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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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Sharia, Gender, and Science in the Construction of ‘Iddah: The Response of Banyumas' Ulamas Juliansyahzen, Muhammad Iqbal; Fadhilah, Eva; Syufaat, Syufaat; Zahro, Anisatuz
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.v14i1.7917

Abstract

The development of science necessitates changes in various issues of human life, including matters of family law. One of the family law issues that often sparks debate is the issue of 'iddah. One of the reasons (reason) often found in the discussions of scholars is to ensure the cleanliness of the uterus from the fetus. If this argument is used as the main basis, it is refuted by the development of medical technology, which can ensure the cleanliness of the uterus in a relatively short time. Likewise, from a gender perspective, because the owner of the womb is only a woman, it cannot be exchanged. This study aims to analyze the extent to which Banyumas’ Ulama views respond to the development of science and gender discourse in the context of family law. This research is empirical legal research, analyzing the responses of Banyumas scholars. Researchers collected data from scholars who came from different religious organization backgrounds, namely Nahdlatul Ulama, Muhammadiyah, and al-Irsyad. These three are the organizations with the most followers in Banyumas. Banyumas became the locus of this research because there is a view that egalitarian principles are living values in society, as described in the chronicle historical texts (babad). The study concluded that the responses of the Banyumas Ulama were divided into two groups, namely textualists and semi-textualists. However, the semi-textualist group is more dominant among them. This research at the same time proves that the relationship between religion and science has not yet reached an integrative or even transdisciplinary level but is still at a dialogic level, and there is even a dualistic view.
Gender-Responsive Construction in Nikah-Kawin Traditions in West Java: A Qiwamah Perspective Sofiana, Neng Eri; Huda, Miftahul; Ismah, Nor; Purnomo, Agus; Aminuddin, Luthfi Hadi
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.v14i1.7691

Abstract

Nikah-Kawin, a deeply rooted traditional marriage in West Java, has been passed down through generations in indigenous communities. This marriage differs from conventional marriage practices in several ways. In particular, women are given greater rights of choice, with some even taking on the responsibility of reciting the marriage vows. The article aimed to explore the gender-responsive construction in the nikah-kawin tradition of West Java communities through the concept of qiwamah. Using empirical legal research methods, this study utilizes primary data obtained from interviews, observations, and documentation. The findings reveal a gender-responsive construction shaped by the principles of qiwamah embedded in the nikah-kawin tradition of West Java communities. Interestingly, this constructed gender dynamic contributes to the formation of an egalitarian household environment. The presence of traditional guidelines upheld by these communities underscores their commitment to respecting and valuing women within the societal framework. This exploration highlighted how the uniqueness of nikah-kawin not only endures but also fosters a balanced and egalitarian approach to household life.
Academic Freedom of Expression in Indonesia: A Maqashid Sharia Notes Al-Fatih, Sholahuddin; Aditya, Zaka Firma; Fuadi, Abdul Basid; Nur, Muhammad
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.v13i2.7573

Abstract

This article intended to examine academic freedom in Indonesia, especially in the last decade (2014-2022). As a country that upholds human rights and Islamic values, academic freedom in Indonesia is in chaos, especially on hifz al-nafs and hifz al-‘aql fulfillment. Many forms of thought expression and criticism conveyed by scholars to the government in academic forums are responded to with various terror, threats, and criminalization on the grounds of state stability. Scholars who are critical of government policies fall victim to criminalization, go to prison, and are dismissed from college due to being considered to violate college ethics. The many cases of academic freedom infringement indicate a severe problem where the thought of scientists in an academic forum is being ‘undermined
Land Reform Policy in Determining Abandoned Land for Halal Tourism Destination Management Based on Fiqh Siyasah Jaelani, Abdul Kadir; Rabbani, Anila; Hayat, Muhammad Jihadul
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.v14i1.8051

Abstract

The government has established a policy of utilizing abandoned land to develop halal tourism. However, the critical question is whether this policy, based on siyasah fiqh, impacts Indonesia's economic development. The research analyzed land reform policies, which determine abandoned land for managing halal tourism destinations based on Fiqh siyasah. This study employed normative legal studies and secondary data. The research indicated that the use of abandoned land for halal tourism development is not grounded in Islamic jurisprudence, and it potentially violates the provisions of Article 27 paragraph (2) and Article 28D paragraph (1) of the 1945 Constitution of the Republic of Indonesia, leading to violations of human rights.
Bhag-Rembhag Sabhala’an as a Method of Resolving Religious Conflicts in the Madura Legal Tradition Safi', Safi'; Aidonojie, Paul Atagamen; Jufri, Muwaffiq; Garunja, Evis
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.v14i1.7819

Abstract

Religion-based conflicts often occur in various regions, including Madura. However, there is an interesting conflict resolution, namely through the bhag-rembhag sabhala'an tradition. This research aims to determine the mechanism for resolving religious-based conflicts based on local wisdom through bhag-rembhag sabhala'an which is practiced in Madura. This research uses empirical legal research methods with socio-legal and anthropo-legal approaches, which result in the discussion that: First, the resolution of religious conflicts in the context of national law only focuses on efforts to give verdicts of heresy and guilt to parties who, by the religious majority community, are considered contrary to the understanding of the majority of religious believers, not on efforts to open dialogue and find ways of peace between conflicting communities. Second, the resolution of religious conflicts with the bhag-rembhag sabhala'an emphasises efforts to open dialogue between conflicting adherents by utilising local village figures to find a peaceful way and find a variety of similarities amid striking differences caused by the outbreak of religious conflict. Bhag-rembhag Sabhala'an has long been practised in Madura in the event of differences in understanding and religious conflicts, where humanist and peaceful approaches are preferred over violent ways of resolving conflicts. The real contribution of this research is that the mechanism for resolving religious conflicts based on local wisdom can be the primary choice for parties in resolving religious conflicts. This method prioritises peaceful solutions and respect for religious differences.
Progressive Islamic Law and Misek Tradition of Dayak Ngaju in Central Kalimantan Sadiani, Sadiani; Emzaed, Ali Murtadho; Amin, Muhammad; Mualimin, Mualimin; Rosadhillah, Valencia Kirana
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.v13i2.7624

Abstract

Misek tradition is known as the proposing procession of the Dayak Ngaju community in Central Kalimantan before marriage. This tradition is still preserved by the indigenous people, even though they have converted to Islam. As a law that lives in society, misek has become the nation's cultural heritage and, at the same time, enriches the national cultural treasures of Indonesia. The presence of Islam in the lives of the Dayak Ngaju community did not immediately eradicate the misek tradition. Progressive Islamic law has an elastic accommodation to adapt misek cultural values. This research aimed to analyze the progressive Islamic law and misek tradition of the Dyak Ngaju Community in Central Kalimantan. The research was empirical legal research, with data sources from observation, interviews, and documentation. Accommodation theory is used for the research. The research showed two conclusions. First, Misek's traditional practice has two processes, namely the misek hakumbang auh process (the small proposal procession) and the misek hakumbang hai (the big proposal procession). Second, progressive Islamic law accommodates the cultural values of misek, both misek hakumbang auh and misek hakumbang hai as good customs. The Misek tradition can coexist with Islamic law without losing its traditional identity.
Maqashid Sharia Progressive: Anatomical and Transformational of Halal Institutions in UIN KHAS Jember Wicaksono, Syafril; Al-Asy'ari, M. Khoirul Hadi; El-Adibah, Elisa Dourothun Nafis; Iffahasanah, Iffahasanah
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.v13i2.7370

Abstract

The research discussed the Audit Institutions Halal (LPH) at the State Islamic University Kiai Haji Achmad Siddiq Jember (UIN KHAS Jember) regarding the halal industry movement. However, the existence of a halal institution for the halal certification movement is still not effective in implementing local social and customary communities since the LPH, in substance, mostly does not work properly. Meanwhile, the university only acts as a tool. The research aimed to analyze the anatomical and transformational importance of halal institutions at UIN KHAS Jember which is studied using maqashid sharia progressive. It used an empirical legal research method with a descriptive qualitative data approach. The research shows that the existence of LPH, which is affiliated with universities, especially UIN KHAS Jember, provides space for good dissemination of information in the community, supported by academics in halal genealogy in Indonesia. LPH contributes positively to the institutional dimension and outreach to the community. However, the dimensions of the law of Halal Product Certification still provide room for polemics, for example, halal localities in indigenous communities in Indonesia, which should receive legal recognition. The aim is to avoid the statement of Jasser Auda that worried things about maqashid sharia, namely a feature about the absence of a halal monopoly, which is only in the hands of the government but also exists within existing customary institutions.
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.

Page 16 of 19 | Total Record : 181

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