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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 15 No 1 (2025)" : 10 Documents clear
Maslahah-Based Protection of Fund Recipients in Fintech Lending Through Empowerment and Justice Noor, Afif; Maskur, Ali; Kholiq, Arifana Nur; Rurkinantia, Aisa; Saifudin, Saifudin; Adila, Arina Hukmu; Maruf, Maruf
El-Mashlahah Vol 15 No 1 (2025)
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.v15i1.7786

Abstract

The rapid growth of fintech lending in Indonesia requires adequate regulation and protection for consumers, especially fund recipients, who face high risks such as intimidation and sexual harassment, high-interest charges, and misuse of personal data by fintech lending platforms. For this reason, protecting fund recipients is a primary need because it involves protecting life and property, which is integral to the benefit of maqashid sharia. The main objective of this research was to detail the concepts of empowerment and justice as pillars of protection for fund recipients in fintech lending from a maslahah perspective. The research used normative juridical methods with statutory and conceptual approaches and analyzed secondary data from document studies in a descriptive qualitative. The results showed that empowerment and protection of fund recipients in fair fintech lending align with the principle of maslahah, contribute positively to the welfare of society, and support the growth of a sustainable fintech lending industry ecosystem, and offering hope for a better future.
Are Fatwas Visible on New Media? Dissemination of the Fatwas of the Indonesian Ulama Council on Instagram Mualimin; Oztunc, Mustafa; Isman, Aytekin; Yunaldi, Ari; Saliro, Sri Sudono; Widodo, Anton; Aziz, Nana Abdul
El-Mashlahah Vol 15 No 1 (2025)
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.v15i1.7879

Abstract

The emergence of new media has a considerable impact on religion, including religious authorities’ dissemination of religious information and fatwas. This article explored on how exposure to new media affects the dissemination of religious information. Specifically, this article aimed to analyze the dissemination of the Indonesian Ulama Council (MUI) fatwa on Instagram. The article is a normative legal study of contemporary Islamic laws. Data has been collected by observing posts by the Indonesian Ulama Council (MUI) on Instagram from 2017 to 2023. The data was analyzed using content analysis methods with a socio-legal approach. This approach highlighted how fatwas work as legal norms disseminated, accepted, and interpreted by society on social media. This study found that from 2017 to 2023, there were 1093 content posted on the official Instagram account of the Indonesian Ulama Council (MUI). However, of all the content, only 9.6% (105 posts) were related to fatwa. This study also found that the posted of fatwa content tends to be response-based rather than indeed programmed in a conceptualized and patterned way to build Islamic law literacy in the community. Based on these findings, it concluded that Instagram has yet to be used as a tool to build public fatwa literacy and a medium for disseminating Islamic law issued by the Indonesian Ulama Council has. The findings have significance as an academic reference for the Indonesian Ulama Council (MUI) and religious authority institutions in Indonesia in designing religious fatwa dissemination policies in response to the exposure of new media.
Islamic Law and Local Religious Interpretations in the Samin Community of Central Java Subakir, Ahmad; Wakhidah, Nur; Nazir, Muhammad; Sholihah, Mida Mar'atus
El-Mashlahah Vol 15 No 1 (2025)
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.v15i1.7886

Abstract

The Samin community's local religion was interpreted as Islam by the village government. It led some groups of the Samin community to accept and others to reject this interpretation. The article aimed to explore the implications of Islamic law on the interpretation of local religion in the Samin community in Central Java. The research employed an empirical legal approach and ethnographic perspective. Primary data was obtained using observation, interview, and documentation techniques, which were then analysed using the theories of the rule of law, al-adah muhakamah, and thick description. The study demonstrated the impact of Islamic law on the local religion of the Samin community, particularly on groups that accept the interpretation of Islam, which affects how Islamic law is applied to them. Marriages are conducted through the Religious Affairs Office. Meanwhile, divorces are handled by the Religious Court. The acceptance of Islamic law by the Samin group has had an impact on legal certainty. 
Localizing Islamic Law: Marriage Practices and the Pak Ponjen Tradition in Kudus Ngazizah, Inna Fauziatal; Ismayawati, Any; Jalil, Saidatul Najihah binti Abdul; Karim, Muchamad Busrol
El-Mashlahah Vol 15 No 1 (2025)
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.v15i1.8906

Abstract

The pak ponjen’s marriage tradition in Pasuruhan Lor Village, Kudus, is an interesting example of how Islamic law interacts with local traditions. With its strong symbolic and social values, this tradition unites the families of the bride and groom, and strengthens the social bonds of the community. The research aimed to study the meaning, usage, and legal status of the pak ponjen tradition, as well as how this tradition adapts to modern developments and globalization. This study used a qualitative field-based approach and involves seven informants from community leaders and local residents. This study found that parents express gratitude to Allah SWT for their ability to marry off their youngest child. Pak ponjen’s tradition includes sungkeman, ubengan, dulangan, giving bags, and prayers. The fact, this tradition is adapted to Islamic principles, such as the recitation of salawat and prayers, which shows a balance between customs and Islamic law. This tradition falls into the ‘urf sahih in Islamic law because it does not contradict the sharia and is beneficial to the community. Therefore, the tradition of pak ponjen not only serves as a symbol of cultural identity but also as a heritage that must be preserved while adhering to Islamic principles.
Reconstructing Waqf Share Policies: A Maqashid Sharia Approach with Insights from Indonesia Siddiq, Achmad; Hariyanto; Maula, Ismatul; Meidina, Ahmad Rezy; Arafah, Siti
El-Mashlahah Vol 15 No 1 (2025)
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.v15i1.9029

Abstract

Waqf shares have great potential in supporting social justice, economic empowerment, and sustainable development. However, existing regulations have not been able to fully address the complexity of this instrument. This research analysed and reconstructed the policy of waqf shares in Indonesia through the maqashid sharia approach based on Jasser Auda's system theory. Using qualitative methods through document study and policy analysis, this study examined the compatibility of waqf share policies with the main objectives of sharia, the protection of religion, soul, mind, offspring, and property. The results showed the need for policy reconstruction to establish a waqf share ecosystem that is inclusive and adaptive to modern economic dynamics. Recommendations include strengthening regulations, innovating Islamic financial instruments, and synergising between the government, financial institutions, and religious authorities. The findings contribute to the formulation of a sharia-compatible waqf share policy that is responsive to national socio-economic needs.
Gender Analysis in the Islamic Law-Based Ecofeminism Movement for Ecosystem Protection Ihyani Malik; Karimullah, Suud Sarim; Huseyin Okur; Rahman
El-Mashlahah Vol 15 No 1 (2025)
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.v15i1.9040

Abstract

This study analyzes how the principles of Islamic law can be integrated with the ideas of ecofeminism to create more inclusive and sustainable environmental policies. This study uses an intersectional approach with comprehensive literature analysis and gender analysis frameworks to understand how social identity affects women's participation in ecofeminism and environmental protection based on Islamic law principles. The results of the study state that the integration of the principles of ecofeminism and Islamic law has excellent potential to create fair and sustainable environmental policies based on justice ('adl), balance (mizan), and responsibility (khalifah). The concept of khalifah affirms the role of humans as custodians of the earth, provides a theological basis to support environmental conservation and inspires collective responsibility, including the role of women as essential agents. Programs that give women access to land and natural resources increase their participation in agriculture and environmental management, reduce poverty, and strengthen their role as agents of change. However, challenges such as resistance from patriarchal communities, lack of financial and technical support, and the need for ongoing education and training must be overcome. Technology also plays a crucial role in supporting inclusive and sustainable environmental policies.
Children’s Legal Identity at Stake: Reconstructing Maqasid al-Syari'ah through Marriage Isbat Applications by the Second Generation in Pasuruan Rifqi, Muhammad Jazil; Nadhifah, Nurul Asiya; Hadi, Mukhammad Nur; Junaidy, Abdul Basith; Solikin, Agus
El-Mashlahah Vol 15 No 1 (2025)
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.v15i1.9068

Abstract

The article explored the issue of legal identity among children born from nikah siri (unregistered marriages) in Pasuruan, Indonesia, who pursue isbat nikah to formally legalize their parents’ undocumented married. Based on earlier research that focused primarily on the marital relationship, the study highlighted a generational shift, wherein children from these married are no longer passive observers but active legal participants seeking access to inheritance, educational entitlements, and official guardianship. Utilizing a socio-legal qualitative methodology, the research employed interviews with petitioners, religious court judges, and representatives from the Office of Religious Affairs. The findings found out that isbat nikah serves not only as a corrective legal process but also as a strategic means to reintroduce excluded families into the formal legal framework of the state. From the theoretical view of maqasid al-syari'ah, the study shows how Islamic legal objectives including the preservation of lineage (hifz al-nasl), the pursuit of justice (‘adl), and the safeguarding of dignity (hifz al-‘ird) are being reshaped through judicial interpretation and community practice. The study enriched current discourse on legal pluralism, reform in Islamic family law, and the emergent role of youth in engaging with religious legal institutions. Although its scope is limited to Pasuruan, the research provides a foundation for comparative investigations into how second-generation actors operate within overlapping legal systems across Muslim-majority societies.
Negotiating Legal Pluralism: Syncretism of Islamic Law and Balinese Adat in Pegayaman Village Irawan; Zayadi; Saihu, Made; Darwis Hude; Nasaruddin Umar
El-Mashlahah Vol 15 No 1 (2025)
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.v15i1.9072

Abstract

Pegayaman, the sole Muslim village in Bali surrounded by Hindu communities, offers a unique context for exploring the interaction between Islamic law and local Hindu cultural traditions. The study examined how Islamic law is negotiated and practiced in the context of Hindu cultural dominance. Using an empirical legal research framework with a socio-legal approach, data were collected through field observations and in-depth interviews with Muslim traditional leaders, religious figures, residents, and migrants. The findings indicated that syncretic practices in Pegayaman do not undermine the Islamic creed (‘aqidah) but rather reflect a process of internalizing and negotiating Islamic values within the local cultural context. Rooted in the base meme philosophy emphasizing cultural heritage, tolerance, and social harmony, these practices manifested in religious celebrations and social rituals. From an Islamic legal perspective, such adaptations may be regarded as ‘urf sahih provided they do not conflict with Sharia principles. Thus, the study highlighted the significance of contextualizing Islamic law in pluralistic societies, demonstrating that cultural accommodation need not imply theological compromise.
Dayak Ngaju Customary Sanctions as a Rehabilitation Mechanism for Drug Addicts in Central Kalimantan Anwar, Khairil; Saefulloh, Ahmad; Surawan, Surawan; Nalus, Syafrul; Zuzanti, Zakia
El-Mashlahah Vol 15 No 1 (2025)
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.v15i1.9813

Abstract

The high number of drug addicts who have been successfully rehabilitated in Central Kalimantan (2,982 people) in the last 7 years always relates to the role of Dayak tribal leaders. Drug abuse is a significant threat to social cohesion and the sustainability of Dayak culture. The research aimed to analyze how Dayak Ngaju customary sanctions are applied in the rehabilitation of drug addicts and their impact on preserving cultural values. The study was a qualitative approach and used in-depth interviews and participant observations to collect the data from traditional figures and Dayak communities. The findings showed that Customary Sanctions function not only as a form of punishment but also as an effective rehabilitation tool, fostering a sense of accountability and strong social bonds. The study’s implications underscore the importance of integrating local wisdom into drug abuse prevention efforts as a means to reinforce the community’s social and cultural networks. Future research is recommended to explore the long-term effectiveness of these sanctions in preventing relapse and to compare similar practices across Indigenous communities.
Inheritance Law Politics: The Implementation in Muslim-Nonmuslim Families in Southern Thailand Lathifah, Anthin; Briliyan Erna Wati; Mustakama Waeduereh; Nipatimoh Phudaro
El-Mashlahah Vol 15 No 1 (2025)
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.v15i1.9970

Abstract

The applicable law in a country is determined by the politics, including Muslim-non-Muslim inheritance law applicable in the Southern Thailand region, which is a Muslim-majority region in a Buddhist-majority country. The article aimed to describe the influence of politics in determining the implementation of Muslim-non-Muslim inheritance law in Thailand. The article was the result of socio-legal research with a legal political approach. Primary data sources were obtained from interviews with civil courts, Ulama at the Islamic Religious Council, parties involved in legal assistance in court, and Muslim-non-Muslim families who carry out inheritance law division. Meanwhile, secondary data were obtained from relevant documents. The study showed that the politics in Thailand have implications for the flexibility of inheritance law in Muslim-Non-Muslim families, which consists of three inheritance distribution patterns. First, Optional of the family is free to determine the law used in the inheritance division. This pattern is practiced by the majority pattern implemented in Thailand. Second, compromise, namely the Court and the Islamic Religious Council compromise to determine Muslim-non-Muslim inheritance law. And, Contestation, Islamic law contests with Buddhist law. The pattern of inheritance distribution between Muslim and non-Muslim families in Thailand shows flexibility of the state in implementing civil inheritance law. Also, the position of Islamic family law, especially inheritance law, is considered quite strong.

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