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El-Mashlahah
Published by Universitas 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 16 no 1 (2026)" : 10 Documents clear
Rehabilitative Sentencing for Narcotics Addicts within the Framework of National Law and Maqasid Syari’ah Andri Winjaya Laksana; Ida Musofiana; Alwan Hadiyanto; Ahmed Kheir Osman; Ahmed Rabie Hassan
El-Mashlahah Vol 16 No 1 (2026)
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.v15i2.10409

Abstract

Narcotics-related crimes are classified as extraordinary crimes that threaten not only individual lives but also the broader fabric of society. Narcotics addicts, while legally considered offenders, are in fact self-victimizing individuals whose behavior is driven by dependency and loss of self-control. Rehabilitative sentencing offers a progressive alternative to punitive approaches by prioritizing treatment, recovery, and reintegration over retribution. This study aimed to critically examine the implementation of rehabilitative sentencing for narcotics addicts within Indonesia’s legal framework, while simultaneously analyzing its compatibility with the higher objectives of Islamic law (maqasid syari’ah).  moreover, this study adopts a socio-legal (juridical-sociological) approach, combining normative legal analysis with empirical insights from social behavior and community responses. It explores how rehabilitative sentencing is implemented within Indonesia’s legal framework and assessed through the lens of Islamic criminal law. Indonesian Law No. 35 of 2009 on Narcotics, along with supporting regulations, formally provides mechanisms for rehabilitation. However, sociological findings reveal persistent challenges in practice, including legal stigma, institutional capacity gaps, and public skepticism toward non-custodial measures. Meanwhile, Islamic criminal law, through the taʿzir framework, supports rehabilitation as a form of moral and social correction, rooted in the higher objectives of Islamic law (maqasid syari’ah), particularly the protection of life (hifz al-nafs), intellect (hifz al-‘aql), and public welfare (hifz al-maslahah al-‘ammah). The study concludes that successful implementation of rehabilitative sentencing requires not only regulatory readiness but also societal acceptance and alignment with ethical-legal values grounded in both national and Islamic legal traditions.
The Hindrance of Divorce due to Singer Avoidance in Dayak Muslim Society Abdul Khair; Muhammad Norhadi; Rabiatul Adawiyah; Zainatul Fatmah
El-Mashlahah Vol 16 No 1 (2026)
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.v16i1.9039

Abstract

For the Dayak Muslim community, marriage agreements attempt to minimize divorce by imposing singers. However, for those experiencing marital problems but unable to pay singers, they might not divorce even after long periods of separation. This condition creates legal uncertainty. The study aimed to analyze the hindrances of divorce due to the singer's avoidance in the Dayak Muslim community. The research was empirical legal research in Gunung Mas Regency. Moreover, it used a juridical-sociological and socio-legal approach. Primary data were validated using triangulation techniques and analyzed in the context of relevant theory. The findings indicated that the application of singers in Dayak customary marriage agreements is formalistic, imposing sanctions for those who file for divorce without considering the fault of either party. This condition creates legal uncertainty because couples tend to live apart without a formal divorce due to the economic burden of customary sanctions. Therefore, rechtsvinding by customary authorities is needed through a more substantive approach to determining responsibility based on fault.
Cross-Jurisdictional Reporting Standards for Cash Waqf: A Comparative Normative Legal Study of Indonesia and Malaysia Bagas Heradhyaksa; Nur Khoirin; Mustla Sofyan Tasfiq; Ahmad Wahyudi; Islamiyati; Wawaysadhya
El-Mashlahah Vol 16 No 1 (2026)
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.v16i1.9143

Abstract

Cash waqf holds real promise for Islamic social finance. Its potential, however, has not been matched by equally reliable governance. This study fills that gap by conducting a comparative normative analysis of reporting obligations and transparency standards in cash waqf governance across Indonesia and Malaysia. It proposes a cross-jurisdictional minimum standard that can serve both institutional models without displacing either. This study adopts a doctrinal (normative) legal approach with a comparative method, analysing Indonesia’s legal instruments and the enactments of Malaysian states, as well as the concepts of accountability, transparency, and good governance. The findings show that while both countries recognize reporting as a governance instrument to ensure accountability, there are differences in institutional design and standardization. Indonesia applies an integrated system with reporting obligations from nazhir and LKS-PWU, but there is a risk of fragmentation without standardized publication formats. In contrast, Malaysia employs a state-based system, where SIRC/MAIN centralizes reporting obligations, but variations across states could reduce comparability and uniform minimum disclosure. This normative contribution advances the discourse on Islamic waqf governance by offering an actionable minimum standard that bridges two divergent institutional models, centralized national regimes and decentralized state-based systems, thereby filling a critical gap in cross-jurisdictional waqf governance scholarship.
An Integrative Preventive-Curative Model for Child Victims of Domestic Violence in Ambon City from an Islamic Family Law Perspective Rizal Darwis; Zumiyati Sanu Ibrahim; Lahaji; Andiani Rezkita Nabu; La Jamaa; Syarifuddin; A. Zamakhsyari Baharuddin
El-Mashlahah Vol 16 No 1 (2026)
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.v16i1.10444

Abstract

Domestic violence causes multidimensional harm to children, yet existing responses remain partial, failing to integrate legal, psychological, spiritual, and local values. The qualitative case study in Ambon City, Indonesia, aimed to formulate an integrative preventive-curative model for child victims of domestic violence grounded in Islamic family law, Indonesian positive law, and maqāṣid al-syarī‘ah. Data were collected through semi-structured interviews with 20 informants (children, mothers, educators, psychologists, religious leaders, traditional leaders, and government officials) and a literature review. Then, the data analyzed using the Miles & Huberman model with a normative-Islamic legal approach, resulting in rechtvinding. Findings revealed a chronic trauma in children, including emotional disorders, educational neglect, post-traumatic stress disorder (PTSD), and depression. As its main scientific contribution, the particular study proposed a novel integrative preventive-curative model that synergizes Islamic family law, national legal instruments, and local institutional wisdom (saudara kawin) to achieve holistic child protection (maṣlaḥah al-ṭifl). The study concluded that tripartite synergy is essential for culturally grounded, replicable interventions for domestic violence-affected children in Muslim-majority contexts.
Inheritance Rights of Children Born Outside Marriage in Mixed Marriages: Normative Conflicts and Harmonization under Indonesian Law Titik Triwulan Tutik; Nur Syam; Tri Hidayati; Agus Aditoni; Mahtumridho Ghufron bin Simun
El-Mashlahah Vol 16 No 1 (2026)
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.v16i1.10485

Abstract

Indonesia’s pluralistic legal system generates persistent uncertainty on the inheritance rights of children born out of wedlock (marriage), particularly in mixed marriages where Islamic law, civil law, and nationality law intersect. Normative inconsistencies among these legal regimes create disputes concerning filiation, child recognition, and inheritance entitlement. The particular study examined the inheritance rights of extramarital children (also known as children born out of wedlock) in mixed marriages by analyzing the interaction between Indonesian legal norms, the implications of Constitutional Court Decision No. 46/PUU-VIII/2010, and comparative developments in selected Muslim-majority jurisdictions. Employing a normative juridical approach, the study combined statutory, conceptual, comparative, and maqāṣid al-syarī‘ah analyses of legal systems in Malaysia, Morocco, Tunisia, Turkey, Pakistan, Bangladesh, Jordan, and Egypt. The findings found out a fundamental conflict between the Civil Code and the Compilation of Islamic Law (KHI). While the Civil Code recognizes inheritance rights arising from paternal acknowledgment, KHI limits lineage and inheritance to the maternal line. Although Constitutional Court Decision No. 46/PUU-VIII/2010 expanded civil relations between extramarital children and their biological fathers through scientific evidence, the absence of implementing regulations has produced inconsistent judicial interpretations. Comparative analysis demonstrated a growing tendency among Muslim-majority countries to strengthen child protection through maqāṣid-based legal reforms. In Indonesia, the expansion of mandatory bequests (wasiat wajibah) offers a practical mechanism for achieving inheritance justice without altering Islamic lineage doctrine. Legal harmonization, therefore, requires comprehensive regulation that prioritizes the best interests and welfare of the child while maintaining coherence between Islamic and constitutional principles.
Evaluating Cryptocurrency Through Islamic Law: Ethical Advantages and Economic Benefits Nameer Hashim Qasim
El-Mashlahah Vol 16 No 1 (2026)
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.v16i1.10566

Abstract

The article deals with the ongoing legal and ethical controversy on the ability of cryptocurrency to be reconciled with the concept of Islamic finance, especially the fact that riba, garar, and maysir are forbidden, and that transparency, justice, and the common good must be upheld. The article aimed to understand the permissibility of cryptocurrency in the Islamic law context based on the jurisprudential component, technical transparency, market stability, decentralized compliance capacity, and socio-economic utility. The article used normative juridical research that was subject to comparative analytical framework, which combined doctrinal Islamic legal analysis with technical and economic indicators. Moreover, it was based on five dimensions: jurisprudential evaluation, blockchain transparency, volatility and stability, decentralized compliance, and economic utility. The results indicated that cryptocurrency cannot be either categorized as halal or haram; instead, its Shariah is conditional and asset-based. Stellar exhibited the best jurisprudential alignment, Cardano and Ethereum delivered the most successful results in transparency indicators, Solana and Bitcoin had a comparably more stable risk profile, Ethereum and Polygon had the best decentralized compliance capability, and Celo and Stellar had the best inclusion and efficiency results. The article found out that cryptocurrency must not be permitted or prohibited in the Islamic law but rather by a multidimensional evaluation of its legal framework, design, market dynamics, and social-economic impact.
International Arbitration in Indonesia after Constitutional Court Decision No. 100/PUU-XXII/2024: The Urgency of Resolving Enforcement Challenges Yati Nurhayati; Ifrani; M. Yasir Said; Muhammad Hendri Yanova; Parman Komarudin
El-Mashlahah Vol 16 No 1 (2026)
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.v16i1.10669

Abstract

Despite the issuance of Constitutional Court Decision No. 100/PUU-XXII/2024, legal uncertainty concerning the recognition and enforcement of international arbitral awards remains a significant challenge to the effectiveness of international arbitration in Indonesia. The particular study examined the legal implications of the Constitutional Court's removal of the term “deemed” from Article 1(9) of the Arbitration Law. Moreover, it proposed an ideal framework for determining the international character of arbitral awards under Indonesian law. The research employed a mixed method that combines normative legal research and case analysis through statutory, conceptual, case, and historical approaches. The findings revealed that Constitutional Court Decision No. 100/PUU-XXII/2024 has not fully resolved the legal uncertainty surrounding the distinction between domestic and international arbitral awards. While the decision reinforces a territorial approach based on the place where an award is rendered, it does not establish clear criteria for determining the international character of arbitral awards, thereby hindering the harmonization of their recognition and enforcement. The study further found that the Indonesian Arbitration Law remains inconsistent with the UNCITRAL Model Law on the definition and classification of international arbitral awards. To address this issue, the study proposed a broader territorial approach aligned with the UNCITRAL Model Law, incorporating international elements as determining factors, including the application of foreign law, the selection of foreign arbitral institutions or arbitrators, international civil legal relationships, and foreign elements within the factual circumstances of a dispute. This framework contributed to strengthening legal certainty and enhancing the recognition and enforcement of international arbitral awards in Indonesia.
Transcendental Emancipatory Unification of Family Law in Muslim Majority Countries in Southeast Asia Martha Eri Safira; Iffatin Nur; Abdul Mun’im Saleh; Uswatul Khasanah; Raihanah binti Abdullah
El-Mashlahah Vol 16 No 1 (2026)
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.v16i1.11211

Abstract

Transcendentally, the basis of legal reform in Muslim-majority Southeast Asian countries includes cultural and religious pluralism, social justice, modernity and tradition, globalization and interconnectivity, and politics and policy. Emancipatory family law reform is not only related to moral values. But it is also influenced by government policies, political dynamics, and the formation of laws that are responsive to the rights of children and women. The study aimed to analyze the politics of family law unification in Indonesia, Malaysia, and Brunei Darussalam and efforts to unify family law to protect women and children from an emancipatory transcendental perspective. The research method was normative empirical. Data analysis carried out inductively and structured from the politics of the formation and renewal of family law in Southeast Asia: Indonesia, Malaysia, and Brunei Darussalam. Through this research analysis, it concluded that political initiatives for family law reform are influenced by pressure from civil society, non-governmental organizations, human rights movements, and gender equality. Family law reform reflects power relations in society. Emancipatory transcendental analysis can deeply explore the structure of family law as a foundation for maintaining or changing policy direction, particularly regarding gender and individual rights under family law. This analysis creates the concept of emancipatory transcendental politics, which combines religious, customary, and Western law and creates gender equality and social justice in efforts to unify family law in Indonesia, Malaysia, and Brunei Darussalam.
Reconstructing Islamic Criminal Liability for Economic Crimes: A Maqasid-Based Framework for Indonesia’s Sharia Finance Imroatul Azizah; Mabarroh Azizah; Saiful Bakhri; Suqiyah Musafa'ah; Amang Fathurrohman; Shofa Robbani
El-Mashlahah Vol 16 No 1 (2026)
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.v16i1.11254

Abstract

The rapid expansion of Islamic finance in Indonesia has generated significant legal ambiguity in distinguishing civil contractual breaches from criminal economic misconduct under Sharia-compliant transactions. This ambiguity weakens legal certainty, complicates judicial enforcement, and challenges judges, regulators, and Sharia supervisory institutions in addressing increasingly complex financial misconduct involving corporate structures, digital finance, and systemic fraud. The particular study aimed to reconstruct Islamic criminal liability for economic crimes through a maqāṣid-based framework applicable to Indonesia’s contemporary Sharia finance system. Employing a normative-interpretive approach, the study integrated philosophical-normative, comparative, and functionalist-pragmatic analyses of classical fiqh jinayah, uṣul fiqh, KHES, DSN-MUI fatwas, and contemporary legal scholarship on economic crime and corporate liability. The findings revealed that the distinction between civil and criminal liability fundamentally depends on two interrelated criteria, namely intentional corruption (qaṣd ifsad) and systemic or compound harm (darar ‘amm/murakkab). Based on these findings, the study formulated the “Three-Pillar Framework” and the “Tiered Maqasidi Model” as systematic mechanisms for determining criminal liability in contemporary Islamic economic activities. The study contributed to the development of fiqh jinayah and maqāṣid syarī‘ah by extending Islamic criminal liability to corporate, participatory, and systemic economic crimes while providing an operational framework for judges, regulators, and Sharia supervisory institutions. Accordingly, the proposed framework offered a systematic foundation for distinguishing civil liability from criminal responsibility in contemporary Islamic finance.
Islamic Legal Ethics in Faith-Based Addiction Recovery: A Socio-Legal Model of Behavioral Transformation Ahmad Saefulloh; Tobroni; Zainap Hartati; Kadar Risman; Riza Awal Novanto; Zakia Zuzanti; Saprun; Moncef Ben Abdeljelil
El-Mashlahah Vol 16 No 1 (2026)
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.v16i1.11331

Abstract

The study examines how Islamic legal ethics has functioned as an organizing logic in addiction recovery within a faith-based rehabilitation context. Conventional approaches to drug rehabilitation often emphasize biomedical and behavioral interventions while overlooking the ethical and spiritual dimensions that shape individuals’ lived experiences of recovery. Therefore, the particular study aimed to address this gap by analyzing recovery as a socio-legal and moral transformation process. The study employed an empirical legal research design with a qualitative approach grounded in transcendental phenomenology. Data were collected through in-depth interviews, participant observation, and document analysis at a faith-based rehabilitation institution in Indonesia, involving six recovering participants and one key informant with diverse recovery experiences. The findings reveal that recovery is experienced as a gradual transformation from emotional detachment and externally driven behavior toward internalized ethical awareness. Spiritual practices, such as prayer and zikr, play a crucial role in fostering ethical discipline and self-control, which in turn, support behavioral transformation and sustained recovery outcomes. Detoxification is understood not as a purely biomedical intervention but as part of a structured ethical and spiritual system. Then, the particular study contributes by positioning Islamic legal ethics as a central framework in addiction recovery and offering a socio-legal model that integrates spirituality, ethical discipline, and behavioral change. The findings suggest that rehabilitation programs should incorporate ethical reflection and spiritual engagement to enhance long-term recovery sustainability.

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