Abstract
This article analyzes the legal system in the all-you-can-eat ticket system of Tlogo argo-tourism in Central Java, Indonesia. This research is based on recent concerns over the system’s implementation, specifically regarding its lack of clarity (gharar). The study employs a qualitative approach, combining legal-empirical analysis with the legal system theory of Lawrence Friedman and the concept of maṣlaḥah al-mursalah (public interest). The findings show that the all-you-can-eat ticket system in Tlogo argo-tourism has three components required by Lawrence Friedman’s legal system theory: legal structure, legal substance, and legal culture. The legal culture component is crucial in implementing the all-you-can-eat ticket system internally and externally. Moreover, the system also fulfills the three elements of maṣlaḥah al-mursalah: maṣlaḥah ḍaruriyyah (primary public interest), maṣlaḥah ḥajiyyah (tertiary public interest), and maṣlaḥah tahsiniyah (tertiary public interest). Therefore, this study contributes to a wider and more comprehensive view of buying and selling practices from the legal system’s perspective and maṣlaḥah al-mursalah.
| Original language | English |
|---|---|
| Pages (from-to) | 88-103 |
| Number of pages | 16 |
| Journal | Journal of Islamic Law |
| Volume | 4 |
| Issue number | 1 |
| DOIs | |
| Publication status | Published - 1 Feb 2023 |
Bibliographical note
Publisher Copyright:© 2023 by Desi Norma Siamtina, Muhammad Chairul Huda, Sukron Ma’mun, and Nastangin Nastangin.