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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 187 Documents
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Reforming Islamic Family Law in Indonesia through Syibhul Iddah for Husbands: State Policy and Penghulu Perspectives Setyawan, Rahmad; Witro, Doli; Iffah Al Walidah; Iim Septiana; Muhamad Agus Soleh; Novia Nurfadila; Rismanuddin
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.v15i2.9253

Abstract

The state policy regulating the concept of syibhul iddah for husbands as outlined in Circular Letter Number: P-005/DJ.III/HK.00.7/10/2021 has sparked debate among religious officials in Indonesia. This paper aims to discuss the chronology of the emergence of the concept of syibhul iddah for husbands and analyse the responses or perspectives of the heads of the Office of Religious Affairs (KUA) in Indonesia. In addition, it also discusses the relevance of the concept of syibhul iddah to the reform of Islamic family law in Indonesia. Methodologically, this research is a juridical-empirical research. Primary data was obtained through interviews with several religious leaders spread across various regions of Indonesia, while secondary data was obtained from reference materials such as scientific articles, scientific books, etc. The data analysis techniques used were data condensation, data presentation, and conclusion drawing. The results of the study show that the state policy through a circular letter regulating syibhul iddah is based on several reasons. First, the prevalence of covert polygamy in society, which can harm women’s rights. Second, as a legal measure to fill the legal vacuum regarding new marriages for husbands during their wives ‘iddah period. Third, as a legal measure to support the spirit of gender equality between men and women in carrying out responsibilities after divorce. However, in its application within the Office of Religious Affairs (KUA), the circular letter still causes differences of opinion among religious leaders in Indonesia. On the one hand, the majority of religious leaders are very responsive and supportive of the issuance of the circular letter. On the other hand, there are a small number of religious leaders who criticise the circular letter.
Electronic Registration of Waqf Land under the PTSL Program from a Maslahah Perspective: A Study at the Indonesian Waqf Agency Office in East Java Musleh Harry; Fakhruddin; Mahbub Ainur Rofiq; Meisy Fajarani
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.v15i2.9097

Abstract

Waqf land in East Java amounts to 78,825 plots covering 5,006.23 hectares, yet its registration level remains relatively low. Of this number, only 37,940 plots (2,270.25 ha) have been certified, while 4,885 plots (2,735.98 ha) have not obtained formal legal status. This study aims to analyze the registration system for waqf land under the Complete Systematic Land Registration Program (PTSL) and the implementation of E-Registration, as well as to examine the supervision mechanisms and their legal implications. Using an empirical juridical method with a socio-legal approach, the study explores registration practices and institutional dynamics of waqf management in the field. The primary contribution of this research lies in establishing a conceptual link between digital transformation in land administration—specifically through E-Registration—and Islamic legal institutions governing waqf. The findings show that digitalizing PTSL significantly increases the number of registered waqf lands and enhances efficiency, transparency, accountability, and legal protection for both nazhir and wakif. This demonstrates that digitalization is not merely an administrative innovation but also a tool that strengthens waqf governance as part of contemporary Islamic legal reform. This study fills a gap in the literature, which has largely focused on normative aspects of waqf without examining the integration of technology into its implementation. From a policy perspective, the success of digital PTSL depends on effective E-AIW training, accurate data validation, digital outreach, and continuous monitoring.
The Legal Contestation Surrounding Female Genital Mutilation in Islamic Boarding Schools: Perspective of Legal Pluralism and its Impact on Women Sabri, Fahruddin Ali; Asitasari, Walida
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.v15i2.9774

Abstract

This study addressed the gap in understanding among the community in the YY1 Islamic boarding school located in Tuban Regency, Indonesia, about legal pluralism in the practice of Female Genital Mutilation (FGM) between diverse religious, adat, national, and international legal systems. FGM is still perpetuated and socially accepted as a moral, spiritual, and cultural obligation, rather than a violation of women's rights, while national and international regulations continue to regulate the elimination of FGM to promote and protect women's rights. The problem is how women and Islamic boarding schools negotiate and justify their compliance with certain norms in this pluralistic legal environment. This study aims to investigate how individuals navigate the inherent conflict between social norms and individual values related to the protection of women and girls. The study relied on dialogue, observation, and documentation as data collection methods and adopted a legal anthropology approach. The results show that legal pluralism in FGM makes people lean towards the validation of Islamic and adat law as an embodiment of identity and sanctity, so that Islamic law and adat law win the contestation against international human rights law and national law. Their perception of FGM as a harmless practice for women allows for the reconciliation of normative conflicts. Nonetheless, government policies and public education are needed to address the adverse impacts of FGM on women's reproductive health systems.
Legal and Ethical Analysis of Mystery Box Transactions in E-Commerce Platforms: A Sharia Economic Law Perspective Setiawan, Iwan; Dudang Gojali; Chaerul Shaleh; Mualimin Mochammad Sahid
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.v15i2.9786

Abstract

The phenomenon of mystery box trading on e-commerce platforms, such as Shopee, presents a paradox in the digital economy. On the one hand, it offers a thrill and appeal to consumers through an element of uncertainty. Still, on the other hand, it raises serious issues regarding the legal validity and ethics of transactions. The ambiguity of the object, the potential for loss, and exploitation through the mechanism of uncertainty require critical study within the realm of Islamic economic law. This study aims to analyze the conformity of mystery box trading practices with Islamic legal and ethical principles. This study uses a normative juridical method with a conceptual and normative-interpretive approach, grounded in the principles of Islamic jurisprudence (fiqh muamalah). Data were obtained through literature and documentation studies. The results show that mystery box transactions do not meet the requirements for a valid salam contract because the object of the goods is not described in detail, thus containing the prohibited gharar katsîr. From an ethical perspective, this practice contradicts the principles of justice, transparency, and consumer protection in Islamic transactions. The conclusion of this study is that mystery box trading is inconsistent with the legal and ethical principles of Islamic economics. Moreover, it is inappropriate for practice in Sharia-based transactions. And, this practice should be avoided to protect consumers and maintain the integrity of the Islamic digital market.
Balancing Individual Political Rights and Institutional Integrity in an Islamic Constitutional Perspective on Party Switching in Indonesia Sugirman, Andi; Amir, Irfan; Sutrisno, Andri; Fitryantica, Agnes; Bone, Sholihin
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.v15i2.9995

Abstract

The study examined the regulation of party switching among members of Indonesia’s Regional People’s Representative Councils (DPRD) through an integrated analysis of constitutional law, political rights theory, and Indonesian Islamic jurisprudence. It critically evaluated Constitutional Court Decision No. 88/PUU-XXI/2023 to assess how individual political rights are balanced with institutional stability. Employing a normative legal research approach, the study combined statutory, case-based, and conceptual analyses, enriched with comparative insights from Malaysia, Pakistan, India, and South Africa. The findings found out that current legal mechanisms, particularly the Inter-Temporal Replacement (PAW) procedure under Article 193 of Law No. 23 of 2014, disproportionately empower political parties, undermining electoral legitimacy and legislators’ autonomy. By integrating maqāṣid al-sharī‘ah principles, including al-‘adl (justice), al-maṣlaḥah (public welfare), amanah (trust), and ḥurriyyah siyāsiyyah (political freedom), the study proposed normative and practical reforms to enhance proportionality, transparency, and fairness in regulating party switching. The research contributed to scholarship by linking constitutional law, political representation, and Islamic ethical principles, providing theoretical insights and actionable recommendations to strengthen democratic representation, protect political rights, and reinforce institutional legitimacy in Indonesia.
Restorative Justice Principles in Banjar Customary Inheritance Disputes: A Normative Analysis of Out-of-Court Settlement Institutions through Adat Badamai Ahmad Sukris; Anwar Hafidzi; Nurul Listiyani; Tetiana Kolomoiets; Afif Khalid
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.v15i2.10047

Abstract

Inheritance disputes in Banjar communities continue to increase as families confront controversies over unwritten norms, generational change, and rising land value, creating a growing need for culturally grounded solutions. These disputes reflect a broader trend in Indonesia where communities prefer non-court settlement when judicial rulings risk disrupting social cohesion. Within this plural legal landscape, families must navigate overlapping expectations from customary norms, Islamic law, and state regulations. This study addressed a key gap by examining how restorative justice principles operate within Banjar inheritance practices. Using a qualitative normative method, the research analyzed primary legal materials, documented customary procedures, court decisions, and academic literature. The findings showed that adat badamai integrated restorative values through open dialogue, inclusive deliberation, and relational repair among heirs. The study concluded that adat badamai provides an effective culturally rooted model of restorative justice and recommends stronger legal recognition and enhanced mediator training.
Legal Pluralism and Rural Welfare: Harmonizing Customary Law and Islamic Principles in Indonesia’s Village Fund Allocation Setiajie Anugrah, Iwan; Listyawati, Andayani; Ishak, Andi; Elistus Liwaherilla, Niki; Hasan Muchtar, Ibnu; Fauziah; Suhanah
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.v15i2.10429

Abstract

Village development is a crucial pillar in achieving national welfare through the effective utilization of the Village Fund. This study aims to analyze the effect of harmonization between customary law and Islamic principles in the utilization of the Village Fund on improving the collective welfare of village communities in Indonesia, especially in Kerinci Regency. The method used is a mixed methods approach, with quantitative techniques through the Partial Least Squares Structural Equation Modeling (PLS-SEM) model and qualitative methods based on in-depth interviews and participatory observation. The results showed that the integration of local cultural values such as gotong royong, normative attachment, and deliberative conflict resolution contributed significantly to strengthening participatory and equitable governance of the Village Fund. In addition, Islamic principles such as deliberation (shura), trustworthiness, justice ('adl), and public good (maslahah 'ammah) provide an ethical basis for decision-making on the use of the Village Fund. The resulting structural model shows high predictive value with support from empirical data, where customary social sanctions act as an effective social control mechanism. The research also found challenges in implementation, such as the dominance of local elites and the lack of contextual understanding of progressive Islamic values. Therefore, recommendations are provided for incorporating the principles of customary and Islamic law into formal village regulations to establish inclusive, equitable, and sustainable development governance. Theoretically, this study enriches the discourse on legal pluralism in village development governance, while practically providing a strategic framework for policymakers and village stakeholders in designing a Village Fund management model oriented towards social justice and sustainability.

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