scholarly journals Implementation of fiqh based on the maslahah in murabahah financing in sharia banking

2019 ◽  
Vol 18 (1) ◽  
pp. 119
Author(s):  
Abdul Atsar ◽  
Azid Izuddin
Keyword(s):  
Islamic Law ◽  
Secondary Data ◽  
Primary Data ◽  
Islamic Banking ◽  
Inventory Data ◽  
Public Interests ◽  
The People ◽  
Inductive Methods ◽  
Analytical Research ◽  
The Concept Of Law

The law of Muamalat gives the freedom to bind themselves to contracts and conduct transactions for mutual benefits and benefits. Islamic banking prepares various types of contracts in accordance with sharia provisions, one of the murabahah contracts. The formulation of the problem in this study is how is the application of fiqh maslahah in Islamic banking murabahah financing contracts? The method used in this study is a normative juridical method, which refers to the concept of law as a rule. In this research the author of the legal approach, analytical approach. The specification of this study is descriptive analytical research. The type of data used in this study are secondary data and primary data. Data collection begins with activities to identify and inventory data sources. Drawing conclusions is done using inductive methods. Murabahah is a sale and purchase agreement between a bank and a customer where the bank buys the goods needed and resells the customer with a basic cost plus profits agreed by both parties, there is no coercion from the parties in making murabahah agreements. In making and implementing murabahah financing contracts must pay attention to public interests not just the interests of the parties. According to Islamic law in making contracts based on sharia principles, must prioritize the benefit and refuse harm to achieve the goal of shara, namely to increase the benefit of the people by guaranteeing basic needs (dharuriyah) and fulfilling secondary needs, needs (hajjiiyah) and their complementary needs.

scholarly journals Financial Inclusion through Islamic Banking

2017 ◽  
Vol 6 (2) ◽  
pp. 324
Author(s):  
Mumna Nazar
Keyword(s):  
Financial Services ◽  
Banking System ◽  
Secondary Data ◽  
Financial Inclusion ◽  
Primary Data ◽  
Islamic Banking ◽  
Committee Report ◽  
Secondary Sources ◽  
The People ◽  
Financial Exclusion

<div><p><em>Financial inclusion is a buzz word today. It plays an important role in driving away the poverty from the country. Financial inclusion is the process of ensuring financial services to the weaker sections of the society at an affordable cost. As per the Sachar Committee Report, Muslims in India are financially excluded. Even though they have an account, the extent of usage is very low due to the religious reasons.  The Non-Muslims also do not actively engage in the formal financial system due to the interest involvement. Islamic Bank can serve as a remedy for the financial exclusion of the Muslims as well as Non-Muslims community. The objective of this paper is to understand the extent of financial inclusion among the people in Kerala and their awareness and preference towards Islamic banking. Both primary and secondary data are collected for the study. Secondary data are collected from various secondary sources like published articles, journals, reports, books and websites. Primary data are collected with the help of questionnaire among people in Kerala. The study revealed that most of the respondents have accessed bank accounts but the extent of usage is only for namesake. Moreover the awareness and preference towards Islamic Banking is very high among the Muslims as well as Non-Muslims and suggested that proper care must be taken for introducing Islamic banking system in India. It will ultimately leads to the inclusive growth of our country.</em></p></div>

PEMBATALAN UANG MUKA DALAM PERJANJIAN PESANAN MENURUT HUKUM EKONOMI SYARIAH (Studi Kasus pada Mebel Jati Ukir Sumber Anugrah Metro Utara)

2019 ◽  
Vol 6 (2) ◽  
Author(s):  
Siti Zulaikha
Keyword(s):  
Field Research ◽  
Secondary Data ◽  
Data Sources ◽  
Primary Data ◽  
Descriptive Research ◽  
Economic Law ◽  
The People ◽  
Inductive Methods ◽  
Qualitative Descriptive ◽  
Islamic Economic

Buying and selling is one form of activity that involves the relationship between humans to meet their daily needs. The problems that occur in the order agreement in Mebel Jati Ukir Sumber Anugrah Metro Utara are the practice of applying advances in order agreements and how the views of sharia economic law apply to the cancellation of advances in order agreements. The purpose of this study is to find out how to apply advances in agreements order and know how the views of sharia economic law on the application of advances in the agreement of orders for Mebel Jati Ukir Sumber Anugrah Metro Utara. The benefit of this study is to be able to add to the scientific repertoire in the field of muam especially regarding the views of sharia economic law on the application of advances in order agreements and as input for the people who make order agreements to pay attention to Islamic economic law provisions so that no party is harmed. This study uses a type of field research research with the nature of qualitative descriptive research. Data sources used are primary data sources and secondary data sources. The data obtained were analyzed using qualitative analysis methods namely inductive methods. Based on the research it can be concluded that the application of advances in the order agreement in teak Mebel Jati Ukir Sumber Anugrah Metro Utara according to Sharia Economic Law is permissible. This is because the furniture owner has provided a period of time for the buyer to settle the remaining payment. So that if the buyer cannot pay off the remaining payment before maturity, then the advance that has been given belongs to the furniture.

scholarly journals MODEL PERJANJIAN EFEKTIF UNTUK MENGURANGI TINGKAT RESIKO DALAM PEMBIAYAAN MUDHARABAH PADA BANK SYARIAH

2014 ◽  
Vol 3 (2) ◽  
Author(s):  
Luthfiyah Trini Hastuti ◽  
Burhanudin Harahap ◽  
Solikhah ,
Keyword(s):  
Content Analysis ◽  
Focus Group ◽  
Islamic Law ◽  
Group Discussion ◽  
Legal Protection ◽  
Secondary Data ◽  
Primary Data ◽  
Islamic Banking ◽  
Real Nature ◽  
Library Research

<p align="center"><strong><em>Abstract</em></strong></p><p><em>Mudaraba is a cooperative institution agreed by jurists in lieu of debts or borrowing in the banking feared contain elements of usury. In a period of more than ten years, it was financing is not optimal as expected by the scientists of Islamic law. Research for this first year aims; (1) Inventory overview of Islamic banking desire to give of financing; (2) review the description of Islamic banking desire to give of financing; (3) Develop forms of legal protection that is ideal to be used as a model in reducing the level of risk faced by the Islamic banking in providing of financing; (4) Develop a model agreement ideal for Islamic banking in order to improve the provision of financing to customers. This study is an empirical research related to the identification and effectiveness of the law. The data used are primary data and secondary data. The primary data obtained through interviews and focus group discussions. Secondary data were obtained through library research related to the problem under study. Analyses were performed using content analysis (content analysis), which examines the contents of mudaraba cooperation. The results showed that; (1) In principle, Islamic banking has committed to provide financing is optimal; (2) the desire to provide optimal financing constraints facing many complex factors, ranging from the issue of the system to issue public unprepared to accept it; that society is pragmatic and less understand the real nature of mudaraba; (3) Islamic banks need to receive adequate legal protection for accounts receivable financing is not given in the form of a dishonest act of the customer; (4) model is ideal agreement of financing by Islamic banking is; (A) the customer in the form of the company because it is easy to mlakukan supervision; (B) similar business field.</em></p><p><strong><em>Keywords: </em></strong><em>mudaraba, agreement, cooperation, legal protection</em></p><p align="center"><strong>Abstrak</strong></p><p><em>Mudharabah </em>adalah pranata kerjasama yang disepakati oleh para ahli hukum Islam sebagai pengganti utang piutang atau pinjam meminjam dalam perbankan yang dikhawatirkan mengandung unsur riba. Dalam kurun waktu lebih dari sepuluh tahun ternyata pembiayaan <em>mudharabah </em>tidak optimal sebagaimana yang diharapkan oleh para ilmuwan hukum Islam. Penelitian ini bertujuan; (1) Menginventarisasi gambaran keinginan perbankan syariah dalam memberikan pembiayaan <em>mudharabah</em>; (2) mengkaji gambaran keinginan perbankan syariah dalam memberikan pembiayaan <em>mudharabah; </em>(3) Menyusun bentuk-bentuk perlindungan hukum yang ideal untuk dijadikan model  dalam mengurangi tingkat resiko yang dihadapi perbankan syariah dalam memberikan pembiayaan <em>mudharabah</em>; (4) Menyusun model perjanjian yang ideal bagi perbankan syariah agar dapat meningkatkan pemberian pembiayaan <em>mudharabah </em>kepada nasabah.Penelitian ini merupakan penelitian empiris yang berkait dengan identifikasi dan efektivitas hukum. Data yang dipergunakan adalah data primer yang diperoleh dengan wawancara dan <em>focus group discussion </em>dan data sekunder yang diperoleh melalui studi kepustakaan yang berkait dengan persoalan yang dikaji lalu dianalisis dengan menggunakan analisis isi (<em>conten</em><em>t analysis</em>), yaitu mengkaji isi kerjasama <em>mudharabah</em>. Hasil penelitian menunjukkan bahwa; (1) Pada prinsipnya perbankan syariah mempunyai mempunyai komitmen untuk memberikan pembiayaan <em>mudharabah </em>secara optimal; (2) keinginan untuk memberikan pembiayaan secara optimal menghadapi kendala berbagai faktor yang kompleks, mulai dari persoalan sistem sampai persoalan ketidaksiapan masyarakat untuk menerimanya; yaitu masyarakat bersifat pragmatis dan kurang memahami hakekat yang sebenarnya tentang <em>mudharaba</em>h; (3) Perbankan syariah perlu mendapat perlindungan hukum secara memadai karena pembiayaan <em>mudharabah </em>tidak berbentuk piutang yang diberikan dari perbuatan yang tidak jujur dari nasabah; (4) Model perjanjian ideal pembiayaan <em>mudharabah </em>oleh perbankan syariah adalah; (a) nasabah berbentuk perusahaan karena mudah untuk mlakukan pengawasan; (b) bidang usaha yang sejenis;</p><p><strong>Kata kunci: </strong><em>mudharabah</em>, perjanjian, kerjasama, perlindungan hukum.</p>

ANALISIS YURIDIS PERJANJIAN JUAL BELI MELALUI MEDIA ELEKTRONIK BERDASARKAN KUH PERDATA DAN UNDANG - UNDANG NOMOR 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK

2020 ◽  
Vol 18 (1) ◽  
pp. 114
Author(s):  
Anggit Rahmat Fauzi ◽  
Ansari Ansari
Keyword(s):  
Descriptive Analysis ◽  
Legal Protection ◽  
Secondary Data ◽  
Electronic Media ◽  
Primary Data ◽  
The Internet ◽  
Legal Problem ◽  
Civil State ◽  
Consumer Protection Act ◽  
The People

The utilization of e-commerce media in the trading world brings impact to the international community in general and the people of Indonesia in particular. For Indonesian people, This is related to a very important legal problem. The importance of law in the field of e-commerce is mainly in protecting the parties who transact through the Internet. The purpose of this study is to know the legal review of the buying and selling agreements through electronic media as well as to know the legal protections for sellers and buyers if one of the parties commits a default. The research uses a normative juridical method of approach and the discussion is done in a descriptive analysis. The source and type of data used are primary data and secondary data. While the data collection techniques using literature studies, and the data obtained will be analyzed qualitatively. The agreement to buy and sell through electronic media is a new phenomenon that has been implemented in various countries and regulated in the Civil state nor law ITE. Legal protection for the parties in the sale and purchase agreements through electronic media is governed by the consumer protection ACT. Any breach must respond to any loss arising from his or her actions.

Utilization Of Healthcare Services To General Patient At Inpatient Unit of Anutapura General Hospital, Palu City

2020 ◽  
Vol 10 (1) ◽  
pp. 35-44
Author(s):  
Fausiah Fausiah
Keyword(s):  
Health Services ◽  
General Hospital ◽  
Health Beliefs ◽  
Secondary Data ◽  
Healthcare Services ◽  
Primary Data ◽  
Utilization Of Health Services ◽  
The People ◽  
Quantitative Descriptive ◽  
Utilization Of Healthcare

The number of inpatient visits in RSU Anutapura Palu, where in 2015 inpatient visits of 5,640, then in 2016 patient visits decreased to 5,451, in 2017 also decreased to 3,999 and in 2018 also decreased Drastic to 1,146 patient visits. This research aims to determine the utilization of health services in patients in general hospitalization in RSU Anutapura Palu. This type of research is quantitative descriptive. Research was conducted from May-June 2019. The population in the study is a visitor (number of hospitalizations) at the General Hospital (RSU) Anutapura Palu. In this case the people who use health services in the General Hospital (RSU) Anutapura Palu recorded as many as 1,146 visitors (patients) in the year 2018. Primary data collection is through questionnaires and secondary data through the study of patient record documents and other supporting documents. The utilization of health services in patients in general hospitalization in RSU Anutapura Palu is well from the aspects of health beliefs, abilities and needs. RSU Anutapura Palu is expected to be able to improve the promotion of health services so that people use the health services provided.  

APPLICATION OF AKAD IJARAH ISLAMIC LAW IN THE AL-QUR'AN

ISLAMIKA ◽  
2020 ◽  
Vol 14 (1) ◽  
pp. 1-11
Author(s):  
Ade Jamarudin ◽  
Ofa Ch Pudin
Keyword(s):  
Financial Institutions ◽  
Islamic Law ◽  
Financial Institution ◽  
Field Research ◽  
Secondary Data ◽  
Research Field ◽  
Islamic Banking ◽  
Library Research ◽  
Human Labor ◽  
Leasing Company

Ijarah is a contract on the transfer of goods or services with rewards instead. Ijarah based transactions with the displacement benefit (rights to), not transfer of ownership (property rights), there ijara financing translates as buying and selling services (wages hired), that take advantage of human power, there is also a translate lease, which take advantage of goods. Application ijarah growing financial institutions in the current Shari'ah is happening on the leasing company (financial institution based on Islamic teachings, as well as Islamic banking is one of the products in Islamic finance. Application ijarah emerging financial institutions shari'ah 'ah at the moment that is happening on the leasing company (financial institution based on Islamic teachings, as well as Islamic banking is one of the Islamic financing products). This research is a library research (library research) and field research (field research), and is descriptive, analytic and comparative. Data sources used in this study are sourced from primary and secondary data. Ijarah transactions are based on the transfer of benefits (use rights), not the transfer of ownership (ownership rights), some translate ijarah financing as the sale and purchase of services (wage wages), i.e., taking the benefits of human labor

scholarly journals DEVELOPMENT NEED ASSESSMENT AND EVOLVING PLAN FOR BOGALUR BLOCK, RAMANATHPURAM DISTRICT, TAMIL NADU

2021 ◽  
Vol 9 (03) ◽  
pp. 35-46
Author(s):  
Gulshan Bhatt ◽  
S. Rajalakshmi
Keyword(s):  
Data Collection ◽  
Needs Assessment ◽  
Tamil Nadu ◽  
Secondary Data ◽  
Training Needs ◽  
Primary Data ◽  
Personal Interview ◽  
Training Needs Assessment ◽  
The People ◽  
Community People

This study has done to find the minimum needs to the people of Bogalur block, Ramanathpuram district of Tamil Nadu. Needs assessment is a process for determining an organizations needs. It usually consists of three main parts:Initiation, Data Collection & Analysis and Final Production.A needs assessment can be implemented within the organization and within the community to categorize an arising need. Any training needs assessment depends on the condition& situation of the place to implement. This research helps to understand the problem faced by the people and what kind of need they have. The methodology used for this study iscollection of secondary data, collection of primary data through PRAs and personal interview. And After identifying the need of poor community people, a plan has been developed for the block along with community participation.

scholarly journals Konsep Khilafah Menurut Sayyid Quthb dan Taqiyuddin Al-Nabhani dalam Perspektif Syiasyah Syar’iyyah

PALAPA ◽  
2020 ◽  
Vol 8 (2) ◽  
pp. 244-284
Author(s):  
Nurhadi Nurhadi ◽  
Mawardi Dalimunthe
Keyword(s):  
Islamic Law ◽  
Descriptive Analysis ◽  
Data Sources ◽  
Primary Data ◽  
Legal Basis ◽  
Islamic World ◽  
The People ◽  
Qualitative Descriptive ◽  
The One ◽  
The Right

The purpose of this study is to find out the concept of khilafah according to Sayyid Quthub and Taqiyuddin al-Nabhani, differences and legal basis. This study is a library model, with primary data sources, the Zhilalal-Qur'anic Tafseer and Nizham Al-Hukmi Fi Al-Islam and qualitative descriptive analysis methods. The result is the thought of the concept of khilafah according to sayyid Quthub: 1). The concept of the ruler / caliph, that who becomes the ruler of the choice of the Muslims, acts in absolute freedom, but that person gets the authority because he constantly applies the law of Allah Almighty. 2). The Islamic government system, the Supra Nasional government (the unity of the entire Islamic world). 3). The pillars of his Islamic government: a). Justice of the ruler; b). People's obedience; c). Consultation between the people and the authorities. Thought of the concept of the Caliphate according to Taqiyuddin Al-Nabhani: 1). The concept of the ruler / caliph is a person who represents the Ummah in government affairs and power and in applying syara 'laws. 2). The system of government is khilafah. 3). The pillars of his Islamic government: a). Sovereignty in the hands of syara '; b). Power of the people; c). To appoint a legal Caliph fardlu for all Muslims; d). Only Khailfah has the right to carry out tabanni (adoption) against syara 'laws; e) The Caliph has the right to make constitutions and all other laws. The differences in the concept of khilafah are both: 1). According to Sayyid Quthub, if the ruler fails, then the ruler can be dismissed if the Muslims are no longer satisfied with him. This statement gives a signal that the people get rid of the rulers who no longer fulfill their functions (zhalim rulers). It is different from the opinion of Taqiyuddin al-Nabhani. An Amir al-mu'minin (Khalifah), even though he is responsible before the people and his representatives, but the people and their representatives are not entitled to dismiss him. Nor will the Caliph be dismissed, except when deviating from Shara law. The one who determined the dismissal was only the Mazhalim court. 2). The system of Islamic government according to Sayyid Quthub does not question any system of government in accordance with the system of conditions of society, but this government is characterized by respect for the supremacy of Islamic law (shari'ah). Whereas According to Taqiyuddin Al-Nabhani that the system of Islamic government is khilafah. 3). The pillars of Islamic government according to Sayyid Quthub and Taqiyyuddin al-Nabhani, points three parts a and b at the above conclusions are: 1). Sayyid Quthub: a). Justice of the ruler; b). People's obedience; c). Consultation between the people and the authorities. 2). Taqiyyuddin al-Nabhani: a). Sovereignty in the hands of syara; b). Power of the people; c). To appoint a legal Caliph fardlu for all Muslims; d). Only Khailfah has the right to do tabanni (adoption) against the laws of shara; e). The Caliph has the right to make constitutions and all other laws. The legal bases for determining the Caliphate according to both: 1). The legal basis for the establishment of the Caliphate according to Sayyid Quthub: 1). Ruler, Qur'an Surah (2) al-Baqarah verse 30; 2). Islamic Government System, Qur'an Surah (24) an-Nur verse 55; 3). Pillars of Islamic Government, Qur'an Surah (4) an-Nisa 'verse 58. 2). The legal basis for the establishment of the Caliphate according to Taqiyyuddin al-Nabhani: 1). Ruler, hadith of Muslim history from Abu Said Al khudri, Hadith no. 1853 and Muslims from Abdullah Bin Amru Bin Ash, Hadith no. 1844; 2). Islamic Government System, Al-Qur'an surah an-Nisa '(4) verse 59, an-Nisa' (4) verse 65. Muslim, saheeh Muslim, volumes, 3 pp., 1459 and 1480; 3). Islamic Pillars of Government al-Qur'an surah An-Nisa (3) verse 65, and Surah An-Nisa (3) verses': 5.

scholarly journals Ketimpangan Sosial dalam Penegakan Protokol Kesehatan pada Masa Pandemi Covid-19 di Kota Pontianak

2021 ◽  
Vol 7 (3) ◽  
pp. 89
Author(s):  
Arifin Arifin
Keyword(s):  
Data Collection ◽  
Qualitative Method ◽  
Secondary Data ◽  
Primary Data ◽  
Policy Enforcement ◽  
Coffee Shop ◽  
The People

Penelitian ini mendeskripsikan tentang kasus penegakan kebijakan protokol kesehatan yang tidak konsisten di Kota Pontianak. Kondisi masyarakat ini merepresentasikan keterlibatan mereka sebagai bagian dari penyelenggaraan kebijakan, khususnya dalam penegakan kebijakan protokol kesehatan di masa pandemic Covid-19. Terjadi ketimpangan yang tidak adil dalam penegakan aturan ini. Penelitian ini menggunakan metode kualitatif dengan pengumpulan data primer melalui wawancara dan observasi. Pengumpulan data sekunder juga dilakukan dengan penelusuran daring. Berdasarkan hasil penelitian, ketaatan masyarakat Kota Pontianak terhadap penyelenggaraan aturan protokol kesehatan tergolong baik. Hal ini dilihat dari kepatuhan masyarakat dalam melaksanakan perilaku menjaga jarak, mencuci tangan, dan memakai masker secara konsisten. Meski demikian, ada juga pelanggaran aturan yang terjadi. Hal ini dilihat dari jumlah sanksi atau denda yang diberlakukan kepada sejumlah pengusaha kedai kopi. This paper describes the case of inconsistent health protocol policy enforcement in Pontianak City. The condition of this community represents their involvement as part of the implementation of policies, especially in the enforcement of health protocol policies during the Covid-19 pandemic. There is unfair and inequality in the enforcement of the rule. This research uses qualitative method, with primary data collection by interview and observation. Secondary data collection is also done with online browsing. Based on the results of the study, the adherence of the people of Pontianak city to the implementation of health protocol rules is relatively good. This is seen from the community's compliance in maintaining distance, washing hands, and wearing masks consistently. However, there is also a violation of the rules that occur, this is seen from the number of sanctions or fines imposed on a number of coffee shop entrepreneurs.

scholarly journals Perubahan Sosial Terhadap Perkembangan Desa Rasau Jaya 3 Setelah Pembangunan Taman Bunga Rajati Flower Garden

2020 ◽  
Vol 11 (1) ◽  
pp. 30
Author(s):  
Istiqomah Istiqomah ◽  
Ragil Tri Novitasari
Keyword(s):  
Social Change ◽  
Research Method ◽  
Secondary Data ◽  
Development Planning ◽  
Qualitative Approach ◽  
Data Sources ◽  
Primary Data ◽  
The People ◽  
The Village ◽  
Economic Improvement

The purpose of this study is for learning. This study entitled Social Change Towards Development of Rasau Jaya Village 3 After the Development of the Rajati Flower Garden. With the problem of how social change in the village of Rasau Jaya 3, economic improvement after the construction of a flower garden, development planning or the addition of facilities. This research method is a descriptive qualitative approach. Data sources of this research are primary data and secondary data. The results showed that: after the construction of the flower garden in Rasau Jaya 3 village the development of social change there was increasing, the people there accepted the development of the flower garden, because with the development of the community's economy there could be increased, because the people there could sell at around the flower garden so that it can increase their economy again there, and there will be plans to add facilities in the flower garden so that it can attract visitors to keep coming to the flower garden of the flower garden rajati.

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