scholarly journals The Codification of Syar'i Norms in The Compilation of Sharia Economic Law

Rechtsidee ◽  
2017 ◽  
Vol 4 (1) ◽  
Author(s):  
Burhanuddin Susamto ◽  
Thohir Luth ◽  
Masruchin Rubai ◽  
Jazim Hamidi
Keyword(s):  
Fundamental Principle ◽  
Legal Research ◽  
Economic Law ◽  
Intended Purpose ◽  
Islamic Economic

It is a fact that  The Compilation of  Sharia Economic Law (CSEL) was arrangedfor a guiding of sharia principle in the settlement of Islamic economic disputes. As a guiding of sharia principle, ideally CSEL norms should contain the values of sharia as desired by God.The purpose of this article is to ascertain the level validity of CSEL norms when viewed from a sharia perspective. To achieve the intended purpose, the author used normative legal research  and  use the approach of theory fiqhmu’âmalâh iqtishâdiyah and fatwâ of DSN-MUI. From the analysis we know that CSEL norms has not  legitimized  the Islamic sharia as a fundamental principle formally, so consequently the existence of the norm seems to replace God's verses. Of the total norms in CSEL, there are  98.48% norms which has contained the shar'î values, while approximately 1.52% is still found problematic normsso they needs to be revised.

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 The Profit-Sharing System Between Landowners and Cultivators of Tobacco : Islamic Economic Law Perspective

2021 ◽  
Vol 43 (2) ◽  
pp. 110
Author(s):  
Dyah Ochtorina Susanti
Keyword(s):  
Profit Sharing ◽  
Final Part ◽  
Legal Research ◽  
Cooperation Agreement ◽  
Conceptual Approach ◽  
Economic Law ◽  
Production Sharing ◽  
Written Form ◽  
The Government ◽  
Islamic Economic

This research aims to find profit-sharing system between landowners and cultivators of tobacco based on Islamic Economic Law, so that it can be used by landowners and cultivators to cooperate in cultivating  tobacco fields. The method in this research using the normative legal research with the statute approach, and conceptual approach. The  results of the study in the form of 3 (three) forms of profit-sharing systems between landowners and tobacco cultivators according to Islamic economic law, which can be used, namely muzara'ah, mukhabarah, and musaqah. In the final part of this research, the researcher also provides advice to landowners and cultivators to put the cooperation agreement into written form, to prevent conflicts and disputes in the future. Further suggestions are addressed to the Government. The government needs to socialize the production sharing system in agriculture according to Islamic economic law.

Execution of Security Rights in Islamic Banking at The Religious Court of Purbalingga

2016 ◽  
Vol 1 ◽  
pp. 287-297
Author(s):  
Nita Triana
Keyword(s):  
Field Research ◽  
Economic Security ◽  
Islamic Banking ◽  
Actual Situation ◽  
Legal Research ◽  
Security Interest ◽  
Final Verdict ◽  
Islamic Economic ◽  
Religious Courts

This article examines the execution of a security interest in Islamic banking in the Islamic economic disputes in  the  Purbalingga  Religious  Court. The case of non-performing loans in the world of Islamic banking is often the case, this was due to the debtor defaults. Mortgages used as collateral can be executed based on the decision of the Religious Court. The method used in this research is a kind of field research with the approach of Socio Legal Research, including in the realm of non-doctrinal study. The results show the execution of a security interest in dispute sharia economy in Purbalingga Religious Court has been run in accordance with the mandate of the Act: On the substance of the Implementation of the decision of execution is the end of a case that is the result of what is required by the plaintiff are determined in a court of Religion with using the guidelines do not separate from the disciplinary proceedings contained in HIR or Rbg. On the  Structure  of  Purbalingga Religious Court  carry out executions by institutions that are available from the start to the filing of the petition to the Chairman of the Religious Courts, judges who will examine the final verdict, Executor who will call and will execute and when the auction Clerk role of the mentor  State Property Office and Auction (KPKNL). Culturally law. Purbalingga Religious Court  carry out the execution-based approaches to religion and culture. This approach proved to facilitate execution. Obstacles that faced in general, form, creditors often receive a guaranteed land and buildings where the land certificate is no longer appropriate to the actual situation, the Debtor is not willing to leave the place right dependents, barriers to the sale of objects auction execution which does not go unsold objects auction / auction. Constraints that normally occurs in the execution of this economic security rights dispute, can be resolved by various reinforcement structures / institutions and culture through the law chosen by the Purbalingga Religious Courts.

Dari Idealisme ke Pragmatisme: Pergeseran Paradigma dalam Pengembangan Hukum Ekonomi Syariah di Indonesia

2020 ◽  
Vol 14 (2) ◽  
pp. 191-210
Author(s):  
Addiarrahman Addiarrahman ◽  
Illy Yanti
Keyword(s):  
Focus Group ◽  
Focus Group Discussions ◽  
Group Discussions ◽  
Business World ◽  
Key Informants ◽  
The Public ◽  
Financial Products ◽  
Legal Consideration ◽  
Economic Law ◽  
Islamic Economic

This study seeks to understand the pragmatism of the development of sharia economic law, and its implications for Islamic financial products in Indonesia. The data comes from the results of interviews and focus group discussions with key informants from academics, practitioners, authorities, and the public. This research finds that pragmatism in the development of Islamic economic law is an approach that still dominates the DSN-MUI fatwas. The pragmatism style used is complex-eclectic pragmatism which is represented through makhārij al-fiqhiyyah, which is to choose a mild opinion by sticking to the strongest method or also called "taysīr al-manhajī". The use of this method is intended to ensure that the fatwa is truly able to answer the needs of the business world, as well as being in line with sharia principles. DSN-MUI also does not use maslahah as a legal consideration in a free or liberal way. Rather, it returns maslahah in consideration of the method, so that it is permissible to use the bay’ al-'inān contract only in a forced state (ḍarurah).

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 The Principles of Law of Negligence as Causes of Compensation in the Sharia Economic Law in Indonesia

Al-Ulum ◽  
2019 ◽  
Vol 19 (1) ◽  
pp. 53-78
Author(s):  
Asyari Hasan ◽  
Alimin Alimin ◽  
Rizal Fahlefi ◽  
Desmadi Saharuddin
Keyword(s):  
Financial Institutions ◽  
Careful Consideration ◽  
Legal Principles ◽  
Economic Law ◽  
Positive Law ◽  
Islamic Financial Institutions ◽  
Islamic Economic

This study discusses what are the concepts of legal principles of negligence as a cause of compensation contained in the positive Indonesian Islamic economic law concerning the implementation of contracts for Islamic financial institutions that are studied in a qualitative-normative exploratory manner. This study indicates that there are six legal principles of negligence as a cause of compensation in the positive law of Indonesian sharia economy, namely: 1) carried out with careful consideration, 2) carried out appropriately, 3) carried out carefully, 4) business activities may not exceed permitted limits, 5) business activities must be in line with the provisions stipulated in the contract (not violating the agreement), and 6) negligence classified as intentional negligence and accidental negligence. While the legal principles of negligence contained in conventional law are currently more complete (11 principles of negligence) than those contained in the positive law of sharia economy (only 6 principles)

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 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>

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