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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 167 Documents
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The Relevance of the Theory of Legal Change According to Ibnu Qayyim Al-Jauziyyah in Legal Products by Fatwa DSN-MUI Indonesia Muhamad Izazi Nurjaman; Doli Witro
El-Mashlahah Vol 11, No 2 (2021)
Publisher : Institut Agama Islam Negeri Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23971/elma.v11i2.3181

Abstract

The study described the relevance of the theory of legal change according to Ibnu Qayyim al-Jauziyyah to the legal product of the fatwa DSN-MUI (Fatwa National Sharia Board-Indonesian Council of Ulama) in Indonesia. It used a qualitative research method with a literary approach. The conclusions showed that the relevance of the theory of legal change proposed by Ibn Qayyim al-Jauziyyah has been applied explicitly in every legal product of the fatwa DSN-MUI in Indonesia. That seen in every legal product, always give the way for future changes following the needs and problems faced. Changes to Islamic legislation products have significant differences. On laws and regulations and judges' decisions, new legal products will cancel or revoke the previous legal. And, for the legal product of a fatwa from the National Syari'ah Board (DSN-MUI), the newly legal product will complete the previous one. However, legal changes will always occur in the context of providing legal certainty, accompanied by the level of benefit for people's lives.
The Challenges of Sharia Pawnshops in Indonesia in The Era of The Industrial Revolution 4.0 Nicho Hadi Wijaya
El-Mashlahah Vol 12, No 1 (2022)
Publisher : Institut Agama Islam Negeri Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23971/elma.v12i1.3910

Abstract

The development of the Islamic financial system in Indonesia is marked by the establishment of various Islamic financial institutions and the issuance of various sharia-based financial instruments. Essentially, Islamic financial institutions are different from conventional financial institutions, in terms of mechanisms, objectives, powers, scope, and responsibilities. The provisions and discourses contained in classical fiqh on Rahn are then adapted to modern economic developments and synergized with the needs of today's society. With the majority of the Muslim population, it is not difficult for Sharia Pawnshops in Indonesia to develop their business. Sharia pawnshops are expected to be able to conduct campaigns to the public about the use of sharia-based products. However, there are still various problems in developing sharia pawnshops in Indonesia. And, an analysis needs to conduct to uncover obstacles and find solutions in an effort to develop sharia pawnshops. The type of the research was normative legal research using a qualitative descriptive approach. The study indicates that Sharia Pawnshops are one of the financial institutions that provide effective alternative funding for the community. The growth of pawnshop profits which continues to grow in the era of the industrial revolution 4.0 and during the Covid-19 pandemic is one indicator of the success of sharia pawnshop management. In addition, sharia pawnshops can prove that they can prioritize Islamic moral values during the rapid development of financial institutions in Indonesia. However, from all of this, there are problems that need to be evaluated to improve the performance of sharia pawnshops in the future.
Formalization of Islamic Law in Indonesia in the Framework of Social Engineering Theory by Roscoe Pound Zainal Muttaqin
El-Mashlahah Vol 11, No 2 (2021)
Publisher : Institut Agama Islam Negeri Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23971/elma.v11i2.2825

Abstract

Law has a very important role in people's lives. And, the law is assumed to have multifunctionality for the goodness of the community itself to achieve justice, legal certainty, orderly, advantages, and others. However, along with changes of time, the changes occur in people's lives that lead the law, as a binding norm, also changes following the harmony with the good of the community itself. In Indonesia, Islamic law as one of the sources of law and a living law has a role in social engineering efforts towards a better life for Indonesian people. Therefore, the problem is, how Islamic law can be a means for social engineering? The answer is, Islamic law can be a means of social engineering by becoming a positive law into legislation. Here, the formalization of Islamic law is urgent. But, the formalization must manifest in form of transformation and internalization of the values contained in Islamic law into the national law. Islamic law is not a static norm but a norm that can perform the dynamizing thought and engineering people's political behavior in realizing their ideals
People's Sovereignty in the System Presidential Threshold in the Perspective Siyasah Al-Syar’iyyah Iqbal Katrino; Yus Afrida
El-Mashlahah Vol 11, No 2 (2021)
Publisher : Institut Agama Islam Negeri Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23971/elma.v11i2.3259

Abstract

UU no. 7/2017 concerning General Elections, is the legal protection for the implementation of the 2019 General Election using the system presidential threshold. The problem is, this is seen as castration of individual rights where power is in the hands of the people. Equal treatment before the law and politics in the context of nominating the President and Vice President is limited to parties that are part of and meet the threshold in the 2014 general election. This research found that the implementation of the system Presidential Threshold in Indonesia was an embodiment of the people's sovereignty itself. Where the individual directly determines the leader, and in making the requirements to become a leader, and the DPR is a representation of the people. This eliminates concerns in the community when the system will be ratified Presidential Threshold in Law Number 7 of 2017 concerning Elections so that the people's sovereignty in the threshold system is by siyasah syar’iyyah where ahlul halli wa al-‘aqdi can determine candidate leaders and Bai’ah is a form of the general election in determining the leader.
The Dynamics of Islamic Jurisprudence in The Eyes of Contemporary Muslims Meirison Meirison; Desmadi Saharuddin; Husnul Fatarib
El-Mashlahah Vol 12, No 1 (2022)
Publisher : Institut Agama Islam Negeri Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23971/elma.v12i1.3939

Abstract

The emergence of sects and their diversity in Islam is caused by the differences in thought and visions of those who follow these sects. When the differences between the followers of these sects is limited to a mere difference of views on this or jurisprudential issue, it is a disagreement or an acceptable difference. Because there is more than one opinion on one jurisprudential issue, so whoever works with this opinion on the issue, his action is permissible. And, whoever works on the same issue with another thought, his movement is also acceptable, and this is from the capacity of Islam and its mercy to the nation. By examining several books related to the views of the ulama on the schools of thought, it has opened the way for us to verify. The article carried out a descriptive analysis approach and a comparative study of the opinions of scholars in different schools of thought and the fatwas issued by our official fatwa institutions. The article find the fanaticism of the sects is one of the causes of the nation's weakness. So, its unity was torn, and its humiliation intensified for the people. And that, they agree on what they agreed upon of the fixed principles, although various problems arise from time to time.  
The Urgency of Patriotism in Maintaining the Unity in the Republic of Indonesia in the Perspective of Maslahah Zezen Zainul Ali
El-Mashlahah Vol 11, No 2 (2021)
Publisher : Institut Agama Islam Negeri Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23971/elma.v11i2.2958

Abstract

Patriotism is the willingness of a citizen to protect the country to maintain national unity. Love for the homeland or patriotism often creates pros and cons in its interpretation. Then, it needs to raise awareness as a step to prevent conflicts that arise and consequently cause divisions within the country. The emergence of interpretations between Patriotism and religion that they cannot be combined, so they have willing to change the state ideology to other ideology, such as khilafah ideology through the emergence of radicalism, extremism, and separatism groups. The research was a literature review using literature data from related books and articles. Data analysis used a qualitative analysis. This study was expected to become a scientific treasure and be practiced in the life of the nation and state. Patriotism explicitly does not available stated in either the Qur'an or Hadith. However, in principle, Islamic law will always answer the problems to provide benefits for mankind, which is the maslahah. Having a love for the homeland is mubah (permitted), but it may switch to be mandatory during emergencies and conditions. This attitude of love for the homeland is in the condition of daruriyah.
The Manyanggar Tradition and Harmony of The Bakumpai Dayak Community in Central Kalimantan Surya Sukti; Munib Munib; Frenky Frenky; Rachmadi Rachmadi
El-Mashlahah Vol 12, No 1 (2022)
Publisher : Institut Agama Islam Negeri Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23971/elma.v12i1.3663

Abstract

The problem in this study is related to the tradition of manyangar heritage of the Hindu Kaharingan religion which is still maintained by the Bakumpai Dayak community even though they are already Muslim. The purpose of this study is to explore how the implementation of the manyangar tradition, explore the reasons for the community to carry out the tradition and analyze the content of Islamic values in the manyanggar tradition. This research is empirical legal research using a descriptive qualitative approach. The findings in this study are that there are two versions of the implementation of this tradition, firstly, the regency of South Barito and Murung Raya, still carry out manyanggar as in the past, using offerings and there are handlers who communicate with Jinn and Gods. Second, in the North Barito regency, manyangar activities have changed, namely by reading ṣalawat burdah around the village and no longer using offerings such as 40 kinds of cakes, buffalo heads, goat heads, chickens, and others. The reasons why people carry out the tradition of manyanggar include, firstly, people still believe in animist beliefs. Second, the community implements customary law that has been passed from generation to generation. As for those related to Islamic values in community-building activities, namely the spirit of cooperation, they work together in carrying out workshops, such as cooperation in making stages, making ancak, making cakes, making food ingredients, and others. The value of alms, in the event of dancing, requires a lot of funds and food ingredients. The funds and food ingredients are donated or donated by community members.
Sociological and Philosophical Study of Ijārah and Ijārah Muntahiya bi Tamlik Novita Angraeni; Erry Fitrya Primadhany
El-Mashlahah Vol 12, No 1 (2022)
Publisher : Institut Agama Islam Negeri Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23971/elma.v12i1.4174

Abstract

Mu’āmalah is a matter that is constantly evolving following the progress of the times, including the ijārah contract and the ijārah muntahiya bi tamlik contract. It is necessary to study sociological and philosophical perspectives to obtain a deep meaning regarding the contextual aspects. This research was normative research that examines the norms and principles of Islamic law as well as developing doctrines that are relevant to the theme of the study. The approach was a conceptual approach which intended to analyze the concepts in Islamic law to find out the meaning. Ijārah is a contract for the transfer of usufructuary rights over an item or service and ijārah muntahiya bi tamlik is a lease agreement with the option of transferring ownership rights. The legal basis of the ijārah agreement and the ijārah muntahiya bi tamlik was found in the Qur'an, Hadith and several regulations. Sociological studies of the ijārah and ijārah muntahiya bi tamlik contracts include that the ijārah and ijārah muntahiya bi tamlik aim to facilitate humans in carrying out their lives and can synergize with each other to meet the needs of life. And containing orders to fulfill individual rights can also bring prosperity and peace to those who implement it. From a philosophical point of view, it contains values sourced from the Qur'an and hadith in the form of values of justice and universal principles and has the goal of benefiting mankind and avoiding harm.
Istihsan as a Finding Method of Progressive Islamic Law in the Industrial Revolution Era 4.0 Diky Faqih Maulana; Abdul Rozak
El-Mashlahah Vol 11, No 2 (2021)
Publisher : Institut Agama Islam Negeri Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23971/elma.v11i2.2981

Abstract

The rapid development of generations and science raises various new problems that are not only solved by the legal sources of the Qur'an and Hadith. Istihsan is a way of finding Islamic law, which is used as a proposition (dalil) in Hanafi fiqh. The article examined the role of istihsan as a finding method of progressive Islamic law. The research was descriptive-analytical with a normative approach. Istihsan is another most decisive option in finding Islamic law, because many contemporary things in the era of the industrial revolution 4.0, such as eye transplant law, buying and selling without qabul lafdzi at mini markets, and transactions on vending machines and online shops have been completed using the istih}san method, as well as establishing the laws. The essential goal of istih}an is to eliminate madorot (harm) and achieve maslahah (benefits). While maslahah is the goal of value in the establishment of progressive Islamic law. istihsan is very possible to be developed and modified as a method of establishing the law that is dynamically and develops following the times.
Dispute Resolution on Muḍārabah Musytarakah Contract on Sharia Insurance in Indonesia: Between Regulation and Practice Riska Fauziah Hayati; Abdul Mujib
El-Mashlahah Vol 12, No 1 (2022)
Publisher : Institut Agama Islam Negeri Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23971/elma.v12i1.3795

Abstract

This paper discussed on how to resolve disputes over the muḍārabah musytarakah contract in sharia insurance by looking at the applicable sharia insurance dispute settlement regulations and sharia insurance policies. This research was normative legal research using the documentation method. The results showed that in various regulations and policies regarding sharia insurance, there are various alternatives (choice of forum) in dispute resolution, including in the muḍārabah musytarakah contract. In general, sharia economic dispute resolution can be done in two ways, namely litigation and non-litigation. Litigation dispute resolution was guided by the mandate of Law Number 3 of 2006 on Religious Courts. Several alternative non-litigation dispute resolutions are mentioned in various regulations, including: by deliberation and consensus; through mediation institutions that are independent and impartial; through an association by the business activities of a sharia insurance company; or the Shari'ah Arbitration Board. Then, in the sharia insurance general policy, there are also various alternative dispute resolutions, including amicably reaching a mutual agreement. But if it is not successful, then the dispute resolution will be carried out through the Indonesian Insurance Mediation Board (BMAI); through the Sharia Arbitration Board; Religious Courts/District Courts in the policy area are issued, or the participant chooses one of the dispute resolution options and is obliged to notify the company.

Page 8 of 17 | Total Record : 167

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