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INDONESIA
Al-Maslahah
Published by Institut Agama Islam Negeri Pontianak
ISSN : 19070233     EISSN : 25028367     DOI : -
Core Subject : Religion, Economy,
Religion Economics, Econometrics & Finance
Al-Maslahah (ISSN: 1907-0233, E.ISSN: 2502-8367) is a scientific journal in the fields of syari’ah that published by Syari’ah and Islamic Economic Faculty. Pontianak State Institute of Islamic Studies. This journal contains the masterpiece of professional writers and researchers. The vission of the journal is to be qualified Syari'ah journal either locally or internationally level. Meanwhile, the mission of Al-Maslahah is disseminating professional ideas of Syari'ah study to lectures, researcher, and those who have concern of this field. This journal warmly welcomes contribution from scholars and experts of related disciplines. Al-Maslahah is published biannually i.e. April and October.
Arjuna Subject : -
Articles 6 Documents
 1 
Search results for , issue "Vol 16, No 2 (2020)" : 6 Documents clear
HAK NAFKAH ISTRI YANG BEKERJA MENURUT PANDANGAN KIAI KRAPYAK Yuniar Ihsanul Alfan
Al-Maslahah : Jurnal Ilmu Syariah Vol 16, No 2 (2020)
Publisher : Fakultas Syariah (Syari'ah Faculty )

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-maslahah.v16i2.1743

Abstract

Before the existence of Law number 41 of 2004 concerning endowments, Indonesia has a Government Regulation number 28 of 1977 on the ownership of privately owned land, which was subsequently changed by the Compilation of Islamic Law (KHI) until finally result in Law number 41 of 2004. Along with the development, also develops problems that arise around waqf, one of which is the withdrawal of waqf by waqf heirs. In this study the authors refer to the views of the jurists, namely the views of Imam Malik and Imam Asy-Shafi’i. the research method used is comparative analytic descriptive. From the result of the study indicate that the opinion of Imam Malik waqf property is still in the hands of giver, it means that the recipient of the waqf does not have the rights to the goods or property (waqf) give, because according to him waqf is just a release of benefits. In contrast to the opinion of Imam Shafi’i showing that the property or objects as well as the benefits of the assets that have been represented have been completely separated from wāqif.
PENARIKAN KEMBALI WAKAF MENURUT PANDANGAN IMAM MALIK DAN IMAM ASY-SYAFI’I Nur Fithry Rohmatul Wahdah
Al-Maslahah : Jurnal Ilmu Syariah Vol 16, No 2 (2020)
Publisher : Fakultas Syariah (Syari'ah Faculty )

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-maslahah.v16i2.1697

Abstract

Before the existence of Law number 41 of 2004 concerning endowments, Indonesia has a Government Regulation number 28 of 1977 concernig the ownership of privately owned land, which was subsequently changed by the Compilation of Islamic Law (KHI) until finally giving birth to Law number 41 of 2004. Along with the development, also develops problems that arise around waqf, one of which is the withdrawal of waqf by waqf heirs. In this study the authors refer to the views of the jurists, namely the views of Imam Malik and Imam Asy-Shafi’i. the research method used is comparative analytic descriptive. From the result of the study indicate that the opinion of Imam Malik waqf property is still in the hands of giver, it means that the recipient of the waqf does not have the rights to the goods or property (waqf) give, because according to him waqf is just a release of benefits. In contrast to the opinion of Imam Shafi’i showing that the property or objects as well as the benefits of the assets that have been represented have been completely separated from wāqif. Keywords : Withdrawal of waqf, Imam Malik and Imam Shafi’i
MAQASID SYARIAH DALAM WAKAF SAHAM Sitta 'Ala Arkham
Al-Maslahah : Jurnal Ilmu Syariah Vol 16, No 2 (2020)
Publisher : Fakultas Syariah (Syari'ah Faculty )

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-maslahah.v16i2.1752

Abstract

Maqasid Shariah of waqf is to provide the maximum benefit with remaining the object of waqf. In order, to provide greater benefits, development is needed in the management and object of the waqf itself. Waqf stock become one of the development models of object waqf. The spirit of waqf development should be accompanied by maintaining the purpose of waqf, the existence of waqf stock practice needs to be reviewed from maqasid shariah, so the waqf stock innovations remain in the corridor and do not deviate. There are two models of management in waqf stock, first; capital gain and dividen from stocks as waqf, secondly; the stock as an object of the waqaf itself. This paper is a qualitative study, using the maqasid shariah approach as method. The results showed that the first model is still in accordance with the maqasid shariah - this is attributed to the waqf money. The second model, still conforms to the maqasid shariah by extending its meaning to the immortality of the waqf object, from the former preserving the sum of the shares to the value of the stock, and the istibdal method of the second model.
TINJAUAN MAQASHID SYARIAH Al-SYATIBI TENTANG PERLINDUNGAN HUKUM UMKM DI MASA PANDEMI Rosiana Kholifah; Laili ‘Izza Syahriyati
Al-Maslahah : Jurnal Ilmu Syariah Vol 16, No 2 (2020)
Publisher : Fakultas Syariah (Syari'ah Faculty )

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-maslahah.v16i2.1833

Abstract

The purpose of this research is the protection of small, mid and medium Enterprise (SME) laws in pandemic where this pandemic affects many aspect, one of which is the economy. The economy as an important milestone in people's lives from small to large levels also has an important role in the State. Especially on the legal protection of SME in this pandemic period is urgently needed. As a badly affected SME business, the government is obliged to seek the welfare rights of SME, so that the Economic Activity of the State increases again. The guarantee of legal protection of SME during this pandemic is in accordance with the legislation or government regulations so that the role of SME is not weakened. This research is qualitative research using normative juridical approaches. The collection of data using books related to SME and Sharia Maqashid. The data is collected later with the concept of sharia maqashid Al-Syatibi. The results of the discussion show that economic activity will achieve significant benefits if it achieves the indicators in the Sharia maqashid al-Shatibi. First, the implementation of mental indicators (hifz Nafs) namely, the provision of facilities and assistance to resurrect the competitiveness capabilities of SME and property indicators (hifz mall) with the publication of Act Number 20 of 2008 year which specifically discusses about SME .
MENTARJIH PENETAPAN NASAB ANAK ZINA KEPADA AYAH BIOLOGIS BERDASARKAN KONSEP ANAK DAN MAQSAD HIFZ AL-NASL Solihul Aminal Ma'mun
Al-Maslahah : Jurnal Ilmu Syariah Vol 16, No 2 (2020)
Publisher : Fakultas Syariah (Syari'ah Faculty )

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-maslahah.v16i2.1596

Abstract

Nasab is a bloodline that binds human relations with the father up, children down and sideways. Preservation of nasab including part of the favors of God that has been given to his servant. Because nasab is the basis for protecting people from damage, intricacy and forgery. In the order of Islamic rules nasab child is given to his father. The indication is that a father in Islam is burdened with the responsibility to provide the fulfillment of clothing, food and shelter for his child, or in the general sense a father is obliged to protect, nurture and be a role model for his children. But what if there is a child who is not allowed to rage on his father as the opinion of the majority of Islamic scholars? namely a child born from the result of a relationship outside of marriage (adultery), where at the time of birth his mother had not had time to get married, despite the opinion of a minority of Islamic scholars who disagree with the opinion of the majority. Therefore, the author tries to explain to give priority (tarjih) to the opinion of the minority from the opinion of the majority who have given biological father the opportunity to determine the child he confesses to himself, even without marrying his mother. Because of minority opinion, when viewed in terms of the broad meaning of maqsad hifz al-nasl is very close. This study is a library research and uses a qualitative-inductive approach or in Arabic called tahlili-istiqrai method with theories that are part of the ushul fiqh methodology. The results that the authors take from this study are with al-tarjih baina qaulauini by looking at the most propositions from both opinions. Among them by looking at the perspective of the concept of children and maqsad hifz al-nasl.
JUAL BELI DEBU METAL PERSPEKTIF HUKUM EKONOMI SYARI’AH (Studi di Toko Emas Pasar Talang Padang, Kabupaten Tanggamus, Provinsi Lampung) Khalifatul Azkiya; Jayusman Jayusman
Al-Maslahah : Jurnal Ilmu Syariah Vol 16, No 2 (2020)
Publisher : Fakultas Syariah (Syari'ah Faculty )

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-maslahah.v16i2.1854

Abstract

Humans are social creatures who need each other so they can help. One of them is through the trade route which is carried out on the basis of benefit considerations, namely: buying and selling of metal dust. This buying and selling has been going on for a long time in several gold shops in the Talang Padang market, Tanggamus Regency, Lampung Province. Sellers and buyers do not know the gold content in the dust, so it is suspected that there is gharar. Furthermore, we will discuss how the Islamic law review about the practice of buying and selling metal dust in the gold shop, Talang Padang market, Tanggamus Regency, Lampung Province? This discussion concludes that the law of metal dust buying and selling that occurs in the Talang Padang market, Tanggamus Regency, Lampung Province is authentic. Although it is not yet known the amount of gold in the dust which causes one of the requirements of ma'qūd 'alaih not to be fulfilled, this obscurity (gharar) is gharar which is a small quantity that does not cause the seller or buyer to always lose because the seller and the buyer are the same person. have experience and expertise. So the buying and selling of metal dust is a legal buying and selling in Islam

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