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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 181 Documents
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Screening Standards in Sharia Capital Market Investor Legal Protection Kefi Miftachul Ulum; Mohammad Khoirul Ulum
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.v13i1.5791

Abstract

The growth of single investor identification on September 29 2022 reached 9.76 million, dominated by millennials with a percentage of 59.43%, and when compared to the total population of Indonesia, the share of investor growth is around 3.6%. Calculation of growth recapitulation is based on account opening through Perantara Pedagang Efek (PPE) both conventionally and sharia. Investors who enter the stock exchange consist of various types who have their own goals, so they have the potential risk of codifying securities on ISSI and JII of the formation of maisir, garar, darar and causing mafsadat. This study aims to analyze the screening standards in the legal protection of Islamic capital market investors. This research is normative legal research with a breakdown of 536 sharia issuers and analyzed through industry sectoral typologies and regulations 15/POJK.04/2015 and 35/POJK.04/2017. The results of this study found 7 issuers in the technology and film sectors that passed the DES, so deficiencies in the standard screening procession need to be improved by sectoral-based screening methods in the Sharia issuer index procession to increase the application of Sharia principles.
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.
Green Sukuk in Indonesia: Unraveling Legal Frameworks for Sustainable Islamic Bonds Supriyadi, Aditya Prastian; Fidhayanti, Dwi; Ramadhita, Ramadhita; Noh, Mohd Shahid bin Mohd
El-Mashlahah Vol 13 No 2 (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.v13i2.7372

Abstract

Green sukuk is a contemporary-era sharia investment revolution that accommodates environmental aspects. Integrating Sustainable Financing in green sukuk can be an alternative investment platform contributing to sustainable development. The concept paradigm is relevant for strengthening the proportional construction of green sukuk law in Indonesia. The study aimed to analyze the concept of sustainable financing as the legal basis for implementing green sukuk in supporting sustainable development programs in Indonesia. The study used normative legal research methods. This research approach used a conceptual approach through reasoning the concepts of sustainable financing, green sukuk, and other concepts relevant to the topic of study to strengthen the discussion argument. The study showed that there are 2 (two) components of the relevance of the Sustainable Financing paradigm as the basis for implementing green sukuk in Indonesia. First, the implementation of green sukuk in various countries has rules that accommodate sustainable financing in response to climate change problems. Second, the sustainable financing Paradigm is relevant as a source of green sukuk legal construction to strengthen the policy basis for implementing environmentally sound investment in Indonesia. The urgency of the regulation is to increase investment commitments that can increase environmental resilience, alleviation of social problems and business transparency in contributing to sustainable development in Indonesia.
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.
The Development of Fatwas Based on Local Wisdom to the National Level: A Case Study of Panaik Money Fatwa Syatar, Abdul; Bakry, Muammar; Bedong, M. Ali Rusdi; Ahmad, Ahmad; Pallawagau, Baso
El-Mashlahah Vol 13 No 2 (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.v13i2.7373

Abstract

The fatwa of the Indonesian Ulema Council of South Sulawesi Province regarding panaik money is debated and considered cynical by some people who feel disturbed. The cultural shift in
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.
The Maqashid Sharia Construction on Inheritance in Dayak Ngaju Customs within the Tumbang Anoi Agreement Syaikhu, Syaikhu; Hamdi, Fahmi; Ahmad, Sabarudin; Ihsan, Reza Noor; Husain, Muhammad Zidni
El-Mashlahah Vol 13 No 2 (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.v13i2.7375

Abstract

The customary inheritance settlement of Dayak Ngaju determines the distribution of heirs based on consensus referring to their compliance with the common law in the Tumbang Anoi 1894 agreement. The Dayak Ngaju Muslim community, in the settlement of inheritance disputes, still pays attention to Islamic law, but they do not ignore traditional inheritance. The research aimed to analyze the maqashid sharia construction on inheritance in Dayak Ngaju customs within the Tumbang Anoi agreement. This research was normative legal research with a historical approach. The data was in the form of primary, secondary, and tertiary legal materials. The research showed that the construction of maqashid sharia follows the mental construction, the philosophy of the distribution inheritance procedures of the Dayak Ngaju custom in the Tumbang Anoi agreement, which emphasizes the principle of peace. This agreement adopts a philosophy carried out by the diversity of its people, which highly values peace. Generally, the spirit of peace in this context also means that there is no complexity in the distribution of inheritance. The attraction of the Tumbang Anoi agreement is that people who gather in the Dayak community are one of the hundreds of Dayak community groups.

Page 15 of 19 | Total Record : 181

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