scholarly journals Tinjauan Prinsip-Prinsip Ekonomi Islam dalam Praktik Memasarkan Ikan Asin (Studi Kasus di Desa Lambur Luar Kecamatan Muara Sabak Timur)

2020 ◽  
Vol 5 (2) ◽  
Author(s):  
Wandi Wandi ◽  
M Arif Musthofa ◽  
Ratnah Ningsih
Keyword(s):  
Islamic Law ◽  
Salted Fish ◽  
The Law ◽  
Islamic Economic ◽  
Practice Marketing

This research is motivated by the writer's anxiety regarding the Review of Islamic Economic Principles in Marketing of Salted Fish (Case Study in Lambur Luar Village, Muara Sabak Timur District). The purpose of this research is how are the factors that hinder the marketing of Salted Fish in Lambur Luar Village. What are the obstacles marketing Salted Fish in Lambur Luar Village. In general, the result is from the analysts, the practice of buying and selling salted fish in Lambur Luar village where a seller sells salted fish which is still wet and has damaged fish is also not in accordance with the initial words.  There are those who consider it a normal thing, but there are also those who feel disadvantaged.  Those who think it is normal are justified because their goal is for the buyer to eat and be delicious or satisfied. The view of Islamic law on the practice of buying and selling salted fish in Lambur Luar village has two legal conclusions.  Namely: first, the law is permissible because the buyer and seller have a willing heart, while the second is haram because in the heart, there is no willingness from the buyer of the salted fish Keywords: practice; marketing; salted fish

scholarly journals Fleksibelitas Hukum Ekonomi Syariah

2018 ◽  
Vol 1 (2) ◽  
pp. 161
Author(s):  
Murtadho Ridwan
Keyword(s):  
Literature Review ◽  
Islamic Law ◽  
Economic Law ◽  
The Law ◽  
Islamic Economic ◽  
The Times ◽  
To Receive

<p><em>This study aims to examine the flexibility of Islamic law in general and the flexibility of Islamic law in particular. This study is a literature review. Data is collected from various works that have been produced by the scholars and analyzed descriptively. The results of the study show that in general, Islamic law is divided into two types; First, Islamic law is static (fixed) and will not change, this type of law is based on Nash qath'i. Second, Islamic law that is flexible (dynamic) that can change according to the demands of the times, this type of law is based on the results of ijtihad. Many flexible laws are found in the law of muamalat (Islamic economics) and this has happened since the beginning of Islam. There are many examples of the flexibility of Islamic economic law, including: Umar stopped distributing the land from the war, even though the Messenger of Allah had distributed the land; Umar stopped the portion of the zakat property for the convert group even though they belonged to eight groups who were entitled to receive zakat shares; Umar made a policy to excise non-Muslim traders as big as Usyur (10%) and Dzimmah Expert traders by 5% when they entered the Islamic region; and Umar founded the Diwan (Baitul Mal) even though it never existed at the time of the Prophet.</em><strong><em></em></strong></p>

scholarly journals PENERAPANKONSEP TAYSÎRDALAM SISTEM EKONOMI ISLAM

2014 ◽  
Vol 14 (2) ◽  
Author(s):  
Andi Iswandi
Keyword(s):  
Economic System ◽  
Support Groups ◽  
Islamic Law ◽  
Significant Function ◽  
The Law ◽  
Shari'a Law ◽  
Islamic Economic

Application of Taysîrin The Islamic Economic System. Studies about the taysîrconcept are still minimal but taysîrhas a significant function in addressing issues of Islamic law, particularly in the field of mu’âmalah. In the field of mu’âmalah, the taysîrconcept is not only needed, moreover it is a ‘cure’ in necessity to heal the morbidity of heretical behaviour in business and economics. Taysîrhas also become the answer for groups of people who are contradictory when addressing the Shari’a law. Taysîrdoes not provide answers and support groups who are rigid against Shari’a law (al-mutasyaddid) and also does not provide answers and support groups who undermine the law (al-mutasâhil).DOI: 10.15408/ajis.v14i2.1283

scholarly journals PELAKSANAAN PRODUKSI PRODUK HALAL FOOD MENGGUNAKAN AKAD KERJASAMA DI TINJAU DARI PRINSIP TABADUL AL-MANAFI DAN AN’TARADHIN

2021 ◽  
Vol 3 (1) ◽  
pp. 10-24
Author(s):  
Neni Hardiati ◽  
Atang Abdul Hakim
Keyword(s):  
Islamic Law ◽  
Economic Activities ◽  
Literature Study ◽  
Cooperation Agreement ◽  
Philosophical Foundations ◽  
The People ◽  
Halal Food ◽  
The Law ◽  
Islamic Economic ◽  
Islamic Values

Cooperation agreement in the principles of Tabadul al-manafi and An'taradhin is very effectively applied. For this is evident from the fundamentals of the law. This principle is aqidah, shari'ah and morals. This economic system is based on Islamic values, namely equality, usefulness, balance, kindness and universality (rahmat li al-aalmin), so that the people of Indonesia in the future experience improved economic welfare on the basis of sharia principles. According to thrifty authors that the cooperation agreement has the benefit to be applied to the actors of the production of halal food products.  The source of the law that underlies all economic activities, and other philosophical foundations of Islamic law that form the basis in developing the Islamic economy anywhere and in any form, and should not be out of the sharia corridor. Benefit is the main objective in Islamic economic activities and avoids all forms of normality. Through this paper by qualitative research method, with normative juridical approach through literature study. So that with this method can be excavated filosifis values in the development of Islamic economy in the field of halal product production.

scholarly journals EKSISTENSI KHIYAR DALAM UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN DI TOKO MODERN (Analisis Hukum Ekonomi Syariah)

2016 ◽  
Vol 15 (1) ◽  
pp. 69
Author(s):  
Rahmatul Huda
Keyword(s):  
Consumer Protection ◽  
Islamic Law ◽  
Legal Research ◽  
Conceptual Approach ◽  
Economic Law ◽  
The Law ◽  
Islamic Economic ◽  
The Right

Indonesia is a country that is predominantly Muslim, so that Muslim consumers certainly get the protection of the goods and/or services in accordance with Islamic law. Because the protection of the rights of every citizen of Indonesia. Khiyar is one form of consumer protection in Islam. Surely, khiyar as one of the forms to protect the rights of Muslim consumers are contained in the Consumer Protection Law. This thesis aims to determine: (1) Existence khiyar in Law No. 8 of 1999 on Consumer Protection, and (2) Analysis of the existence of khiyar in Law No. 8 of 1999 on Consumer Protection. This research is a normative law (normative legal research), namely legal research conducted by examining the legal material. The approach taken in this study is the statute approach and the conceptual approach. Based on the method used produced the conclusion that the existence khiyar in Law No. 8 of 1999 on Consumer Protection, contained in article 4, which khiyar aib and khiyar syarath with the right to safety (article 4 letter a), khiyar majlis and khiyar ta'yin with the right to choose (article 4 letter b), khiyar tadlis and khiyar aib with the right to be informed (article 4 letter c and h), and khiyar ru'yah with the right to be heard (article 4 letter d ). Existence khiyar in article 4 of the Law No. 8 of 1999 on Consumer Protection in terms of the Islamic economic law in accordance with the rules of fiqh, maqasid shari'ah, and fiqh.

scholarly journals An Analysis of the Right of a Muslim Child Born Out of Wedlock to Inherit from His or Her Deceased Parent in terms of the Law of Succession: A South African Case Study

Obiter ◽  
2021 ◽  
Vol 42 (1) ◽  
pp. 126-135
Author(s):  
Muneer Abduroaf
Keyword(s):  
South African ◽  
Islamic Law ◽  
Legal Framework ◽  
The South ◽  
The Status ◽  
African Context ◽  
The Law ◽  
The Right ◽  
Law Of Succession

This article analyses the right of a Muslim child born out of wedlock to inherit from his or her deceased parent in terms of the law of succession within the South African context. The status of the child in the South African and Islamic law of intestate succession is first investigated. Thereafter, the status of the child in the South African and Islamic law of testate succession is discussed. The article further looks at the possibility of applying the Islamic law of succession provisions concerning a Muslim child born out of wedlock to the distribution of a deceased estate within the South African legal framework. The article concludes with an analysis of the findings and makes recommendations.

scholarly journals The Arisan of Qurban in Islamic Economic Perspective

2021 ◽  
Vol 6 (1) ◽  
pp. 85
Author(s):  
Syarial Dedi
Keyword(s):  
Islamic Law ◽  
Design Method ◽  
Qualitative Approach ◽  
Economic Perspective ◽  
Analysis Techniques ◽  
Library Research ◽  
Social Gathering ◽  
The Law ◽  
Islamic Economic ◽  
Method Approach

Purpose: This research aims to answer the practice of qurban social gathering that has recently developed in society. There are two interesting things that need to be discussed; the first, in the arisan to conduct the lottery, Islam views the lottery as identical with gambling and the law is strictly forbidden. The second, social gathering is essentially a debt, while qurban worship is obligatory on people who can afford it. Obviously the debtor can't afford it. The conclusions, it was concluded that social gathering is generally classified as a mu'amalat activity that contains elements of mutual assistance. This activity has never been mentioned in the Qur'an or hadith directly, the law refers to the law of origin of mu'amalah, which is permissible. Design/Method/Approach: This research is a library research with a qualitative approach, and uses content analysis techniques with the ushul al-fiqh framework.Findings:He turns into haram, if it contains elements of usury, fraud and causes losses to other parties. The essence of arisan is debt, while qurban worship is borne by capable servants as the characteristics of Islamic law are not burdensome. The leaving worship beyond one's ability is not a sin.Originality/Values:

scholarly journals MENGGAGAS PENDIDIKAN BERWAWASAN KEWIRAUSAHAAN DI PERGURUAN TINGGI ISLAM: STUDI KASUS FAKULTAS SYARI`AH DAN EKONOMI ISLAM IAIN “SMH” BANTEN 2014-2015

2016 ◽  
Vol 7 (1) ◽  
Author(s):  
NUR HIDAYAH
Keyword(s):  
Higher Education ◽  
Islamic Law ◽  
Law And Economics ◽  
Political Will ◽  
State Institute ◽  
Study Program ◽  
Entrepreneurial Culture ◽  
Curriculum Structure ◽  
Islamic Economic

Abstract. Initiating the Education based on Entrepreneurship in Islamic College: a Study at Syariah and Islamic Economic Faculty IAIN "SMH" Banten 2014-2015. There has been a concern over a high unemployment rate among graduates of Islamic higher education and a low proportion of entrepreneurs in Indonesia. In fact, a high proportion of entrepreneurs is one of indicators of a country’s welfare. This has generated a question: to what extent do Islamic values cultivate entrepreneurial culture among its adherents? How to cultivate entrepreneurial culture in Islamic higher education? This paper will investigate this matter using a case study of Faculty of Islamic Law and Economics at Banten State Institute for Islamic Studies. The paper argues that the curriculum at the faculty of Islamic Law and Economics has not been oriented towards building entrepreneurial culture. The curriculum consists of subjects to enhance the students’ competence and skills to prepare them as bachelors of syari`ah economics for the professions such as manager, lecturer, researcher, syari`ah auditor, etc, instead of preparing them for entrepreneurs who are capable to build his or her own business from the scratch. To propose Islamic entrepreneurship study program at the FSEI of IAIN SMHB, it is important to havea strong political will not only from the internal IAIN but also higher authoritative body such as the Ministry of Religious Affairs to facilitate this from not only the accreditation process but also financial support. A further feasibility study needs to be undertaken to build its infrastructure such as qualified lecturers, appropriate curriculum structure, and recruitment student system. Since this field has a strong link with a ‘real sector’, there has been an urgent need to build cooperations with business sector to enable the students to undertake their apprentice and build their networks to facilitate their ability to develop their own business. Abstrak. Menggagas Pendidikan Berwawasan Kewirausahaan Di Perguruan Tinggi Islam: Studi Kasus Fakultas Syari`Ah Dan Ekonomi Islam Iain “Smh” Banten 2014-2015. Penelitian ini berangkat dari keprihatinan terhadap tingginya tingkat pengangguran di kalangan para sarjana lulusan perguruan tinggi (Islam) dan masih rendahnya proporsi pengusaha di Indonesia. Padahal tingginya proporsi pengusaha dapat menjadi salah satu indikator kemakmuran sebuah negara. Oleh karena itu timbul pertanyaan sejauh mana nilai-nilai Islam mendorong budaya wirausaha di kalangan umatnya? Dan bagaimana budaya wirausaha ditumbuh-kembangkan di lembaga pendidikan tinggi Islam? Penelitian ini bersifat deskriptif eskploratif dengan studi kasus pendidikan kewirausahaan di Fakultas Syari`ah dan Ekonomi Islam (FSEI) IAIN “SMH” Banten. Hasil penelitian menunjukkan bahwa kurikulum prodi-prodi yang ada di FSEI belum sepenuhnya berwawasan kewirausahaan. Mahasiswa umumnya banyak dibekali dengan kompetensi dan ketrampilan yang mempersiapkan mereka sebagai sarjana ekonomi syari`ah yang akan mengisi profesi-profesi yang membutuhkan kompetensi di bidang ini seperti manajer, dosen, peneliti, dewan pengawas syariah, dan sebagainya, ketimbang profesi wirausahawan yang berkompetensi untuk merintis usaha dari bawah. Untuk membangun prodi kewirausahaan Islam/bisnis syari`ah di FSEI IAIN SMHB dibutuhkan political will yang kuat dari tidak hanya pihak kampus tetapi juga lembaga otoritas seperti Diktis Kemenag untuk memfasilitasi berdirinya prodi ini baik dari segi perizinan maupun pendanaan. Studi kelayakan awal yang lebih komprehensif perlu dilakukan untuk memetakan kebutuhan sarana dan prasarana seperti kebutuhan formasi dosen yang qualified di bidangnya, struktur kurikulum yang dapat membekali mahasiswa dengan berbagai karakter dan ketrampilan sebagai (calon) pengusaha handal, dan sistem perekrutan untuk menjaring calon mahasiswa unggul. Mengingat profesi ini sangat berhubungan erat dengan sektor rill, perlu dibangun berbagai kerjasama dengan dunia usaha yang dapat digunakan oleh mahasiswa tidak hanya sebagai ‘laboratorium hidup’ dari ilmu yang digelutinya, tetapi juga sarana membangun networking yang dapat memfasilitasi mereka berjejaring sehingga lebih memudahkan ketika akan memulai usahanya kelak

scholarly journals ANALISIS PEMBAGIAN HARTA BERSAMA DALAM KONDISI MATI KALALAH (Studi Kasus Putusan Nomor 197K/AG/2015)

2018 ◽  
Vol 1 (1) ◽  
pp. 488
Author(s):  
Tetty Hariyati ◽  
Wahyuni Retnowulandari
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
Secondary Data ◽  
Legal Research ◽  
Domestic Life ◽  
Positive Law ◽  
Community Property ◽  
The Law ◽  
Husband And Wife

The division of community property is a very essential issue in domestic life. Regarding the positive law taking in force in Indonesia, the division of community property for Islam is regulated in the Compilation of Islamic Law (KHI) where the Compilation of Islamic Law regulates the division of community property for both widowed (widowed and not remarried) and divorced (divorced and not remarried). The widowed is regulated in article 96 of the Compilation of Islamic Law and the divorced is regulated in article 97 of the Compilation of Islamic Law. If examined from these two articles, both equally regulates  if the marriage relationship broke up, the community property is divided for husband and wife, each will get a 50:50 part. However, this is different based upon  Decision Number 197K / AG / 2015 The division is greater for the wife of 60% and 40% for husband. In this case the problem raised here is how the regulation makes an arrangement for division of community property in dead condition without father and children (mati kalalah) under the law of inheritance in Indonesia and how the judge's consideration related to the division of community property in dead condition without father and children (case study: Decision number 197K / AG / 2015)? The author here used normative legal research method that is descriptive and primary and secondary data and also supported by interviews in this study.

scholarly journals Dynamics of Law Enforcement of Aceh's Islamic Jinayat in the Indonesian Democratic System

2021 ◽  
Vol 5 (1) ◽  
pp. 72
Author(s):  
Rabiatul Adawiah ◽  
Ihsan Kamaludin
Keyword(s):  
Islamic Law ◽  
Criminal Code ◽  
Differences Of Opinion ◽  
Democratic System ◽  
The Law ◽  
Special Rules ◽  
The Government ◽  
The Right ◽  
The Impact

<p>In the Pancasila democratic system run by the Indonesian state, the government guarantees the right of every citizen and belief group to manifest their teachings, but there are some areas that have the authority to enforce special policies such as Aceh which has ratified regional regulations based on Islamic law and the State supports the application of the rules. the. This study focuses on analyzing the dynamics of the application of the Criminal Code <em>(Qanun Jinayat)</em> in the Aceh region. The study aim is to find out in-depth of the implementation of <em>Qanun Jinayat</em> method and the impact of a social system in there. The method used in this study is descriptive qualitative research expected to be able to reveal qualitative information with description-analysis using the strategy used in this research is a case study. This research indicates that the implementation of <em>Qanun Jinayat </em>carried out in Aceh often results in differences of opinion because some parties consider that the application of the law overlaps with human rights which is usually implemented in democratic countries such as Indonesia, moreover the law also applies to non-Muslim residents. who live in Aceh. However, there are also several parties who continue to support the implementation of the Qanun Jinayat to continue to be enforced because they have followed special rules ratified by the Government of Indonesia.</p>

MENGGAGAS PENDIDIKAN BERWAWASAN KEWIRAUSAHAAN DI PERGURUAN TINGGI ISLAM

ALQALAM ◽  
2017 ◽  
Vol 34 (1) ◽  
pp. 30
Author(s):  
Nur Hidayah
Keyword(s):  
Higher Education ◽  
Islamic Law ◽  
Law And Economics ◽  
State Institute ◽  
Study Program ◽  
Islamic Studies ◽  
Entrepreneurial Culture ◽  
Curriculum Structure ◽  
Islamic Values

There has been a concern over a high unemployment rate among graduates of Islamic higher education and a low proportion of entrepreneurs in Indonesia. In fact, a high proportion of entrepreneurs is one of indicators of a country’s welfare. This has generated a question: to what extent do Islamic values cultivate entrepreneurial culture among its adherents? How to cultivate entrepreneurial culture in Islamic higher education? This paper will investigate this matter using a case study of Faculty of Islamic Law and Economics at Banten State Institute for Islamic Studies.  The paper argues that the curriculum at the faculty of Islamic Law and Economics has not been oriented towards building entrepreneurial culture. The curriculum consists of subjects to enhance the students’ competence and skills to prepare them as bachelors of syari`ah economics for the professions such as manager, lecturer, researcher, syari`ah auditor, etc, instead of preparing them for entrepreneurs who are capable to build his or her own business from the scratch.    To propose Islamic entrepreneurship study program at the FSEI of IAIN SMHB, it is important to have a strong political will not only from the internal IAIN but also higher authoritative body such as the Ministry of Religious Affairs to facilitate this from not only the accreditation process but also financial support. A further feasibility study needs to be undertaken to build its infrastructure such as qualified lecturers, appropriate curriculum structure, and recruitment student system. Since this field has a strong link with a ‘real sector’, there has been an urgent need to build cooperations with business sector to enable the students to undertake their apprentice and build their networks to facilitate their ability to develop their own business.     Keywords: Islam, entrepreneurship, entrepreneurial education.

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