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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 10 Documents
 1 
Search results for , issue "Vol 14 No 1 (2024)" : 10 Documents clear
Walking Together: Dynamics of Muslim Wives Dual Role in Rural Areas Pursuing Career and Household Responsibilities Saiin, Asrizal; Firdaus, Firdaus; Yusuf, Maulana; Supani, Supani; Muchimah, Muchimah; Radiamoda, Anwar M.
El-Mashlahah Vol 14 No 1 (2024)
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.v14i1.7827

Abstract

The  social reality today in rural areas, a wife works to help the family economy, besides having to do domestic tasks. The concept of gender does not prohibit a wife from working. However, this will be a problem if it creates gender inequality. This study aims to reveal the problem of fulfilling domestic duties for career wives in terms of gender perspective. This research is qualitative with the type of literature study, descriptive analytical method with based on a gender approach. The result of this study is that the career wife in fulfilling domestic duties in rural areas based on a gender perspective can be seen from the role that must be carried out. The wife's roles in a gender perspective are: a) mother's role, b) wife's role, c) social role, d) family's motivator. Getting many roles, apart from being a housewife and also having to work is not an easy thing for a wife. This role must be shared with the husband so that it can be balanced so as to create harmony in a household. A woman who already has a role as a mother, wife, member of the community and also has to play a role in the family, but the husband must help and support fully.
Islamic Law Meets Minangkabau Customs: Navigating Forbidden Marriages in Tanah Datar Fakhyadi, Defel; Samsudin, Muhammad Adib
El-Mashlahah Vol 14 No 1 (2024)
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.v14i1.7364

Abstract

Minangkabau community members in Tanah Datar have several prohibitions on marriage that must be obeyed and become standard rules because they contain sanctions of expulsion or ostracism. The prohibitions include marrying a cousin (father's sibling's child), marrying the ex-wife mamak (a man who is responsible for his children and nieces and nephews from the mother's side), and marrying the ex-wife's family. It indicates a contradiction between the provisions of Islamic law and customary law, which is very binding on the order of social life. The research aims to analyze the relationship between custom and Islamic law regarding the forbidden marriage that applies in Tanah Datar, which still maintains local culture and traditions. The method used empirical legal research with a socio-legal approach. Primary data was obtained using observation, interview, and documentation techniques, which were then analyzed using the maqashid sharia theory. The research showed that the Minangkabau community's prohibition on marriage in Tanah Datar is a customary rule that must be obeyed because it is a good habit ('urf) that aims to prevent damage to the social order in Minangkabau. Minangkabau society prioritizes the value of raso-pareso and friendly relationships between one person and another under the goals of marriage in Islamic law. These customary provisions are binding. If there is a violation, then customary sanctions are imposed in the form of exclusion, expulsion, and fines.
Polygamy Law Reform Through the Development of the Aceh Qanun: A New Approach to Protecting the Rights of Women and Children in Indonesia Pelu, Ibnu Elmi AS; Tarantang, Jefry; Fauzi, Ahmad; Badarulzaman, Muhammad Hafiz; Sururie, Ramdani Wahyu; Anwar, Syahrul
El-Mashlahah Vol 14 No 1 (2024)
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.v14i1.7864

Abstract

Aiming to legalize the practice of polygamy through the Raqan regulation, which is then outlined in the family Qanun, it needs to have restrictions on practicing polygamy, such as the concept of justice and sanctions for abuse committed by a husband. The purpose is to protect women as human beings whose rights must be protected along with the obligations and be executed. Then, the research aimed to analyze the construction of Islamic law reform in the family sector, especially in protecting the position of women and children in the context of the structure of the legal order and the occurrence of polygamy without the permission of the Mahkamah Syar’iyah in Nanggroe Aceh Darussalam. The research was qualitative using non-doctrinal juridical or sociological methods to reform the legal order of polygamy in Raqan using studies of legal order theory, al-hudud (legal boundaries), and al-maslahah, using a historical approach and a legal philosophy approach. The findings showed that the idea of ​​a legal order for polygamy in the family law community in Nanggroe Aceh Darussalam is the implementation of the idea of ​​legal governance between compliance with Sharia and state law perfectly through Raqan renewal. Legal reform is an illustration and parameter in implementing polygamy to realize benefits for individuals and society. And, protect the position of women and children who have not been accommodated in marriage law, so that they can live a harmonious life.
The Mapping Verses and Application of the Linguistic Approach and Ushul Fiqh Toward the Law of Adultery Rasidin, Mhd.; Witro, Doli; Diana, Rahmi; Muna, Moh. Nailul; Sidqi, Imaro; Daini, Hening Sukma
El-Mashlahah Vol 14 No 1 (2024)
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.v14i1.7354

Abstract

It becomes a dilemma when Muslim communities cannot apply Islamic criminal law. In fact, a law is not only to be understood but also believed to be true by Muslims themselves. So, it is appropriate that the punishment for adultery is less likely to have a deterrent effect on the perpetrator. This is because, apart from conventional criminal law being poorly understood by the Muslim community, the sanctions are also quite light so that the deterrent effect desired by law enforcers cannot be realized. This research aims to analyze adultery law by applying linguistic approaches and ushul fiqh to adultery law. This type of research is normative law using a language and ushul fiqh approach. The data sources were primary and secondary, while data collection techniques were observation and literature study. The results of this research show that adultery is analyzed using a language and ushul fiqh approach is the perpetrator of a criminal act who deliberately commits the elements of inserting male genitalia into female genitalia (in intercourse), which is unlawful according to the substance of the act, not because subḥāt and women bring lust. The punishment for adultery is to jilīd one hundred times. This penalty can be applied if the legal action has been legal before the court by presenting four witnesses. The stipulated punishment cannot be changed with other types of punishment because the punishment is regulated by the text of the Al-Quran.
Fiqh Reference Patterns of the Majelis Taklim in Central Kalimantan Helim, Abdul; Patrajaya, Rafik; Hosen, Nadirsyah; Warman, Arifki Budia; Benevolent, Wafid Syuja' Vennovary
El-Mashlahah Vol 14 No 1 (2024)
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.v14i1.7872

Abstract

Majelis taklim (known as taklim assemblies or taklim council) in Central Kalimantan uses different references in conveying and discussing fiqh material. This leads to a mixture of ideologies, for example, there are indications of deception in using fiqh references. Hence, the research aimed to find out the pattern of fiqh references used by majelis taklim in Central Kalimantan. It used empirical legal research with a sociological juridical type and a socio-legal approach. The research showed the fiqh references used by the majelis taklim  appear with various ideologies. And, four fiqh reference patterns were found, including the tendentious, the comparative and a mixture of ideologies or non-schools of thought, the pattern with organizational ideology, and the pattern referring towards the Syafi'i school of thought. From the four characteristics, it seems that the tendentious fiqh pattern, either tarjih maqasid or malat al-af‘al, more likely leads to bringing mudharat (negative) and, even, not given benefit for Muslim community as a whole. However, in practice, there are indications of deception that may not be aware of by the public. If this tendentious pattern accepts ideological pluralism would certainly not be problematic. But, in reality, they are seen as splitting-bamboo politics with a scenario according to their interests and status to promote their ideology. Also, it needs to highlight the comparison of fiqh and a mixture of ideologies or non-schools of thought. It is believed that this pattern has its benefits. On the other hand, people who are less well prepared on az-zari‘ah, will deal with their problems, which may lead to ideological chaos.
Legal Protection of Architectural Works as Copyright: An Epistemological and Islamic Law Perspective Ruhtiani, Maya; Prihatinah, Tri Lisiani; Sulistyandari, Sulistyandari; Park, Hyun Kyung; Whindari, Yayuk
El-Mashlahah Vol 14 No 1 (2024)
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.v14i1.7645

Abstract

The research examined the problem of the legal protection of architectural works as copyright. It described the concept of the legal protection of architectural works based on the point of view of the philosophy of science and Islamic law. This research aimed to solve problems related to the infringement of architectural works as copyright through concepts in the philosophy of science and Islamic law. The research method used a philosophical approach and theoretical approach. The results showed that the legal protection of architectural works as copyrighted works from the epistemological point of view was based on the boundaries of science as obtained through experience. Then, it tested empirically to produce science with an objective, rational nature and methods carried out using science from acceptable and reliable researchers so that the results of architectural works by applying elements of culture, science and technology have the quality of works that are not in doubt of their authenticity. In Islamic law, the legal protection of architectural works leads to moral rights owned by the creator because of the principle of maslahah or public interest, which has the same concept as the Utilitarian theory proposed by Jeremy Bentham. Legal protection of architectural works as copyright refers to an epistemological point of view. Islamic law is based on moral rights as one of the inherent rights owned by the creator as the originality of the work that must be protected. In contrast, economic rights are considered an added value of the moral rights owned by the creator.
Sharia, Gender, and Science in the Construction of ‘Iddah: The Response of Banyumas' Ulamas Juliansyahzen, Muhammad Iqbal; Fadhilah, Eva; Syufaat, Syufaat; Zahro, Anisatuz
El-Mashlahah Vol 14 No 1 (2024)
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.v14i1.7917

Abstract

The development of science necessitates changes in various issues of human life, including matters of family law. One of the family law issues that often sparks debate is the issue of 'iddah. One of the reasons (reason) often found in the discussions of scholars is to ensure the cleanliness of the uterus from the fetus. If this argument is used as the main basis, it is refuted by the development of medical technology, which can ensure the cleanliness of the uterus in a relatively short time. Likewise, from a gender perspective, because the owner of the womb is only a woman, it cannot be exchanged. This study aims to analyze the extent to which Banyumas’ Ulama views respond to the development of science and gender discourse in the context of family law. This research is empirical legal research, analyzing the responses of Banyumas scholars. Researchers collected data from scholars who came from different religious organization backgrounds, namely Nahdlatul Ulama, Muhammadiyah, and al-Irsyad. These three are the organizations with the most followers in Banyumas. Banyumas became the locus of this research because there is a view that egalitarian principles are living values in society, as described in the chronicle historical texts (babad). The study concluded that the responses of the Banyumas Ulama were divided into two groups, namely textualists and semi-textualists. However, the semi-textualist group is more dominant among them. This research at the same time proves that the relationship between religion and science has not yet reached an integrative or even transdisciplinary level but is still at a dialogic level, and there is even a dualistic view.
Gender-Responsive Construction in Nikah-Kawin Traditions in West Java: A Qiwamah Perspective Sofiana, Neng Eri; Huda, Miftahul; Ismah, Nor; Purnomo, Agus; Aminuddin, Luthfi Hadi
El-Mashlahah Vol 14 No 1 (2024)
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.v14i1.7691

Abstract

Nikah-Kawin, a deeply rooted traditional marriage in West Java, has been passed down through generations in indigenous communities. This marriage differs from conventional marriage practices in several ways. In particular, women are given greater rights of choice, with some even taking on the responsibility of reciting the marriage vows. The article aimed to explore the gender-responsive construction in the nikah-kawin tradition of West Java communities through the concept of qiwamah. Using empirical legal research methods, this study utilizes primary data obtained from interviews, observations, and documentation. The findings reveal a gender-responsive construction shaped by the principles of qiwamah embedded in the nikah-kawin tradition of West Java communities. Interestingly, this constructed gender dynamic contributes to the formation of an egalitarian household environment. The presence of traditional guidelines upheld by these communities underscores their commitment to respecting and valuing women within the societal framework. This exploration highlighted how the uniqueness of nikah-kawin not only endures but also fosters a balanced and egalitarian approach to household life.
Land Reform Policy in Determining Abandoned Land for Halal Tourism Destination Management Based on Fiqh Siyasah Jaelani, Abdul Kadir; Rabbani, Anila; Hayat, Muhammad Jihadul
El-Mashlahah Vol 14 No 1 (2024)
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.v14i1.8051

Abstract

The government has established a policy of utilizing abandoned land to develop halal tourism. However, the critical question is whether this policy, based on siyasah fiqh, impacts Indonesia's economic development. The research analyzed land reform policies, which determine abandoned land for managing halal tourism destinations based on Fiqh siyasah. This study employed normative legal studies and secondary data. The research indicated that the use of abandoned land for halal tourism development is not grounded in Islamic jurisprudence, and it potentially violates the provisions of Article 27 paragraph (2) and Article 28D paragraph (1) of the 1945 Constitution of the Republic of Indonesia, leading to violations of human rights.
Bhag-Rembhag Sabhala’an as a Method of Resolving Religious Conflicts in the Madura Legal Tradition Safi', Safi'; Aidonojie, Paul Atagamen; Jufri, Muwaffiq; Garunja, Evis
El-Mashlahah Vol 14 No 1 (2024)
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.v14i1.7819

Abstract

Religion-based conflicts often occur in various regions, including Madura. However, there is an interesting conflict resolution, namely through the bhag-rembhag sabhala'an tradition. This research aims to determine the mechanism for resolving religious-based conflicts based on local wisdom through bhag-rembhag sabhala'an which is practiced in Madura. This research uses empirical legal research methods with socio-legal and anthropo-legal approaches, which result in the discussion that: First, the resolution of religious conflicts in the context of national law only focuses on efforts to give verdicts of heresy and guilt to parties who, by the religious majority community, are considered contrary to the understanding of the majority of religious believers, not on efforts to open dialogue and find ways of peace between conflicting communities. Second, the resolution of religious conflicts with the bhag-rembhag sabhala'an emphasises efforts to open dialogue between conflicting adherents by utilising local village figures to find a peaceful way and find a variety of similarities amid striking differences caused by the outbreak of religious conflict. Bhag-rembhag Sabhala'an has long been practised in Madura in the event of differences in understanding and religious conflicts, where humanist and peaceful approaches are preferred over violent ways of resolving conflicts. The real contribution of this research is that the mechanism for resolving religious conflicts based on local wisdom can be the primary choice for parties in resolving religious conflicts. This method prioritises peaceful solutions and respect for religious differences.

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