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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 181 Documents
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URGENSI PENCATATAN NIKAH SEBAGAI RUKUN NIKAH (STUDI KRITIS PEMIKIRAN SITI MUSDAH MULIA DAN KHOIRUDDIN NASUTION) Muhammad Amin Sayyad
El-Mashlahah Vol 8, No 1 (2018)
Publisher : Institut Agama Islam Negeri Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23971/el-mas.v8i1.1097

Abstract

Fokus dari penelitian ini adalah tentang pemikiran Siti Musdah Mulia dan Khoiruddin Nasutionserta metode istinbā tentang urgensi pendaftaran pernikahan sebagai pilar pernikahan. Penelitianini merupakan penelitian kepustakaan. Teknik pengumpulan data menggunakan metodedokumentasi dan wawancara. Penelitian ini menggunakan pendekatan yurisprudensi, pendekatanfilsafat hukum Islam (uṣūlal-fiqh), dan pendekatan komparatif. Presentasi data menggunakanmetode deskriptif dan deduktif. Menganalisis data menggunakan metode analisis deskriptifanalitikdan konten. Hasil dari penelitian ini, adalah: (1) Pemikiran Siti Musdah Mulia tentangpentingnya pendaftaran pernikahan sebagai pilar pernikahan adalah karena ada banyak dampaknegatif yang disebabkan oleh perkawinan yang tidak terdaftar atau pernikahan informal. MetodeIstinbāṭ yang digunakan oleh Siti Musdah Mulia untuk menentukan pendaftaran nikah sebagaipilar pernikahan adalah surah al-Baqarah ayat 282 dengan metode qiyas aulawi, dilalah al-maqāṣid beberapa hadis tentang pengumuman perkawinan dan metode ma mlaḥah mursalah, (2)pemikiran Khoiruddin Nasution tentang urgensi pencatatan perkawinan sebagai pilar pernikahan adalah karena perubahan pengakuan dan jaminan konteks hak pada zaman Nabi SAW sudahcukup dengan walimah, pengumuman dan saksi, sementara sekarang pengakuan dan jaminanyang benar adalah pendaftaran nikah. Khoiruddin Nasution menggunakan metode kombinasitematik-holistik untuk menentukan pendaftaran pernikahan sebagai pilar pernikahan. (3)Mempertimbangkan kondisi masyarakat, hukum, norma dan sosial budaya yang berkembangpada masyarakat Indonesia saat ini maka Siti Musdah Mulia dan Khoiruddin Nasution tentangpendaftaran pernikahan sebagai pilar perkawinan yang ditinjau secara filosofis, yuridis dansosiologis , bisa dikatakan sudah tidak relevan lagi. Karena, keabsahan pendaftaran pernikahanbaik secara filosofis, yuridis dan sosiologis hanya sebagai bukti otentik dan ketertibanpernikahan orde nikah yang tertib, sehingga bukan penentu legitimasi dalam perkawinan.
Islamic Fanatism and Terrorism Cases in Indonesia the Perspective of Islamic Criminal Law Ahmad Kamaludin; Iskandar Iskandar
El-Mashlahah Vol 12, No 2 (2022)
Publisher : Institut Agama Islam Negeri Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23971/el-mashlahah.v12i2.4397

Abstract

Acts of terrorism are often associated with Islamic teachings, which lead to a bad stigma against Islam. Cases of terrorism in Indonesia occur almost every year, which the shocking case of terrorism is the Bali bombing which killed 202 foreigners. The research aimed to analyze the problems of Islamic fanaticism and terrorism in Indonesia from the perspective of Islamic criminal law. The research used descriptive analysis, with the type of normative juridical research. The approach was historical and conceptual. The study showed that acts of terrorism defending Islam cannot be justified because terrorism has political intentions. Islam is a religion of raḥmatan lil ‘Ālamīn which loves good and hates evil. The government’s efforts to mitigate acts of terrorism in Indonesia are by making preventive efforts in the form of legal protection for someone suspected of adhering to terrorist radicalism. Prevention efforts are intended for, national preparedness, counter-radicalization, deradicalization, and fostering religious insight. In addition, the efforts made are by giving the role of society and mass organizations to perform moral movements.
Creating a Harmonious Family Through Social Media Facebook in West Lampung Muhammad Khusaini; Hariri Hariri; M. Ridho Pratama; Madah Rahmatan
El-Mashlahah Vol 12, No 2 (2022)
Publisher : Institut Agama Islam Negeri Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23971/el-mashlahah.v12i2.3937

Abstract

Facebook is one of the communication media that is widely used by the community, both urban and rural communities. Facebook not only has a negative impact on its users but also has a positive impact. Social media has a strong positive impact on the family's economy, that the family's needs are met and creating harmonious family relationships compared families that do not use social media as a marketing medium. The study aimed to analyze how to create a harmonious family through social media Facebook in West Lampung Regency. The particular research was empirical legal research. Data collection techniques were observation, interview, and documentation. The study indicated that the use of social media Facebook can create a harmonious family in three families, the subject of the study, in West Lampung Regency. Social media Facebook used to promote the goods that improve the family's economy. This makes the family to be prosperous. In short, it has an impact on the harmony of the family.
The Principle of Mabda' Ar-Rada'iyyah in Land Purchase Agreements with Fraud Elements in State Court Judgment Number 12/Pdt.G/2017/PN.Mlg Dwi Fidhayanti; Illa Miftachul Jannah
El-Mashlahah Vol 12, No 2 (2022)
Publisher : Institut Agama Islam Negeri Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23971/el-mashlahah.v12i2.4133

Abstract

Court Judgment Number 12/Pdt.G/2017/PN.Mlg became a decision on Kartono's request to cancel the land sale and purchase agreement because it contained elements of fraud. The purpose of this study is to analyze the principle of mabda' ar-rada'iyyah in the land sale and purchase agreement with an element of fraud in Court Judgment Number 12/Pdt.G/2017/PN.Mlg. Types of normative juridical research with a statutory approach and a case approach. Primary, secondary and tertiary legal materials are analyzed using descriptive qualitative methods. The results of this study indicate that based on the request for annulment of the agreement submitted by Kartono which was granted by the Panel of Judges, it resulted in the cancellation of the land sale and purchase agreement and returned to the original owner, namely Kartono. The agreement violated subjective requirements because the sale and purchase contained elements of persuading, influencing, and deceiving or using false prestige towards Kartono during the land purchase process. This agreement does not fulfill the principle of mabda' ar-rada'iyyah, because the agreement/will to enter into the agreement was given on the basis of an element of fraud committed by the buyer, causing the agreement to be void/invalid.Court Judgment Number 12/Pdt.G/2017/PN.Mlg became a decision on Kartono's request to cancel the land sale and purchase agreement because it contained elements of fraud. The purpose of this study is to analyze the principle of mabda' ar-rada'iyyah in the land sale and purchase agreement with an element of fraud in Court Judgment Number 12/Pdt.G/2017/PN.Mlg. Types of normative juridical research with a statutory approach and a case approach. Primary, secondary and tertiary legal materials are analyzed using descriptive qualitative methods. The results of this study indicate that based on the request for annulment of the agreement submitted by Kartono which was granted by the Panel of Judges, it resulted in the cancellation of the land sale and purchase agreement and returned to the original owner, namely Kartono. The agreement violated subjective requirements because the sale and purchase contained elements of persuading, influencing, and deceiving or using false prestige towards Kartono during the land purchase process. This agreement does not fulfill the principle of mabda' ar-rada'iyyah, because the agreement/will to enter into the agreement was given on the basis of an element of fraud committed by the buyer, causing the agreement to be void/invalid.
Comparison Between Double Movement Theory and Nazariyyat Al-Hudud Theory on Polygamy Laws Khairul Hamim
El-Mashlahah Vol 12, No 2 (2022)
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.v12i2.4903

Abstract

The issue of polygamy is one of the issues in Islamic family law which still become a hot, interesting, and updated debated topic to be studied, either in the view of state law or a theme for discussion, under the different interpretations in understanding the verses of the Qur'an. The theme of polygamy has been discussed by scholars in the books of fiqh and their interpretations. But, their views that have developed so far tend to reinforce the opinion that polygamy is permissible based on the text of paragraph 3 of surah al-Nisa. The verse is a source of polemic interpretation, by both classical and contemporary scholars on answering the question of whether polygamy practice is permissible or not. This paper focused on two contemporary scholars, namely Fazlur Rahman and Muhammad Syahrur. They have their views on the polygamy law. This research was normative legal research, using the approach of ushul fiqh and comparative law. The study indicates that Fazlur Rahman, with double movement theory, interprets fairness as a condition for the permissibility of polygamy with love and not material things, such as fairness in physical services. Meanwhile, Muhammad Syahrur, with his boundary theory (nazariyyat al-hudud), interprets fairness as one's ability and obligation to look after, protect and raise orphans from polygamous widows. Apart from that, Syahrur also stated that the widow of being married in polygamy was a widow whose husband had died. The two theories have contributed new colors and the interpretation of Islamic law.
BASYARNAS as a Place for Dispute Resolution of Musyarakah Financing in Sharia Banking in the Disruption Era Evi Eka Elvia; Abdul Mujib; Azhar Nor; Muhammad Imanuddin Akbar
El-Mashlahah Vol 13, No 1 (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.v13i1.5345

Abstract

The practice of musyarakah financing in Islamic banking allows conflicts to occur between parties, the most dominating conflict in financing practices is the default. Arbitration is one of the non-litigation dispute resolution forums that can be used in resolving musyarakah financing disputes in Islamic banking. The purpose of this study was to analyze the settlement of default disputes on musyarakah financing practices which were resolved through the Badan Arbitrase Syariah Nasional (BASYARNAS). This research is normative legal research using a statutory approach. The results of the study show that financing disputes in Islamic banking occur because there are default factors behind them, namely intentional factors and negligence factors. Both of these factors can give a loss to the creditor (Bank) as the provider of funds. Musyarakah financing dispute settlement in Islamic banking is an agreement of the disputing parties. If it is contained in the agreement clause which states that dispute resolution is carried out through BASYARNAS, then BASYARNAS has the authority to resolve the dispute as stipulated in the law. In an era of disruption full of change and innovation, arbitration with the online system is an important matter in resolving disputes at BASYARNAS.
Dayak Ngaju Customary Fines in Pre-Marriage Agreement to Minimize Divorce in The Perspective of Maslahah Mursalah Ramadhan Al-Buthi Muhammad Aulia Rahman; Roibin Roibin; Nasrulloh Nasrulloh
El-Mashlahah Vol 13, No 1 (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.v13i1.5623

Abstract

Before the wedding, the prospective husband and wife in the Dayak Ngaju Palangka Raya community made a pre-marriage agreement in the presence of the Damang (Adat figure). One of the core points of the agreement is that there is a fine for whoever causes a divorce in the household. This is unique and different from marriage agreements in general and in Islam. This study aims to analyze Dayak Ngaju customary fines in pre-marriage agreements implemented by the Dayak Ngaju community to minimize divorce. This research is empirical legal research using a case approach. The primary sources of this research are interviews, documentation, observations, and secondary sources in the form of books, as well as the views of scholars who have discussed this issue. Then this problem is analyzed using the theory of Maslahah Mursalah Ramdhan Al-Buthi. The results of this study indicate that according to the perspective of Adat figure regarding customary fines in pre-marriage agreements carried out by the Dayak Ngaju community, it is a good thing, not only to maintain the customs of their ancestors but also to contain far more meaningful values, namely protecting the existence and maintaining commitments in the marriage. From the perspective of Maslahah Mursalah Ramadhan Al-Buthi, these customary fines are not contrary to Islamic law, if they do not exceed the specified corridors, do not conflict with the higher Al-Quran, Sunnah, Qiyas, and Maslahah, and customary fines may be carried out if the four conditions these limits are not violated.
Controversy of Marriage Agreements in Indonesia-Malaysia Border Communitites in Sambas Regency Asman Asman; Resali bin Muda
El-Mashlahah Vol 13, No 1 (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.v13i1.4382

Abstract

This study discusses the controversy over the marriage agreement in the form of taklik talak contained in the marriage book. The purpose of this study was to analyze the pros and cons of the reading of taklik talak on the bride and groom after consent was granted in the Indonesia-Malaysia border community in Sambas Regency, West Kalimantan. The method in this study is to use empirical legal research with a sociological approach. Primary data was obtained using observation, interview, and documentation techniques. The results of this study indicate that of the ten respondents interviewed six couples did not know the existence of a marriage agreement (taklik talak) and did not pronounce it. while the other four couples did not know the taklik talak but recited it. The occurrence of pros and cons to the existence of taklik talak in the marriage book is due to the lack of information submitted by the BP4 during premarital guidance to the prospective bride and groom, besides that, some people do not know the use and purpose of taklik talak. Whereas the existence of taklik talak as a marriage agreement aims to protect the rights of the wife so that the husband does not arbitrarily fulfill his obligations. The marriage agreement contained in the taklik talak is in line with Islamic law.
Management of Long-Distance Marriage for Overseas Female Worker Profession on Family Resilience in Kendal Regency Filda Rahma Saidah; Muhammad Zaki Fahmi
El-Mashlahah Vol 13, No 1 (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.v13i1.6095

Abstract

Long-distance marriage relationship for female worker profession (Tenaga Kerja Wanita: TKW) who works abroad is a condition where husband and wife are constrained by distance and time to meet. These obstacles resulted in short meetings that were felt to be lacking so they lost the figure of a partner and wanted to get back together. This study aims to analyze the management of long-distance marriages for women who work as workers abroad in family resilience in the Kendal district. This research is empirical legal research using primary data sources. The data is filtered using data triangulation techniques. Then analyzed using Al-Buthi's maslahah theory and Talcott  Parsons' structural-functional theory. The results of this study indicate that overseas female worker profession (TKW) in the Kendal Regency community carry out long-distance marriage management with various things so that they can strengthen their families in several steps, namely; there is communication, trust, and commitment, and there is a meeting schedule. According to the structural-functional theory, it has fulfilled the elements of adaptation, goal attainment, integration, and latency. Meanwhile, according to maslahah theory, it does not conflict with maslahah if it is considered an emergency in the field of work and the main goal is hifz an-nasl, but it can conflict if it is only for the sake of material pleasure in terms of collecting wealth.
Trademark Cancellation of The PT. DIPOSIN in The Principle of Legal Certainty by Sudikno Mertokusumo Risma Nur Arifah; Azlin Alisa Ahmad; Silvana Oktavia Rochmawati
El-Mashlahah Vol 13, No 1 (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.v13i1.5333

Abstract

Trademark cancellation can be done by registered trademark owners, such as PT. Pos Indonesia filed a trademark cancellation suit against the DIPOSIN mark because the mark has similarities in principle to the Pos Indonesia mark and its registration was carried out in bad faith. The judge granted the lawsuit for the cancellation of the DIPOSIN mark in part and the cancellation decision was not implemented. So, because of this, there is a legal inconsistency that results in the absence of legal certainty for brand owners who have good intentions. This study aims to discuss the judges' considerations in Decision number 8/Pdt.Sus-HKI/Merek/2020/PN.Niaga.Sby and the application of the principle of legal certainty according to Sudikno Mertokusumo. This research is normative legal research using statutory, conceptual, and case approaches. This research shows that based on Law Number 20 of 2016 concerning Trademarks and Geographical Indications the judge's consideration in Decision Number 8/Pdt.Sus-HKI/Merek/2020/PN.Niaga.Sby is appropriate however, the implementation of the decision to cancel the trademark is not appropriate with what has been set. This decision gave rise to an inconsistency of norms which resulted in the absence of legal certainty for brand owners. According to Sudikno Mertokusumo, for the law to function in a real way, the law must be upheld, because then the law becomes a reality and the law must reflect legal certainty, benefit, and justice.

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