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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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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.
Portrait of Regional Regulations for Public Order and Tranquility in a Tolerant and Inclusive Society in West Sumatra Rizal, Deri; Alfurqan; M. Yemmardotillah; Wiza, Rahmi; Saputra, Edi; Syuhood B. Kooria
El-Mashlahah Vol 15 No 2 (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.v15i2.7826

Abstract

The study addressed the gap in understanding how local wisdom and religious moderation are integrated into regional regulations in West Sumatra, a region with rich customary and religious traditions but ranked low on the national tolerance index. Despite having a strong philosophical foundation in Adat Basandi Syara’, Syara’ Basandi Kitabullah, current legal instruments may not adequately reflect these values to foster a tolerant and inclusive society. The study aimed to examine the portrait of regional regulations on public order and public tranquility in West Sumatra from 2009 to 2023, to realize a tolerant and inclusive society. The method used an empirical legal research with a socio-legal approach drawn from primary data in West Sumatra. The findings showed that the Regional Regulations (Perda) in West Sumatra have not yet embodied the principles of public order and social tranquility based on tolerance and inclusivity. Of the 634 Perdas analyzed from 2009 to 2023, only 2.2% addressed issues related to public order. Moreover, they narrowly focused on nuisance permits, alcoholic beverage control, and public morality. Therefore, this indicated a significant gap in incorporating local wisdom and religious values rooted in the Minangkabau philosophy of Adat Basandi Syara', Syara' Basandi Kitabullah, into regulatory frameworks that promote harmony in a pluralistic society.
Halal but Forbidden? A Systems Approach to Tompangan Transactions in Sumenep, Madura Suaidi; Sodiqin, Ali
El-Mashlahah Vol 15 No 2 (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.v15i2.9049

Abstract

The tompangan tradition in Sumenep, Madura, is a long-standing form of communal cooperation involving exchanging money and goods. However, on November 12, 2023, during a bahsul masā’il session, the Sumenep branch of Nahdlatul Ulama (PCNU), led by KH. Hafidzi Syarbini declared that the practice is “permissible but prohibited.” This ruling reflects growing public concerns over its negative effects, as tompangan has increasingly shifted from social solidarity toward profit-oriented practices that burden families economically. The study examined the transformation through the lens of maqāṣid al-syarī‘ah using Jasser Auda’s systemic approach. Employing a socio-legal, qualitative-exploratory method, data were collected through interviews and literature review. The findings reveal a shift in value from social to profit-driven orientations; many transactions have become individualistic, self-serving, and textually exclusive, neglecting broader ethical and social considerations. As the result, this shift fails to realize both the al-hadaf (immediate goals) and al-gayah (ultimate purposes) of Islamic law, diverging from Auda’s systemic interpretation of the maqāṣid. The study contributes by framing tompangan, not merely as a socio-cultural phenomenon but also as a legal-ethical case that illustrates the tension between ʿurf and the higher objectives of Islamic law. The findings enrich contemporary Islamic legal discourse by offering the systemic maqāṣid framework as a critical analytical tool for evaluating socio-religious practices.
Rethinking Vasectomy Policy: MUI’s Fatwas, Ethics, and Economic Coercion in West Java a Maqasid Syari’ah Analysis Ahmad Bahauddin AM; Zulfikar, Eko; Abdul Gofur; Ahmad Baedowi; Mufti Rasyid; Abdurrazak; Agus Nurhadi
El-Mashlahah Vol 15 No 2 (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.v15i2.10162

Abstract

Economic hardship remains an unresolved issue in Indonesia. Data from Statistics Indonesia (BPS) shows that 8.57% of the population still earns below IDR 609,160 per month, meaning approximately 24 million people live below the poverty line. The Governor of West Java plans to implement a policy requiring vasectomy as a condition for receiving social assistance, which has sparked controversy in society. This plan indirectly places poor families in a position where they feel compelled to undergo the procedure. They face hidden pressures that limit their freedom of choice, creating ethical tensions between religion, policy implementation, and basic livelihood needs. The study examined the responses of West Java society to objectively evaluate and engage in a comprehensive dialogue about the Governor’s policy plan, which includes vasectomy as a requirement for social assistance, through the lens of maqasid al-syari'ah (the objectives of Islamic law). Using empirical legal research with a mixed-methods approach, the study combined quantitative and qualitative data. Findings reveal that over 60% of respondents underwent vasectomy due to economic incentives or policy pressure rather than personal conviction. Qualitative data also indicate that although the fatwa is understood as a normative reference, in practice, people prioritize social and economic needs. The particular analysis confirms that the fatwa cannot be applied rigidly without considering the structural pressures and ethical dilemmas faced by the community. Through the framework of maqasid al-syari'ah, focusing on daruriyyat (essential needs), particularly hifz al-nafs (preservation of life), hifz al-nasl (preservation of lineage), and hifz al-mal (preservation of wealth), a reinterpretation of the fatwa becomes an ethical imperative.  Then, it ensures Islamic law remains contextual, just, and responsive to contemporary realities, especially when religious authority and state regulations intersect in governing the rights of vulnerable groups.

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