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 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.

Pengadaan Vaksin Covid-19 Triwulan I Tahun 2021 di Indonesia Persfektif Hukum Ekonomi Syariah

2021 ◽  
Vol 4 (2) ◽  
pp. 260-279
Author(s):  
Kuryani Saputra ◽  
A. Kumedi Jafar ◽  
Muhammad Iqbal   Fasa
Keyword(s):  
Islamic Law ◽  
Law And Economics ◽  
Secondary Data ◽  
Data Sources ◽  
Literature Study ◽  
Economic Law ◽  
Trade Law ◽  
Import And Export ◽  
The Government ◽  
Islamic Economic

In the first quarter of 2021, Indonesia will purchase vaccines by importing COVID-19 vaccines from COVID-19 vaccine companies. Islamic Economic Law regulates the process of purchasing vaccines by importing Covid-19 vaccines, how transactions are completed, and aspects of the safety and halalness of Covid-19 vaccines. The purpose of this study was to determine the import contract of Indonesia's Covid-19 vaccine with halal guarantees and health aspects in accordance with sharia economic law. This research uses literature study method. The data analysis method used in this research is deductive analysis. The data collection method in this research is documentation. Sources of data used are primary and secondary data sources. The main data sources used in this study are COVID-19 vaccines, vaccine books, import and export of Islamic law and economics, Islamic law, trade law, and documents related to precedents contained in Islamic law. Sources of supporting data used in this research come from scientific studies, articles, and books that support the research topic. From the perspective of Islamic economic law, the purchase of the Covid-19 vaccine in Indonesia is included in the Salam sale and purchase contract. MUI has announced that the Covid-19 vaccine product is halal and multifaceted. In accordance with Presidential Regulation No. 99 regarding vaccine procurement and vaccination implementation in 2020, the current sales contract is in effect. For the Covid-19 pandemic, if there is a mandatory threat, the contract can be extended. Or cancel. The government guarantees the safety, type and quality of halal products as well as the effectiveness of the Covid-19 vaccine (namely the POM and MUI). The type of covid-19 vaccine with guaranteed halal products and an emergency use license is the type of vaccine from PT. Bio Farma (Persero), Sinovach Biontech Ltd, AstraZeneca.Keywords : vaccine procurement, covid-19 vaccine, salam contract

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 CHARACTERISTICS AND ESSENCE OF FATWAS ON ISLAMIC ECONOMIC LAW IN INDONESIA

2021 ◽  
Vol 9 (1) ◽  
pp. 155-174
Author(s):  
Doli Witro ◽  
Atang Abdul Hakim ◽  
Koko Komaruddin
Keyword(s):  
Qualitative Research ◽  
Islamic Law ◽  
The Political ◽  
Historical Approach ◽  
State Institutions ◽  
Normative Approach ◽  
Economic Law ◽  
Political Approach ◽  
Islamic Economic

In Indonesia, one of the institutions authorized to issue fatwas is the Indonesian Ulama Council (MUI). MUI is an institution with the role and authority to issue fatwas for Indonesian citizens who are diverse in Islam which are not mentioned in the Al-Quran and Hadith. Although not all groups can accept the fatwa issued by the MUI or there are reaping criticism and controversy by some circles, the influence and role of the MUI fatwa are considerable in maintaining the peace of the Indonesian people. Departing from this, it is essential to see fatwas based on the characteristics and essence of fatwas on Islamic economic law. This paper is conducted in qualitative research. There are several approaches used in this paper, namely, the normative approach, the historical approach, and the political approach. This paper aims to reveal the characteristics and essence of fatwas on sharia economic law in Indonesia. The analysis results show that fatwas as a product of Islamic law are identical to fiqh and have inherent specific characteristization. In essence, a fatwa can become state law if there is recognition through competent state institutions.

scholarly journals Royalty Fee Bisnis Waralaba Ritel di Kota Makassar dalam Perspektif Hukum Ekonomi Syariah

2021 ◽  
Vol 7 (1) ◽  
pp. 139-158
Author(s):  
Andi Nur Afifah ◽  
Sohrah ◽  
Muslimin Kara
Keyword(s):  
Islamic Law ◽  
Delay System ◽  
Retail Store ◽  
Descriptive Research ◽  
Economic Law ◽  
Qualitative Descriptive ◽  
The Difference ◽  
Islamic Economic ◽  
Sociological Approaches ◽  
The City

The aim of this research was to determine and understand the royalty fees for retail store franchise business in the perspective of Islamic economic law in the city of Makassar. This research was a type of qualitative descriptive research (non-statistical) using normative, phenomenological, and sociological approaches. Findings of this research revealed that: First, the franchise of company X with its franchisee was in accordance with the Islamic law, there was no element of fraud in terms of contracts and agreements which was implemented in transparency. While, the franchise of company Y and its franchisee, there were different perceptions of policies related to the contract and franchise agreement, namely the absence of a written signing so that it was not in accordance with sharia, but both parties agreed on considerations and amendment policies that made specifically by the franchisee. Second, the implementation of royalty fees between the two companies had been carried out in transparency. The difference of both companies and their franchisees was from the policy of late payment of royalty fees. Company X and its franchisee used a maximum three-month deadline with an interest system, this was not adjusted to Islamic law because interest includes usury. Then, company Y and its franchisee would absolutely not use the delay system policy, because the royalty fee would automatically be deducted from the franchisee's cashback by purchasing products at Company Y.

Menggagas Fikih Media Sosial

2019 ◽  
Vol 13 (1) ◽  
pp. 65-81
Author(s):  
Khariri Khariri
Keyword(s):  
Social Media ◽  
Social History ◽  
Industrial Revolution ◽  
Islamic Law ◽  
Legal Provisions ◽  
Negative Findings ◽  
History Of ◽  
The Law ◽  
Use Of Social Media ◽  
The Times

The development in the field of information technology in the era of industrial revolution 4.0 was so rapid. However, there are many negative findings from the use of social media, such as hoaxes, utterances of hatred, slander, etc. This requires a more contextual study of Islamic law (fiqh) and is able to answer what is the demand of the times, especially the phenomenon of social media. In carrying out the formulation of Islamic law, there are two methods of reasoning used, namely normative-deductive and empirical-inductive, so that the resulting laws can be in accordance with the demands of the community. Therefore, the idea of social media fiqh is to make an effort to find the maqāṣid al-syarī’ah (legal purpose) in the use of social media. By using the theory of sadd al-żarī’ah analysis, this study sought formulation of Islamic law in order to be a solution in the times. This theory is used to explore various problems that have occurred in the development of communication on social media. In addition, this study attempts to trace the exclusion (istinbāṭ) of the law in formulating the fiqh of social media with the Uṣūl al-Fiqh approach and the social history of Islamic law. The work of this research is inseparable from the two legal provisions that have been formulated before, namely the MUI fatwa on Social Media and the Law of Information and Electronic Transaction.

scholarly journals USHUL FIQH SEBAGAI KERANGKA BERPIKIR DALAM ISTINBATH HUKUM EKONOMI ISLAM

2019 ◽  
Vol 1 (2) ◽  
pp. 158-164
Author(s):  
Moh. Romli
Keyword(s):  
Islamic Law ◽  
Research Approach ◽  
Dynamics Model ◽  
Work Patterns ◽  
Religious Texts ◽  
Economic Problems ◽  
Economic Law ◽  
Deductive Method ◽  
Islamic Economic ◽  
Compulsory Subject

Abstract Studying the science of ushul fiqh in the traditions of Islamic campuses and pesantren is significant for the discovery and formation of Islamic economic law. Even ushul fiqh was made a compulsory subject that must be mastered by Islamic economic law experts today. However, studying ushul fiqh on campus and Islamic boarding schools is trapped in a conservative paradigm, where studying ushul fiqh is limited to something that is consumptive, read and memorized, without contextualization and application. In fact, ushul fiqh must be presented in the midst of Islamic economic in a logical and realistic way, even ushul fiqh as the primary commodity of Muslim economic law experts in the methodology of istinbat al-hukm must touch the economic problems faced by contemporary society. That is the challenge of Islamic economics law experts in studying ushul fiqh today. This paper, how to explain the activities of Muslim economic law experts in studying and understanding ushul fiqh with a descriptive-qualitative research approach model. So what is studied in this paper is the paradigm of thinking in a community of Muslim economists in studying and developing ushul fiqh, when faced with socio-economic problems that require the juridists of Islamic law in the frame of religious texts. From the results of this discussion it can be seen that the ushul fiqh for Islamic economic jurists in the development and dynamics model of ushul fiqh is centered on; revitalization of ushul fiqh, text diversification (fahm nushus asy-shari'ah) and extensification of maqashid as-shari'ah, namely expansion in understanding the purpose of sharia (fahm maqashid as-shari'ah). Besides that, Islamic economic law experts can use the method of ushul fiqh as tariqatu al a'mal, (work patterns), first, making maslahah as a tool in establishing Islamic economic law. Second, it is like matching the fatwa of ulama's law, with the current situation and condition. Third, carry out the operation of Usul Fikih in the formation Islamic economic law as a deductive method. And fourth, complete with Qawaid al-Fiqhiyyah.  

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 THE LAW OF ONLINE ZAKAT BASED ON THE APPLICATION PROVIDING EASINESS IN TRANSACTION OF ZAKAT PAYMENT

Al-Bayyinah ◽  
2020 ◽  
Vol 4 (2) ◽  
pp. 164-178
Author(s):  
Sari Utami
Keyword(s):  
Qualitative Research ◽  
Islamic Law ◽  
Descriptive Analysis ◽  
Digital Age ◽  
Economic Welfare ◽  
Analysis Technique ◽  
The Law ◽  
The Rich ◽  
To Receive ◽  
Islamic View

The importance of zakat distribution in the digital age increasingly shows the existence and urgency of digitalization in all aspects. The purpose of zakat distribution online will facilitate muzakki effectively and efficiently in terms of activities and time in distributing zakat evenly and thoroughly to break the poverty chain, and improve social and economic welfare of the community without having to distinguish between the rich and poor, because behind the distribution of zakat funds is the rights of those who are entitled to receive it (mustahik). This research focused on qualitative research using a descriptive analysis technique which is to conduct an analysis by describing, describing, explaining about paying zakat online in Islamic law. In Islamic view, zakat which is done online is permissible because one of the reasons is that it is only different in form of distribution, namely the transition from manual to automatic. From those who usually come to the institution to pay directly but this time only by accessing and transferring. However, it still does not abandon the terms or conditions in issuing or distributing zakat. Distribution of zakat online is not a problem in terms of Islamic law, because its distribution will facilitate muzakki or Muslims who have an obligation to pay zakat. A muzakki can distribute his zakat online is legal and not a problem legally. Special institutions that are given the mandate in the distribution of zakat will be managed because it is deposited from muzakki which is distributed online and must be in accordance with the principles in sharia provisions. So that the obligation to fulfill or pay zakat continues to be carried out in order to share with others who are entitled to need throughout Indonesia.Keywords: Easiness; Islamic Law; Online; Zakat.

scholarly journals The Use Of Conventional Banks By Sharia Economic Law Students: Practice, Factors, And Laws

2021 ◽  
Vol 7 (2) ◽  
pp. 36-44
Author(s):  
Dzaky Adam Thamrin ◽  
Fauzul Hanif Noor Athief
Keyword(s):  
Data Analysis ◽  
Data Collection ◽  
Qualitative Study ◽  
Islamic Law ◽  
Study Data ◽  
Law Students ◽  
Economic Law ◽  
Interview Methods ◽  
Conventional Banks ◽  
Islamic Economic

This study aims to reveal the factors and reasons behind the large number of Islamic Economic Law students using conventional banks which are then analysed with an Islamic law approach.The method used in this study is descriptive quantitative and qualitative study. Data collection by survey and interview methods. The data analysis used descriptive and deductive analysis approach.The results of this study found that most students use conventional banks, although half of them are aware of the concern of usury on interest. Nevertheless, in practice, only a small percentage of them separate bank interest from their savings. The majority of the reasons they use conventional banks are based on facilities, family and work. Under Islamic law, the use of conventional banks is haram, although there are cases where it is permissible under Islamic law.

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