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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
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Articles 6 Documents
 1 
Search results for , issue "Vol 12, No 2 (2022)" : 6 Documents clear
Issues on Halal Foods with Special Reference to Fatwa on Halal Pet Food for Cats in Islamic Law Nurdeng Deuraseh; Nurulhuda Asilah Asli
El-Mashlahah Vol 12, No 2 (2022)
Publisher : Institut Agama Islam Negeri Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23971/elma.v12i2.3534

Abstract

When it comes to pet food, halal issues rarely arise. However, several people care about this issue. This is because humans have evolved from a time when animals did not live with humans to when it was found that many families had at least one pet. Especially in the modern world, more and more pets have been considered an integral part of the family all over the world. Also, the increase in income of the Muslim population can change their lifestyle, and owning a pet is an integral part of the family. According to statistics made in the United States, more than half of all Americans have a dog or cat in their home. Meanwhile, 45% of households in Romania have a cat. And, 92% of cats in Australia are kept at home. This article aimed to discuss the need to provide halal food for pet cats according to Islamic law. Also, it provide debates and intellectual findings related to the issue of halal pet food to fill the literature gap. This research is normative legal research using the Islamic law approach. The results of this study indicate that it is safe to suggest based on research that if there is no pork in pet food and as long as it is guaranteed to be harmless and safe for pets to eat, then the food should not be a problem to eat, serve and provide for cats.
Integration of Tradition and Sharia: Dowry and Dui Menre in the Marriage of the Bugis Community in Bone Regency Nur Avita; Ahmad Rusyaid Idris; Frina Oktalita
El-Mashlahah Vol 12, No 2 (2022)
Publisher : Institut Agama Islam Negeri Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23971/elma.v12i2.4712

Abstract

A Mahr (Dowry) and dui menre become interesting phenomenon that occurs in the marriage practice of the Bugis community in Bone Regency. The higher the social status of the prospective wife's family, the higher the dui menre. When an agreement has been reached on the amount of dui menre, then the husband will give a dowry in the marriage contract. Both of these things must be fulfilled as the requirement for marriage. When the husband does not fulfill the dui menre as previously agreed on the agreement, the marriage process might not occur. The study aimed to integrate tradition and sharia in the marriage of the Bugis community in Bone Regency. The research was empirical legal research with a socio-legal approach. The study indicated that the dowry and dui menre in Bugis traditional marriages are an inseparable. Here, the integration is dui menre as a pre-marital condition that must be fulfilled in the context of giving as a form of respect and assistance to the prospective wife’s family. There is no prohibition in Islam as long as there is an agreement between the two parties, and no violate the sharia principles. Meanwhile, the dowry is also obligatory and carried out in the marriages of the people of the Bone regency. Therefore, the dowry and dui menre in the marriage of the Bone community are following the tradition and sharia.
Islamic Fanatism and Terrorism Cases in Indonesia the Perspective of Islamic Criminal Law Ahmad Kamaludin; Iskandar Iskandar
El-Mashlahah Vol 12, No 2 (2022)
Publisher : Institut Agama Islam Negeri Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23971/el-mashlahah.v12i2.4397

Abstract

Acts of terrorism are often associated with Islamic teachings, which lead to a bad stigma against Islam. Cases of terrorism in Indonesia occur almost every year, which the shocking case of terrorism is the Bali bombing which killed 202 foreigners. The research aimed to analyze the problems of Islamic fanaticism and terrorism in Indonesia from the perspective of Islamic criminal law. The research used descriptive analysis, with the type of normative juridical research. The approach was historical and conceptual. The study showed that acts of terrorism defending Islam cannot be justified because terrorism has political intentions. Islam is a religion of raḥmatan lil ‘Ālamīn which loves good and hates evil. The government’s efforts to mitigate acts of terrorism in Indonesia are by making preventive efforts in the form of legal protection for someone suspected of adhering to terrorist radicalism. Prevention efforts are intended for, national preparedness, counter-radicalization, deradicalization, and fostering religious insight. In addition, the efforts made are by giving the role of society and mass organizations to perform moral movements.
Creating a Harmonious Family Through Social Media Facebook in West Lampung Muhammad Khusaini; Hariri Hariri; M. Ridho Pratama; Madah Rahmatan
El-Mashlahah Vol 12, No 2 (2022)
Publisher : Institut Agama Islam Negeri Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23971/el-mashlahah.v12i2.3937

Abstract

Facebook is one of the communication media that is widely used by the community, both urban and rural communities. Facebook not only has a negative impact on its users but also has a positive impact. Social media has a strong positive impact on the family's economy, that the family's needs are met and creating harmonious family relationships compared families that do not use social media as a marketing medium. The study aimed to analyze how to create a harmonious family through social media Facebook in West Lampung Regency. The particular research was empirical legal research. Data collection techniques were observation, interview, and documentation. The study indicated that the use of social media Facebook can create a harmonious family in three families, the subject of the study, in West Lampung Regency. Social media Facebook used to promote the goods that improve the family's economy. This makes the family to be prosperous. In short, it has an impact on the harmony of the family.
The Principle of Mabda' Ar-Rada'iyyah in Land Purchase Agreements with Fraud Elements in State Court Judgment Number 12/Pdt.G/2017/PN.Mlg Dwi Fidhayanti; Illa Miftachul Jannah
El-Mashlahah Vol 12, No 2 (2022)
Publisher : Institut Agama Islam Negeri Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23971/el-mashlahah.v12i2.4133

Abstract

Court Judgment Number 12/Pdt.G/2017/PN.Mlg became a decision on Kartono's request to cancel the land sale and purchase agreement because it contained elements of fraud. The purpose of this study is to analyze the principle of mabda' ar-rada'iyyah in the land sale and purchase agreement with an element of fraud in Court Judgment Number 12/Pdt.G/2017/PN.Mlg. Types of normative juridical research with a statutory approach and a case approach. Primary, secondary and tertiary legal materials are analyzed using descriptive qualitative methods. The results of this study indicate that based on the request for annulment of the agreement submitted by Kartono which was granted by the Panel of Judges, it resulted in the cancellation of the land sale and purchase agreement and returned to the original owner, namely Kartono. The agreement violated subjective requirements because the sale and purchase contained elements of persuading, influencing, and deceiving or using false prestige towards Kartono during the land purchase process. This agreement does not fulfill the principle of mabda' ar-rada'iyyah, because the agreement/will to enter into the agreement was given on the basis of an element of fraud committed by the buyer, causing the agreement to be void/invalid.Court Judgment Number 12/Pdt.G/2017/PN.Mlg became a decision on Kartono's request to cancel the land sale and purchase agreement because it contained elements of fraud. The purpose of this study is to analyze the principle of mabda' ar-rada'iyyah in the land sale and purchase agreement with an element of fraud in Court Judgment Number 12/Pdt.G/2017/PN.Mlg. Types of normative juridical research with a statutory approach and a case approach. Primary, secondary and tertiary legal materials are analyzed using descriptive qualitative methods. The results of this study indicate that based on the request for annulment of the agreement submitted by Kartono which was granted by the Panel of Judges, it resulted in the cancellation of the land sale and purchase agreement and returned to the original owner, namely Kartono. The agreement violated subjective requirements because the sale and purchase contained elements of persuading, influencing, and deceiving or using false prestige towards Kartono during the land purchase process. This agreement does not fulfill the principle of mabda' ar-rada'iyyah, because the agreement/will to enter into the agreement was given on the basis of an element of fraud committed by the buyer, causing the agreement to be void/invalid.
Comparison Between Double Movement Theory and Nazariyyat Al-Hudud Theory on Polygamy Laws Khairul Hamim
El-Mashlahah Vol 12, No 2 (2022)
Publisher : Sharia Faculty of State Islamic Institute (IAIN) Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23971/el-mashlahah.v12i2.4903

Abstract

The issue of polygamy is one of the issues in Islamic family law which still become a hot, interesting, and updated debated topic to be studied, either in the view of state law or a theme for discussion, under the different interpretations in understanding the verses of the Qur'an. The theme of polygamy has been discussed by scholars in the books of fiqh and their interpretations. But, their views that have developed so far tend to reinforce the opinion that polygamy is permissible based on the text of paragraph 3 of surah al-Nisa. The verse is a source of polemic interpretation, by both classical and contemporary scholars on answering the question of whether polygamy practice is permissible or not. This paper focused on two contemporary scholars, namely Fazlur Rahman and Muhammad Syahrur. They have their views on the polygamy law. This research was normative legal research, using the approach of ushul fiqh and comparative law. The study indicates that Fazlur Rahman, with double movement theory, interprets fairness as a condition for the permissibility of polygamy with love and not material things, such as fairness in physical services. Meanwhile, Muhammad Syahrur, with his boundary theory (nazariyyat al-hudud), interprets fairness as one's ability and obligation to look after, protect and raise orphans from polygamous widows. Apart from that, Syahrur also stated that the widow of being married in polygamy was a widow whose husband had died. The two theories have contributed new colors and the interpretation of Islamic law.

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