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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 2 (2024)" : 10 Documents clear
The Authority of Texts in the Dynamics of Ijtihad on Fiqh Mu'amalah Among Santri in Indonesia Mustofa, Imam; Setiawan, Wahyu; Maliki, Ibnu Akbar; Chamdan, Umar
El-Mashlahah Vol 14 No 2 (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.v14i2.8074

Abstract

Text is one of the most important elements for Muslims. It not only acts as a symbol but also a representation of authority that connects family identity among Muslim communities. In the world of pesantren (Islamic boarding schools), ijtihad is one means of reproducing text authority, including in the fiqh mu’amalah. The article aimed to examine the authority of the text in the ijtihad of the fiqh mu’amalah of Islamic boarding schools in Indonesia. The article is the result of normative legal research with a qualitative descriptive research design. Meanwhile, the research objects studied and examined were related to text and authoritative power in the ijtihad of santri (Islamic students) in pesantren (Islamic boarding schools). The study showed that as authoritative power, santri plays a role in transferring the text of the kitab kuning (yellow book) in the discourse of fiqh mu’amalah, both explicitly (qawli) and implicitly (ilhaqi), as legitimacy for the decisions made in the bahsul masail forum. Based on the concept of El-Fadl’s authority, the role of santri as the authoritative power of the text in ijtihad is based on five foundations, honesty and openness, sincerity in understanding "God’s will" in the text, the principle of comprehensiveness, rationalization of interpretation and search for "God’s command," and the ability to self-control in ijtihad. This study recommends that the bahsul masail methodology be preserved, either in the pesantren environment or formal education, affiliated with the pesantren. So, the religious texts are interpreted and read properly according to their context.
Post-Pandemic Digital Transformation in Zakat Management: Insights from Maqasid Syari'ah in South Kalimantan Maulida, Sri; Amruzi, Fahmi Al; Hakim, Budi Rahmat; Beik, Irfan Syauqi
El-Mashlahah Vol 14 No 2 (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.v14i2.7772

Abstract

The background of this study highlights significant social changes related to the digitalization of zakat (almsgiving) management, particularly in the context of post-Covid-19 pandemic recovery. The research aimed to examine the digital transformation in zakat management following the pandemic from a maqasid syari'ah perspective. The study employed an empirical legal research approach, with data collected through interviews. Respondents were academics, muzakki, and staff from zakat management organizations (BAZNAS and LAZNAS) in South Kalimantan Province. The interview data were transcribed and analyzed qualitatively using a coding process facilitated by Atlas.ti software, version 8. The findings found that digitalization of zakat management, classified as an element of hajiyyah, serves as a solution to support the fulfillment of Islamic legal obligations, prevent religious violations, provide ease in human life, and expand access to zakat, particularly during the post-pandemic recovery phase.
Unveiling Illegal Marriages in Aceh: Examining the Role of Unofficial Qadi Ramli, Misran; Rahmatillah, Syarifah; Nurdin, Abidin; Auliana, Nurul
El-Mashlahah Vol 14 No 2 (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.v14i2.8887

Abstract

In Acehnese communities, particularly in Bayu Village, illegal marriages conducted by unofficial qadi have been identified. These marriages are often carried out in secrecy, making it difficult to verify whether they meet the pillars and conditions of marriage according to Islamic law. The study aimed to examine the practice of illegal marriages conducted by the community of Bayu Village, Nanggroe Aceh Darussalam Province, from the perspective of Islamic family law. The research employed an empirical legal research method using a qualitative descriptive approach. The findings found out several cases of illegal marriages performed by unofficial qadi in Bayu Village. Couples intending to marry are required to fulfill specific conditions set by the qadi, including providing identity cards (KTP) of the prospective spouses, passport-sized photographs of the couple, witnesses, a dowry (mahr), and a guardian (wali) from the bride’s side. The prevalence of illegal marriages is from the community's limited understanding of the importance of marriage registration. From the perspective of Islamic family law, marriages conducted with unofficial qadi in Bayu Village constitute a deviation from religious principles, a violation of government regulations, and have negative implications for the community.
Securing Muslim Children’s Civil Rights: Debate on State Legal Policy towards The Issuance of Family Cards for Unregistered Marriage Couples Fakhria, Sheila; Mustofa, Kholifatun Nur; Ma’mun, Mohamad; Wahidi, Ahmad; Rachmatulloh, Mochammad Agus
El-Mashlahah Vol 14 No 2 (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.v14i2.8008

Abstract

The government, in ensuring children's identity rights, has issued a policy regarding the issuance of family cards for unregistered marriages. This policy facilitates access to birth certificate registration for children from unregistered marriages. However, in practice, the implementation of this policy has sparked issues among judges and marriage registrars. The research was to analyze the debates surrounding the state legal policy on the issuance of family cards for couples in unregistered marriages in an effort to protect the civil rights of Muslim children. The study was an empirical legal research with a socio-legal approach. Primary data was obtained from legal officials from the KUA and religious courts in Kediri to describe the debates surrounding this regulation, which were then analyzed using the theory of contestation. The findings of this study indicated that children's rights in Islamic families include administrative rights as citizens and inherent rights as members of the Muslim family. The policy regulating the issuance of family cards for couples in unregistered marriages has become a polemic among Islamic legal officials, such as religious court judges, headmen, and KUA officials because it is seen as conflicting with the established Islamic family marriage rules in Indonesia. The meeting point between the two has not yet fully matured, as Islamic legal officials seek clearer regulations, emphasizing that couples in nikah siri should immediately conduct isbat nikah at the Religious Court.
Living Ihya and Harmonizing the Spiritual Essence: Sheikh Washil's Fiqh-Sufistic as the Bedrock of Spiritual-Based Islamic Law in Nusantara Faiz, Muhammad Fauzinudin; Dakhoir, Ahmad; Ali, Zezen Zainul; Amal, M. Khusna
El-Mashlahah Vol 14 No 2 (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.v14i2.8551

Abstract

The harmonization of Islamic law through the spiritual dimension and the transformation of Islamic teachings in seems to be a disconnect between the spiritual essence of Islam and its legal framework in contemporary times. This disconnect raises questions about the extent to which current Islamic law fully embraces the spiritual principles that have become an integral part of the Nusantara heritage. Therefore, this research aimed to explore how Sheikh Washil's fiqh-sufistic can function as an Islamic legal framework, based on the spiritual principles of the Nusantara and answer contemporary issues. This research used an interdisciplinary approach with two approaches, History and Islamic Law. This research explored the literature of Sheikh Washil including his contribution to Islamic law. The findings of this study: first, fiqh-sufistic contributes to spiritual studies within a legal framework in order to understand and practice the characteristics of Islam Nusantara with an inclusive approach through the values of living ihya in da'wah and thought. Second, fiqh-sufistic presents a balanced approach to Islamic law, which is in harmony with the cultural context and heritage. The integration of fiqh-tasawuf shows the harmonization of Islamic law and the transformation of Islamic teachings in the context of the Nusantara. Third, the prevalence of fiqh-sufistic has had a transformative impact on the inclusive religious landscape, encouraging a deeper understanding of Islam as a way of life, not just a set of legal rules.
Islamic Jurisprudence and Local Wisdom in the Humanitarian Protection of Rohingya Refugees by Acehnese Figures Fahmi, Mutiara; Djawas, Mursyid; Sumardi, Dedy; Husna, Asmaul
El-Mashlahah Vol 14 No 2 (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.v14i2.8958

Abstract

The political conflict in Myanmar has resulted in a massive exodus of the Rohingya ethnic group from their country. The acceptance of Rohingya refugees in Aceh has sparked a societal dialectic due to the increasing number of refugees. The study focused on Islamic jurisprudence and local wisdom according to influential figures in Aceh in the protection of Rohingya immigrants. The empirical legal research method was deemed appropriate to analyze the conflict between the application of Islamic law in Aceh and the rejection of Rohingya refugees. The Islamic legal approach and local wisdom were important to analyze the context of Aceh's society, which is religious and highly values its customs. This study reveals that the handling of Rohingya refugees in Aceh, according to the views of ulama, academics, political leaders, and UNHCR Indonesia representatives, emphasizes Islamic values, Acehnese local traditions, and government policies. Ulama stresses the moral and religious obligation to assist refugees, following the Teurimong Jame tradition. Political leaders highlight the importance of government regulation to prevent negative social impacts, while UNHCR emphasizes the application of international refugee protection principles. Collaboration between society, the government, and International organizations is key to a humanitarian and structured approach to addressing the issue.
Prioritizing Restorative Justice in the Settlement of the Sumbang Besak Adultery Case in Babeko Village, Jambi Fitri Habi, Nuraida; Adawiyah, Robi'atul; Harun, Hermanto; Kurniawan, Ardian; Roni, Rusli Abdul
El-Mashlahah Vol 14 No 2 (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.v14i2.8030

Abstract

This research examined resolving customary violations of sumbang besak in Babeko Village, Jambi, by prioritizing restorative values in customary law. Research in the context of this social realm tried to look at customary law as a whole, whether it is still regressive or is influenced by the significance of restorative discourse, which has been progressive. The aim of this research was not only to find out the mechanism for resolving conflicts and imposing punishment but also to look at the role and concept of traditional law in Babeko Village restoring disturbed relationships. Using empirical research methods and an anthropological juridical approach, data was collected through interviews with traditional leaders, observations of traditional communities, and documentation and review of related literature. The findings of this research find out the strength of the Babeko Village customary legal system, which has successfully implemented a restorative approach by prioritizing the recovery of victims, violators, and affected communities. Prioritizing dialogue and reconciliation is important in resolving cases, to produce fair and sustainable results. This concept can then become a reference in the development of the national legal system, specifically in alternative dispute resolution models.
Internalization of Local Traditions in Child Marriage from the Perspective of Maqasid Al-Usrah Naimah, Farida Ulvi; Rokhman, Mauhibur; Hali, Ali Usman; Maarif, Muhammad Anas; Sirojuddin, Akhmad
El-Mashlahah Vol 14 No 2 (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.v14i2.7942

Abstract

Child marriage is still widely practiced in many regions of Indonesia, justified by theological reasons that it is entirely permissible. Marrying children at a young age is also seen by many as an achievement, as it is believed to help prevent them from engaging in promiscuous behavior. These issues have prompted research into child marriage from the perspective of maqāṣid al-usrah. The article aimed to describe the internalization of the Sundanese tradition into child marriage law from the maqāṣid al usrah perspective. This article used qualitative field research with sociology, anthropology, and usul-fiqh approaches. Data collection techniques were interviews, participant observation, and documentation. The informants were the head of KUA (Office of Religious Affairs), mudin (imams), religious leaders, and education practitioners. The study showed that the pattern of internalizing the Sundanese tradition into child marriage law is dominant, assisted by religious leaders as a catalyst to allow child marriage laws. There is a product of fiqh in the internalization of child marriage law, entitled the book Kitab an-Nikah. But, according to maqāṣid al-usrah, the child marriage law in Brebes is irrelevant.
The Preemptive Approach of Ulama in Aceh to Eradicating Corruption Ali, Bukhari; Hanapi, Agustin; Salam, Abdul Jalil; Syauqi, Muhammad; Filzah, Nadhilah
El-Mashlahah Vol 14 No 2 (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.v14i2.8885

Abstract

Corruption in Aceh has become a serious issue, with its corruption rates over the past decade being above average compared to other provinces in Sumatra and nationally. Efforts to eradicate corruption do not solely rely on law enforcement agencies but also require the participation of various parties, including religious leaders. The study aimed to analyze the perspectives and participation of ulama (scholars) in Aceh in combating corruption. It employed an empirical legal research method with a sociological anthropological approach. The results of this study indicated that corruption in Aceh was a complex issue that requires a holistic approach and cross-sector collaboration. Ulama plays an important role in eradicating corruption through preaching and religious education that instills the values of amar ma’ruf nahi munkar (enjoining what is good and forbidding what is wrong). However, their involvement is limited to the general public without direct access to policymaking. Effective efforts require synergy between ulama, law enforcement, the government, and society to create a corruption-free culture.
Women's Inheritance Rights in Indonesia from the Perspective of the Triangular Concept of Legal Pluralism Suharsono, Agus; Prasetyoningsih, Nanik; Usman, Sunyoto
El-Mashlahah Vol 14 No 2 (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.v%vi%i.7657

Abstract

Indonesia's plural legal system, which includes Islamic, customary, and national laws, often leads to disparities in women's inheritance rights, particularly when national and customary laws interact, frequently disadvantaging women. This study aims to analyze the inheritance rights of girls in Indonesia through the lens of Wermer Menski's triangular concept of legal pluralism. It Utilizing uses a doctrinal approach focusing on legislative frameworks, concepts, cases, and interpretations,. Then, the research relies on secondary data, including primary and secondary legal materials, to draw conclusions and make recommendations. The findings reveal that inheritance rights are typically reserved for sons in patrilineal societies, while daughters are excluded but may receive gifts from the inheritance. Customary law prioritizes family harmony in inheritance distribution, allowing dissatisfied parties to pursue legal action. However, judicial decisions at lower courts vary, with some adhering to customary law that denies daughters inheritance rights while others apply state law granting daughters equal rights. The Supreme Court's Cassation Decision Number 197K/Sip/1961 affirmed equal inheritance rights for daughters, a consistently upheld stance culminating in jurisprudence Number 3/Yur/Pdt /2018. Analyzing this development through Menski's legal pluralism model suggests that women's inheritance rights in Indonesia have evolved to from level- 2 to level- 4, recognizing international legal influences. Meanwhile, Level- 5 is not by Indonesian law because the element of religious law is removed and replaced with natural law. For Level 5 to follow Indonesian law based on the Almighty God, further research is still needed.

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