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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 13, No 1 (2023)" : 6 Documents clear
BASYARNAS as a Place for Dispute Resolution of Musyarakah Financing in Sharia Banking in the Disruption Era Evi Eka Elvia; Abdul Mujib; Azhar Nor; Muhammad Imanuddin Akbar
El-Mashlahah Vol 13, No 1 (2023)
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.v13i1.5345

Abstract

The practice of musyarakah financing in Islamic banking allows conflicts to occur between parties, the most dominating conflict in financing practices is the default. Arbitration is one of the non-litigation dispute resolution forums that can be used in resolving musyarakah financing disputes in Islamic banking. The purpose of this study was to analyze the settlement of default disputes on musyarakah financing practices which were resolved through the Badan Arbitrase Syariah Nasional (BASYARNAS). This research is normative legal research using a statutory approach. The results of the study show that financing disputes in Islamic banking occur because there are default factors behind them, namely intentional factors and negligence factors. Both of these factors can give a loss to the creditor (Bank) as the provider of funds. Musyarakah financing dispute settlement in Islamic banking is an agreement of the disputing parties. If it is contained in the agreement clause which states that dispute resolution is carried out through BASYARNAS, then BASYARNAS has the authority to resolve the dispute as stipulated in the law. In an era of disruption full of change and innovation, arbitration with the online system is an important matter in resolving disputes at BASYARNAS.
Dayak Ngaju Customary Fines in Pre-Marriage Agreement to Minimize Divorce in The Perspective of Maslahah Mursalah Ramadhan Al-Buthi Muhammad Aulia Rahman; Roibin Roibin; Nasrulloh Nasrulloh
El-Mashlahah Vol 13, No 1 (2023)
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.v13i1.5623

Abstract

Before the wedding, the prospective husband and wife in the Dayak Ngaju Palangka Raya community made a pre-marriage agreement in the presence of the Damang (Adat figure). One of the core points of the agreement is that there is a fine for whoever causes a divorce in the household. This is unique and different from marriage agreements in general and in Islam. This study aims to analyze Dayak Ngaju customary fines in pre-marriage agreements implemented by the Dayak Ngaju community to minimize divorce. This research is empirical legal research using a case approach. The primary sources of this research are interviews, documentation, observations, and secondary sources in the form of books, as well as the views of scholars who have discussed this issue. Then this problem is analyzed using the theory of Maslahah Mursalah Ramdhan Al-Buthi. The results of this study indicate that according to the perspective of Adat figure regarding customary fines in pre-marriage agreements carried out by the Dayak Ngaju community, it is a good thing, not only to maintain the customs of their ancestors but also to contain far more meaningful values, namely protecting the existence and maintaining commitments in the marriage. From the perspective of Maslahah Mursalah Ramadhan Al-Buthi, these customary fines are not contrary to Islamic law, if they do not exceed the specified corridors, do not conflict with the higher Al-Quran, Sunnah, Qiyas, and Maslahah, and customary fines may be carried out if the four conditions these limits are not violated.
Controversy of Marriage Agreements in Indonesia-Malaysia Border Communitites in Sambas Regency Asman Asman; Resali bin Muda
El-Mashlahah Vol 13, No 1 (2023)
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.v13i1.4382

Abstract

This study discusses the controversy over the marriage agreement in the form of taklik talak contained in the marriage book. The purpose of this study was to analyze the pros and cons of the reading of taklik talak on the bride and groom after consent was granted in the Indonesia-Malaysia border community in Sambas Regency, West Kalimantan. The method in this study is to use empirical legal research with a sociological approach. Primary data was obtained using observation, interview, and documentation techniques. The results of this study indicate that of the ten respondents interviewed six couples did not know the existence of a marriage agreement (taklik talak) and did not pronounce it. while the other four couples did not know the taklik talak but recited it. The occurrence of pros and cons to the existence of taklik talak in the marriage book is due to the lack of information submitted by the BP4 during premarital guidance to the prospective bride and groom, besides that, some people do not know the use and purpose of taklik talak. Whereas the existence of taklik talak as a marriage agreement aims to protect the rights of the wife so that the husband does not arbitrarily fulfill his obligations. The marriage agreement contained in the taklik talak is in line with Islamic law.
Management of Long-Distance Marriage for Overseas Female Worker Profession on Family Resilience in Kendal Regency Filda Rahma Saidah; Muhammad Zaki Fahmi
El-Mashlahah Vol 13, No 1 (2023)
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.v13i1.6095

Abstract

Long-distance marriage relationship for female worker profession (Tenaga Kerja Wanita: TKW) who works abroad is a condition where husband and wife are constrained by distance and time to meet. These obstacles resulted in short meetings that were felt to be lacking so they lost the figure of a partner and wanted to get back together. This study aims to analyze the management of long-distance marriages for women who work as workers abroad in family resilience in the Kendal district. This research is empirical legal research using primary data sources. The data is filtered using data triangulation techniques. Then analyzed using Al-Buthi's maslahah theory and Talcott  Parsons' structural-functional theory. The results of this study indicate that overseas female worker profession (TKW) in the Kendal Regency community carry out long-distance marriage management with various things so that they can strengthen their families in several steps, namely; there is communication, trust, and commitment, and there is a meeting schedule. According to the structural-functional theory, it has fulfilled the elements of adaptation, goal attainment, integration, and latency. Meanwhile, according to maslahah theory, it does not conflict with maslahah if it is considered an emergency in the field of work and the main goal is hifz an-nasl, but it can conflict if it is only for the sake of material pleasure in terms of collecting wealth.
Trademark Cancellation of The PT. DIPOSIN in The Principle of Legal Certainty by Sudikno Mertokusumo Risma Nur Arifah; Azlin Alisa Ahmad; Silvana Oktavia Rochmawati
El-Mashlahah Vol 13, No 1 (2023)
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.v13i1.5333

Abstract

Trademark cancellation can be done by registered trademark owners, such as PT. Pos Indonesia filed a trademark cancellation suit against the DIPOSIN mark because the mark has similarities in principle to the Pos Indonesia mark and its registration was carried out in bad faith. The judge granted the lawsuit for the cancellation of the DIPOSIN mark in part and the cancellation decision was not implemented. So, because of this, there is a legal inconsistency that results in the absence of legal certainty for brand owners who have good intentions. This study aims to discuss the judges' considerations in Decision number 8/Pdt.Sus-HKI/Merek/2020/PN.Niaga.Sby and the application of the principle of legal certainty according to Sudikno Mertokusumo. This research is normative legal research using statutory, conceptual, and case approaches. This research shows that based on Law Number 20 of 2016 concerning Trademarks and Geographical Indications the judge's consideration in Decision Number 8/Pdt.Sus-HKI/Merek/2020/PN.Niaga.Sby is appropriate however, the implementation of the decision to cancel the trademark is not appropriate with what has been set. This decision gave rise to an inconsistency of norms which resulted in the absence of legal certainty for brand owners. According to Sudikno Mertokusumo, for the law to function in a real way, the law must be upheld, because then the law becomes a reality and the law must reflect legal certainty, benefit, and justice.
Screening Standards in Sharia Capital Market Investor Legal Protection Kefi Miftachul Ulum; Mohammad Khoirul Ulum
El-Mashlahah Vol 13, No 1 (2023)
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.v13i1.5791

Abstract

The growth of single investor identification on September 29 2022 reached 9.76 million, dominated by millennials with a percentage of 59.43%, and when compared to the total population of Indonesia, the share of investor growth is around 3.6%. Calculation of growth recapitulation is based on account opening through Perantara Pedagang Efek (PPE) both conventionally and sharia. Investors who enter the stock exchange consist of various types who have their own goals, so they have the potential risk of codifying securities on ISSI and JII of the formation of maisir, garar, darar and causing mafsadat. This study aims to analyze the screening standards in the legal protection of Islamic capital market investors. This research is normative legal research with a breakdown of 536 sharia issuers and analyzed through industry sectoral typologies and regulations 15/POJK.04/2015 and 35/POJK.04/2017. The results of this study found 7 issuers in the technology and film sectors that passed the DES, so deficiencies in the standard screening procession need to be improved by sectoral-based screening methods in the Sharia issuer index procession to increase the application of Sharia principles.

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