia pawnshop management. In addition, sharia pawnshops can prove that they can prioritize Islamic moral values during the rapid development of financial institutions in Indonesia. However, from all of this, there are problems that need to be evaluated to improve the performance of sharia pawnshops in the future.
The Dynamics of Islamic Jurisprudence in The Eyes of Contemporary Muslims Meirison Meirison; Desmadi Saharuddin; Husnul Fatarib
El-Mashlahah Vol 12, No 1 (2022)
Publisher : Institut Agama Islam Negeri Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23971/elma.v12i1.3939

Abstract

The emergence of sects and their diversity in Islam is caused by the differences in thought and visions of those who follow these sects. When the differences between the followers of these sects is limited to a mere difference of views on this or jurisprudential issue, it is a disagreement or an acceptable difference. Because there is more than one opinion on one jurisprudential issue, so whoever works with this opinion on the issue, his action is permissible. And, whoever works on the same issue with another thought, his movement is also acceptable, and this is from the capacity of Islam and its mercy to the nation. By examining several books related to the views of the ulama on the schools of thought, it has opened the way for us to verify. The article carried out a descriptive analysis approach and a comparative study of the opinions of scholars in different schools of thought and the fatwas issued by our official fatwa institutions. The article find the fanaticism of the sects is one of the causes of the nation's weakness. So, its unity was torn, and its humiliation intensified for the people. And that, they agree on what they agreed upon of the fixed principles, although various problems arise from time to time.  
The Manyanggar Tradition and Harmony of The Bakumpai Dayak Community in Central Kalimantan Surya Sukti; Munib Munib; Frenky Frenky; Rachmadi Rachmadi
El-Mashlahah Vol 12, No 1 (2022)
Publisher : Institut Agama Islam Negeri Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23971/elma.v12i1.3663

Abstract

The problem in this study is related to the tradition of manyangar heritage of the Hindu Kaharingan religion which is still maintained by the Bakumpai Dayak community even though they are already Muslim. The purpose of this study is to explore how the implementation of the manyangar tradition, explore the reasons for the community to carry out the tradition and analyze the content of Islamic values in the manyanggar tradition. This research is empirical legal research using a descriptive qualitative approach. The findings in this study are that there are two versions of the implementation of this tradition, firstly, the regency of South Barito and Murung Raya, still carry out manyanggar as in the past, using offerings and there are handlers who communicate with Jinn and Gods. Second, in the North Barito regency, manyangar activities have changed, namely by reading ṣalawat burdah around the village and no longer using offerings such as 40 kinds of cakes, buffalo heads, goat heads, chickens, and others. The reasons why people carry out the tradition of manyanggar include, firstly, people still believe in animist beliefs. Second, the community implements customary law that has been passed from generation to generation. As for those related to Islamic values in community-building activities, namely the spirit of cooperation, they work together in carrying out workshops, such as cooperation in making stages, making ancak, making cakes, making food ingredients, and others. The value of alms, in the event of dancing, requires a lot of funds and food ingredients. The funds and food ingredients are donated or donated by community members.
Sociological and Philosophical Study of Ijārah and Ijārah Muntahiya bi Tamlik Novita Angraeni; Erry Fitrya Primadhany
El-Mashlahah Vol 12, No 1 (2022)
Publisher : Institut Agama Islam Negeri Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23971/elma.v12i1.4174

Abstract

Mu’āmalah is a matter that is constantly evolving following the progress of the times, including the ijārah contract and the ijārah muntahiya bi tamlik contract. It is necessary to study sociological and philosophical perspectives to obtain a deep meaning regarding the contextual aspects. This research was normative research that examines the norms and principles of Islamic law as well as developing doctrines that are relevant to the theme of the study. The approach was a conceptual approach which intended to analyze the concepts in Islamic law to find out the meaning. Ijārah is a contract for the transfer of usufructuary rights over an item or service and ijārah muntahiya bi tamlik is a lease agreement with the option of transferring ownership rights. The legal basis of the ijārah agreement and the ijārah muntahiya bi tamlik was found in the Qur'an, Hadith and several regulations. Sociological studies of the ijārah and ijārah muntahiya bi tamlik contracts include that the ijārah and ijārah muntahiya bi tamlik aim to facilitate humans in carrying out their lives and can synergize with each other to meet the needs of life. And containing orders to fulfill individual rights can also bring prosperity and peace to those who implement it. From a philosophical point of view, it contains values sourced from the Qur'an and hadith in the form of values of justice and universal principles and has the goal of benefiting mankind and avoiding harm.
Dispute Resolution on Muḍārabah Musytarakah Contract on Sharia Insurance in Indonesia: Between Regulation and Practice Riska Fauziah Hayati; Abdul Mujib
El-Mashlahah Vol 12, No 1 (2022)
Publisher : Institut Agama Islam Negeri Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23971/elma.v12i1.3795

Abstract

This paper discussed on how to resolve disputes over the muḍārabah musytarakah contract in sharia insurance by looking at the applicable sharia insurance dispute settlement regulations and sharia insurance policies. This research was normative legal research using the documentation method. The results showed that in various regulations and policies regarding sharia insurance, there are various alternatives (choice of forum) in dispute resolution, including in the muḍārabah musytarakah contract. In general, sharia economic dispute resolution can be done in two ways, namely litigation and non-litigation. Litigation dispute resolution was guided by the mandate of Law Number 3 of 2006 on Religious Courts. Several alternative non-litigation dispute resolutions are mentioned in various regulations, including: by deliberation and consensus; through mediation institutions that are independent and impartial; through an association by the business activities of a sharia insurance company; or the Shari'ah Arbitration Board. Then, in the sharia insurance general policy, there are also various alternative dispute resolutions, including amicably reaching a mutual agreement. But if it is not successful, then the dispute resolution will be carried out through the Indonesian Insurance Mediation Board (BMAI); through the Sharia Arbitration Board; Religious Courts/District Courts in the policy area are issued, or the participant chooses one of the dispute resolution options and is obliged to notify the company.

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