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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 13 No 2 (2023)" : 6 Documents clear
Green Sukuk in Indonesia: Unraveling Legal Frameworks for Sustainable Islamic Bonds Supriyadi, Aditya Prastian; Fidhayanti, Dwi; Ramadhita, Ramadhita; Noh, Mohd Shahid bin Mohd
El-Mashlahah Vol 13 No 2 (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.v13i2.7372

Abstract

Green sukuk is a contemporary-era sharia investment revolution that accommodates environmental aspects. Integrating Sustainable Financing in green sukuk can be an alternative investment platform contributing to sustainable development. The concept paradigm is relevant for strengthening the proportional construction of green sukuk law in Indonesia. The study aimed to analyze the concept of sustainable financing as the legal basis for implementing green sukuk in supporting sustainable development programs in Indonesia. The study used normative legal research methods. This research approach used a conceptual approach through reasoning the concepts of sustainable financing, green sukuk, and other concepts relevant to the topic of study to strengthen the discussion argument. The study showed that there are 2 (two) components of the relevance of the Sustainable Financing paradigm as the basis for implementing green sukuk in Indonesia. First, the implementation of green sukuk in various countries has rules that accommodate sustainable financing in response to climate change problems. Second, the sustainable financing Paradigm is relevant as a source of green sukuk legal construction to strengthen the policy basis for implementing environmentally sound investment in Indonesia. The urgency of the regulation is to increase investment commitments that can increase environmental resilience, alleviation of social problems and business transparency in contributing to sustainable development in Indonesia.
The Development of Fatwas Based on Local Wisdom to the National Level: A Case Study of Panaik Money Fatwa Syatar, Abdul; Bakry, Muammar; Bedong, M. Ali Rusdi; Ahmad, Ahmad; Pallawagau, Baso
El-Mashlahah Vol 13 No 2 (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.v13i2.7373

Abstract

The fatwa of the Indonesian Ulema Council of South Sulawesi Province regarding panaik money is debated and considered cynical by some people who feel disturbed. The cultural shift in
The Maqashid Sharia Construction on Inheritance in Dayak Ngaju Customs within the Tumbang Anoi Agreement Syaikhu, Syaikhu; Hamdi, Fahmi; Ahmad, Sabarudin; Ihsan, Reza Noor; Husain, Muhammad Zidni
El-Mashlahah Vol 13 No 2 (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.v13i2.7375

Abstract

The customary inheritance settlement of Dayak Ngaju determines the distribution of heirs based on consensus referring to their compliance with the common law in the Tumbang Anoi 1894 agreement. The Dayak Ngaju Muslim community, in the settlement of inheritance disputes, still pays attention to Islamic law, but they do not ignore traditional inheritance. The research aimed to analyze the maqashid sharia construction on inheritance in Dayak Ngaju customs within the Tumbang Anoi agreement. This research was normative legal research with a historical approach. The data was in the form of primary, secondary, and tertiary legal materials. The research showed that the construction of maqashid sharia follows the mental construction, the philosophy of the distribution inheritance procedures of the Dayak Ngaju custom in the Tumbang Anoi agreement, which emphasizes the principle of peace. This agreement adopts a philosophy carried out by the diversity of its people, which highly values peace. Generally, the spirit of peace in this context also means that there is no complexity in the distribution of inheritance. The attraction of the Tumbang Anoi agreement is that people who gather in the Dayak community are one of the hundreds of Dayak community groups.
Academic Freedom of Expression in Indonesia: A Maqashid Sharia Notes Al-Fatih, Sholahuddin; Aditya, Zaka Firma; Fuadi, Abdul Basid; Nur, Muhammad
El-Mashlahah Vol 13 No 2 (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.v13i2.7573

Abstract

This article intended to examine academic freedom in Indonesia, especially in the last decade (2014-2022). As a country that upholds human rights and Islamic values, academic freedom in Indonesia is in chaos, especially on hifz al-nafs and hifz al-‘aql fulfillment. Many forms of thought expression and criticism conveyed by scholars to the government in academic forums are responded to with various terror, threats, and criminalization on the grounds of state stability. Scholars who are critical of government policies fall victim to criminalization, go to prison, and are dismissed from college due to being considered to violate college ethics. The many cases of academic freedom infringement indicate a severe problem where the thought of scientists in an academic forum is being ‘undermined
Progressive Islamic Law and Misek Tradition of Dayak Ngaju in Central Kalimantan Sadiani, Sadiani; Emzaed, Ali Murtadho; Amin, Muhammad; Mualimin, Mualimin; Rosadhillah, Valencia Kirana
El-Mashlahah Vol 13 No 2 (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.v13i2.7624

Abstract

Misek tradition is known as the proposing procession of the Dayak Ngaju community in Central Kalimantan before marriage. This tradition is still preserved by the indigenous people, even though they have converted to Islam. As a law that lives in society, misek has become the nation's cultural heritage and, at the same time, enriches the national cultural treasures of Indonesia. The presence of Islam in the lives of the Dayak Ngaju community did not immediately eradicate the misek tradition. Progressive Islamic law has an elastic accommodation to adapt misek cultural values. This research aimed to analyze the progressive Islamic law and misek tradition of the Dyak Ngaju Community in Central Kalimantan. The research was empirical legal research, with data sources from observation, interviews, and documentation. Accommodation theory is used for the research. The research showed two conclusions. First, Misek's traditional practice has two processes, namely the misek hakumbang auh process (the small proposal procession) and the misek hakumbang hai (the big proposal procession). Second, progressive Islamic law accommodates the cultural values of misek, both misek hakumbang auh and misek hakumbang hai as good customs. The Misek tradition can coexist with Islamic law without losing its traditional identity.
Maqashid Sharia Progressive: Anatomical and Transformational of Halal Institutions in UIN KHAS Jember Wicaksono, Syafril; Al-Asy'ari, M. Khoirul Hadi; El-Adibah, Elisa Dourothun Nafis; Iffahasanah, Iffahasanah
El-Mashlahah Vol 13 No 2 (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.v13i2.7370

Abstract

The research discussed the Audit Institutions Halal (LPH) at the State Islamic University Kiai Haji Achmad Siddiq Jember (UIN KHAS Jember) regarding the halal industry movement. However, the existence of a halal institution for the halal certification movement is still not effective in implementing local social and customary communities since the LPH, in substance, mostly does not work properly. Meanwhile, the university only acts as a tool. The research aimed to analyze the anatomical and transformational importance of halal institutions at UIN KHAS Jember which is studied using maqashid sharia progressive. It used an empirical legal research method with a descriptive qualitative data approach. The research shows that the existence of LPH, which is affiliated with universities, especially UIN KHAS Jember, provides space for good dissemination of information in the community, supported by academics in halal genealogy in Indonesia. LPH contributes positively to the institutional dimension and outreach to the community. However, the dimensions of the law of Halal Product Certification still provide room for polemics, for example, halal localities in indigenous communities in Indonesia, which should receive legal recognition. The aim is to avoid the statement of Jasser Auda that worried things about maqashid sharia, namely a feature about the absence of a halal monopoly, which is only in the hands of the government but also exists within existing customary institutions.

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