scholarly journals THE CHALLENGES OF ISLAMIC ECONOMIC LAW IN THE INDUSTRIAL REVOLUTION

JURISDICTIE ◽  
2020 ◽  
Vol 11 (1) ◽  
pp. 125
Author(s):  
Supardin Supardin
Keyword(s):  
Economic Development ◽  
Economic System ◽  
Public Interest ◽  
Industrial Revolution ◽  
Rapid Development ◽  
Development Strategies ◽  
Islamic Banking ◽  
Economic Sector ◽  
Economic Law ◽  
Islamic Economic

<p>This paper explains the challenges of Islamic Economic Law (fiqh muamalah) in the industrial revolution 4.0 era. It aims to analyze the role and implementation of Islamic Economic Law in Indonesia. This is a library-based study. The findings show that there is a rapid development in economic sector that shapes the practice of Islamic Economic Law. Despite the rapid global economic development and the increasing public interest towards the Islamic banking and economy, the Islamic economic Law is facing major problems and challenges. Because of these challenges, the development of the Islamic economic system in Indonesia, in the future, must take further steps or development strategies to implement the Islamic economic system more optimally, such as adaptation to global needs and high competitiveness.</p><p>Tulisan ini menjelaskan tentang realitas fiqh muamalah di era revolusi industri 4.0. Tujuannya adalah untuk melihat peran dan implementasi fiqh muamalah terhadap kegiatan ekonomi Islam, terutama di Indonesia yang mayoritas penduduknya adalah Muslim. Jenis penelitian yang digunakan adalah penelitian normatif dengan pendekatan penelitian kepustakaan. Penelitian ini dikategorikan sebagai tipe analitik deskriptif, yang mencoba untuk menggambarkan dan memberikan analisis yang komprehensif tentang pengembangan fiqh muamalah di era modern ini, yang biasa disebut sebagai revolusi industri 4.0. Hasil penelitian ini menunjukkan bahwa ada perkembangan pesat yang terjadi di sektor ekonomi. Namun terlepas dari perkembangan ekonomi global yang cepat dan meningkatnya minat publik terhadap perbankan dan ekonomi Islam, Fiqh Muamalah menghadapi masalah dan tantangan besar. Karena tantangan ini, pengembangan sistem ekonomi Islam di Indonesia, di masa depan, harus mengambil langkah dan strategi pengembangan untuk mengimplementasikan sistem ekonomi Islam secara lebih optimal, seperti adaptasi terhadap kebutuhan global dan daya saing yang tinggi.</p><p> </p>

scholarly journals The Implementation of Ijarah Muntahiya Bittamlik and Mudharabah Products in the Sharia Economic Law Perspective

2018 ◽  
Vol 2 (2) ◽  
Author(s):  
Mimin Mu’minah
Keyword(s):  
Rapid Development ◽  
Profit Sharing ◽  
Islamic Banking ◽  
Islamic Banks ◽  
Economic Law ◽  
Conventional Banks ◽  
Islamic Economic

This article is motivated by the rapid development of the Islamic banking world, especially in Indonesia where the majority of the population is Muslims. When other countries have given birth to Islamic-based banks, as well as Indonesia, in 1992 was the establishment of Bank Muamalat Indonesia. Islamic banks use applications that are different from conventional banks, where the term on conventional banks is interest, whereas in Islamic banks use the profit sharing application. One application of Islamic banks that is very helpful to customers is the Mudharabah and Ijarah Muntahiya Bittamlik (IMBT) application. Although these two applications exist in Islamic banks or Islamic-based banks, it is possible that the two applications are not in accordance with Islamic economic law. Therefore, this paper tries to analyze the mudharabah and IMBT applications in the perspective of sharia economic law.  

scholarly journals LANGKAH STRATEGIS OPTIMALISASI SISTEM EKONOMI SYARIAH

2014 ◽  
Vol 1 (1) ◽  
Author(s):  
Syarifah Gustiawati Mukri
Keyword(s):  
Economic Development ◽  
Economic System ◽  
Financial System ◽  
Well Being ◽  
Islamic Banking ◽  
Philosophical System ◽  
The Creation ◽  
Islamic Economic

Abstract: Step Strategic Optimization of Islamic Economic System. The role of Islamic financial system in Indonesia has been shown to support the creation of higher economic development, and also support the establishment of a more stable financial system, to achieve the well-being of individuals and society. In order for the role to be significant, hence the need for a strategic steps in the effort to optimize the Islamic economic system. This is to accelerate the development of the Islamic financial system, both nationally and internationally. This article aims to review the philosophical system of Islamic banking. The systems and practices should be done in order to accelerate the pace of Islamic economic development in Indonesia. Keywords: Step Strategic, optimization, Islamic Economic System   Abstrak: Langkah Strategis Optimalisasi Sistem Ekonomi Syariah. Peranan Sistem keuangan syariah di Indonesia telah dipercaya dapat mendukung terciptanya  pembangunan ekonomi yang lebih tinggi, dan juga menyokong terwujudnya sistem keuangan yang lebih stabil, untuk mencapai kesejahteraan individu dan masyarakat. Agar peranan tersebut dapat dirasakan lebih signifikan, maka perlu adanya langkah strategis dalam upaya optimalisasi sistem ekonomi syariah dalam rangka mempercepat perkembangan sistem keuangan syariah, baik secara nasional maupun  internasional. Tulisan ini bertujuan untuk mengkaji sistem ekonomi syariah secara filosofis, sistem dan praktik yang harus dilakukan dalam rangka mempercepat langkah perkembangan ekonomi syariah di Indonesia.  Kata Kunci: Langkah Strategis, Optimalisasi, Sistem Ekonomi SyariahDOI: 10.15408/sjsbs.v1i1.1521

scholarly journals Pembangunan Ekonomi Islami Menurut Fahim Khan Dan Umer Chapra: Sebuah Kajian Komparatif

2019 ◽  
Vol 4 (1) ◽  
Author(s):  
Wiwin Fitriyah
Keyword(s):  
Developing Countries ◽  
Economic Development ◽  
Economic System ◽  
Descriptive Analysis ◽  
Economic Restructuring ◽  
Development Strategies ◽  
High Rate ◽  
Role Of The State ◽  
Islamic Economic ◽  
Economic Development Strategies

Every economic system in the world is the ultimate goal of creating a prosperous, just and equitable life. The effort to achieve this goal is economic development. The highest achievement in the Islamic economic system is the fulfillment of fala>h}, while fala>h} can be achieved by fulfilling the concept of maqa>s}id shari>ah, meaning say, preservation of beliefs, soul, spirit, heredity and property. Some theories about economic development strategies are often formulated by conventional economists framed by the ideology of capitalism and socialism. But the idea can not be separated from the critical projector. In the ranks of contemporary Islamic economic thinkers, criticism of Western development strategies is accompanied by an alternative offer. The object of this research is the reflection of Fahim Khan and Umer Chapra on economic development. This research uses qualitative method, with comparative descriptive analysis technique. From the existing data, the author tries to describe the two objects of research and analyze it, then compare the results of two research objects. After knowing the location of equations and differences, the authors analyze the factors that underlie it. The results show that there are similarities with the problems faced by developing countries. This is the high rate of unemployment or overwork. Fahim Khan also proposes economic development strategies for surplus countries by opening up and animating entrepreneurship as well as institutional support based on a partnership with the system (profit and loss sharing). If the theory of Chapra has nothing to do with the strategy it proposes, it is only the result of the criticism of capitalist and socialist existence that has failed to overcome the problems facing the developing countries. Its strategy focuses on four important elements: moral filters, correct motivation, socio-economic restructuring and the role of the state. There are 5 characteristics that influence the factors that cause the differences and similarities between Fahim Khan's and Umer Chapra's theories on economic development: action, context, history, power, and ideology. Keywords: Fahim Khan's Theory, Umer Chapra's Thoughts, Islamic Economic Development

Prinsip Dasar Ekonomi Dan Bisnis Dalam Islam

AKADEMIKA ◽  
2015 ◽  
Vol 9 (1) ◽  
pp. 69-77
Author(s):  
Misbahul Khoir
Keyword(s):  
Economic Development ◽  
Economic System ◽  
Human Behavior ◽  
Business Performance ◽  
Positive Impact ◽  
Economic Life ◽  
Universal Values ◽  
The Government ◽  
Islamic Economic ◽  
And Behavior

In order for humans could reach the so-called falah (goodness), human behavior needs to be colored with the spirit and norms of Islamic economics reflected in its values. The principles and values of Islamic economics are considerably two inseparable things. The implementation of economic principles without being colored with values or values without being based on principles could keep people far away from their purpose, namely falah. The implementation of values not based on principles will tend to bring with it the normative economics, which would cause it trapped into injustice. While the implementation of values on the Islamic economic development is based on the five universal values, namely akidah (belief), 'adl (justice), nubuwwah (prophetic), khilafah (the government), and ma'ad (results). The five principles are used as the basis for building theories of Islamic economics. But strong and adequate theories not applied into a system will make the Islamic economics just as the study of science without giving positive impact on the economic life. Therefore, based on the five universal values, the three derivative principles should be built into the characteristics and the forerunner of the Islamic economic system. The Islamic economic system makes sure that there are no economic transactions that are contrary to the Shari'a. But business performance depends on the man behind the gun. For that reason, the economic actors within this framework could be held by non-Muslims. The Islamic economics could only be developed if the mindset and behavior of Muslims are already itqan (diligent) and ihsan (professional). It "may be" one of the secrets of the Prophet's statement, saying "Truly I was sent to perfect good character". Because good character could be an indicator of knowing good or bad behavior in determining both the success and the failure of business itself.

Comparative Study Of Islamic Economic Law And The Capitalist

2018 ◽  
Vol 16 (2) ◽  
pp. 104
Author(s):  
Tesa Mellina ◽  
Mohammad Ghozali
Keyword(s):  
Economic System ◽  
Capitalist System ◽  
Economic Problems ◽  
Economic Law ◽  
The Poor ◽  
Economic Practice ◽  
The World ◽  
Islamic Economic ◽  
Economic Injustice ◽  
Islamic Values

The implementation ofthe capitalist system has eliminated the Islamic values in economic practice. After the financial crisis hit the world, the capitalist system reaped many questions and its greatnessbegins to be doubted. The capitalist system implementationprecisely creates new problems in the economy. The concept of individualism which is the main key in capitalist practice only creates economic injustice and misery of the poor. The only economic theory that is expected as a light in dealing with economic problems is an economic system that is able to create justice,the welfare of all parties and blessings both the world and the hereafter. The theory is the Islamic economics which in practice is inseparable from Islamiceconomic law. Islamic economic law that underlies the Islamic economic system is totally different from the capitalist economic system.Keywords: Islamic Economic Law; Islamic economics; Capitalist Economy

scholarly journals Ekonomi Syariah Sebagai ‘Trend’ di Era Globalisasi

2016 ◽  
Vol 1 (2) ◽  
Author(s):  
Jefri Putri Nugraha
Keyword(s):  
Economic Development ◽  
Economic System ◽  
Economic Activity ◽  
Human Life ◽  
Economic Thought ◽  
Islamic Finance ◽  
Economic Problems ◽  
The World ◽  
Islamic Economic

Islam is a universal religion that regulates all dimensions of human life both; the world and the hereafter. Islam has also arranged economic problems since Islam was revealed through the Prophet Muhammad. Al-Quran and al-Hadith as the main reference of sharia economic thought. Islamic finance has become an economic system that was born along with the birth of Islam, but only this decade Islamic economic system become trending topic of discussion. Considering followers conventional notions began to look at the economic system of Syariah. In the era of globalization, there are a tendency in economic development for more attention to ethics in economic activity. This paper aims to explore in depth discussion on the trend of global economic and its development at the same time, reveals the opportunities and challenges in the economic development of sharia in the context of global economic development era.

scholarly journals Corporate Social Responsibility dan Zakat Perusahaan dalam Perspektif Hukum Ekonomi Islam

2016 ◽  
Vol 16 (2) ◽  
pp. 229-240
Author(s):  
A. Chairul Hadi
Keyword(s):  
Corporate Social Responsibility ◽  
Social Responsibility ◽  
Social Services ◽  
Banking Industry ◽  
Islamic Banking ◽  
Islamic Banks ◽  
Legal Entity ◽  
Economic Law ◽  
Islamic Economic ◽  
Corporate Social

Corporate Social Responsibility and Zakat of Company in the Perspective of Islamic Economic Law. Awareness of social responsibility by companies (corporate social responsibility) is increasing today. Almost every company has a board focusing on social services. In the Islamic banking industry, this social responsibility gets serious attention. The study revealed that besides allocating social funds, Islamic banks allocate funds for zakat of company as an obligation of a legal entity (syakhshiyyah hukmiyyah).DOI: 10.15408/ajis.v16i2.4453

scholarly journals Al-Mashaqqah Tajlib Al-Tays¬ir Makna Dan Implikasinya Dalam Pengembangan Ekonomi Islam

2018 ◽  
Vol 3 (2) ◽  
Author(s):  
M. Dliyaul Muflihin
Keyword(s):  
Economic Development ◽  
Financial Institutions ◽  
Islamic Law ◽  
Islamic Banking ◽  
Islamic Banks ◽  
Equal Distribution ◽  
The Public ◽  
Islamic Financial Institutions ◽  
Islamic Economic

The problem of Islamic economics is also increasingly complex with the large number of banks. To meet the needs of transactions, banks have products that are offered to the public. In accordance with the function of the bank, namely collecting and distributing funds to the public. The purpose of channeling funds by Islamic banks is to support the implementation of development, improve justice, togetherness and equal distribution of people's welfare. This paper will answer what is the meaning of al-mashaqqah tajlib al-taysir and how do the Implications of al-mashaqqah tajlib al-taysir in the development of Islamic economy? The result of research shows that the meaning of the rule of al-mashaqqah tajlib al-taysir is the difficulty of bringing convenience. The point is that if implementing a provision of shara' mukallaf faces obstacles in the form of difficulties and limitations that exceed the limits of reasonable capabilities, then the difficulty automatically creates relief provisions. In other words, if we find difficulty in carrying out something that is to be sharia, then the difficulty becomes a justifiable cause to facilitate in carrying out something that is to be provision of sharia, so that we can continue to run the sharia of Allah easily. The implications raised by the rules of al-mashaqqah tajlib al-taysir are the determination of the law of Islamic financial institutions. This impact is seen when Islamic law allows transactions in Islamic banking financial institutions, so that the community will easily meet the needs by transacting with Islamic banking through contracts that have been agreed upon. Keywords: al-Mashaqqah Tajlib al-Taysir, Islamic Economic Development

scholarly journals REFORMULATION OF MEDIATION IN DISPUTE SETTLEMENT ON ISLAMIC BANKING

2019 ◽  
Vol 7 (4) ◽  
pp. 184-194
Author(s):  
Dewi Nurul Musjtari ◽  
Benny Riyanto ◽  
Ro’fah Setyowati
Keyword(s):  
Dispute Settlement ◽  
Field Research ◽  
Mediation Process ◽  
Islamic Banking ◽  
Legal Studies ◽  
Economic Law ◽  
The Supreme Court ◽  
Islamic Economic ◽  
Religious Courts ◽  
Scr No

Purpose of the study: The general objective of this study was to explore the potential of the mediation process as a reformulation of Islamic banking dispute settlement after the Supreme Court Regulation (SCR) on mediation procedure in the court. On the one hand, this study tries to find a repositioning of mediation procedures in resolving disputes over Islamic Banking in religious courts. Methodology: This research was normative and empirical. The data collection techniques of this literature would be done utilizing literature study and field research. Primary data was obtained through field research with interviews. The participants from Judges of Religious Court, Abdul Manan as a Judge of in the Supreme Court Institution, Islamic banking legal unit. Data were processed by a qualitative descriptive analysis technique. Secondary data used consisted of primary legal material sourced from SCR No. 1 of 2016 and the contract. Principal Findings: The mediation process as a reformulation of Islamic banking dispute settlement especially in the Religious Court is according to Article 2 Paragraph (1) SCR No. 1 of 2016. The repositioning of mediation procedures in resolving Islamic banking disputes in the Religious Courts applied by making changes as part of the case registration process implemented through honesty, fidelity, and justice. Applications of this study: This paper is essential for the parties to get the legal certainty in maintaining the continuing development of Islamic banking business, product development, risk management and efficiency of the bank. The study may be instrumental in helping to improve the development of the legal studies programs, notably the Islamic Economic Law. The results of this study will provide benefits for the religious court to improve its performance effectively and efficiently in dispute settlement through mediation. Novelty/Originality of this study: Determination of the mediation as reformulation of dispute settlement on Islamic banking post-enactment or issuance of the SCR No. 1 of 2016 and to find out about repositioning of the mediation procedure and proposing changes in the position (repositioning) of the mediation process and reaffirming the roles, duties and accountability of professional mediators or non-judge mediators so that it is expected that the role of non-judge mediators can active in resolving Islamic banking disputes both in procedures in the court or outside the courts applied at the Indonesian Religious Court. The contribution of this paper will be the revision of the curriculum of legal studies and Islamic Economic Law. The importance for researchers of the study is to develop and improve the capability of researchers for developing the law study program called Islamic Economic Law.

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