scholarly journals Menakar Transaksi Leasing dalam Tinjauan Hukum Ekonomi Syariah

2018 ◽  
Vol 4 (02) ◽  
pp. 126
Author(s):  
Sumadi Sumadi
Keyword(s):  
Qualitative Research ◽  
Daily Life ◽  
Point Of View ◽  
Western World ◽  
Economic Activities ◽  
Literature Study ◽  
Capital Goods ◽  
Economic Law ◽  
Islamic Economic ◽  
Number Of Parties

This study aims to measure the lease transaction in the review of sharia economic law. The phenomenon of the practice of leasing transactions in economic activities that develop today is a complicated and complicated issue. Because of its emergence as one of muamalah practices involving a number of parties initially known in advance by the Western world and not found the discussion specifically in the classic books and fatwa ulama. This type of research is a qualitative research using literature study method as the methodology of completion. With the object of research Leasing case seen from the point of view of Islamic economic law, and how the Islamic economy to answer the problem. Leasing Transactions are financing activities in the form of provision of capital goods (eg cars or factory machinery) paid for a certain period of time on a regular basis. From result of research obtained result that related with lease transaction. The form of leasing activity is divided into two, namely the operating lease (ie, lease without option) and financial lease (lease with option rights) Operating lease in fiqih terms equals ijara, while the financial lease practice which has been adjusted to syara criteria 'is called al -The Objective of Muntahia bit Tamlik (IMBT) and the law is halal, while based on the practice and reality in daily life, financial lease shows transaction prohibition, and scholars agree that there is in practice financial lease (conventional leasing)

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 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 Acceleration of Mega Merger of SOE Sharia Banks in Indonesia through Revitalization of Sharia Economic Law in Islamic Boarding Schools

2020 ◽  
Vol 5 (2) ◽  
pp. 38
Author(s):  
Ferry Jie ◽  
Harisah Harisah ◽  
Zubaidi Sulaiman
Keyword(s):  
Science Curriculum ◽  
Boarding Schools ◽  
Microfinance Institutions ◽  
Economic Activities ◽  
Economic Law ◽  
Direct Observations ◽  
Economic Practices ◽  
Employment Programs ◽  
Islamic Economic ◽  
And Training

Generally, we can see that law is all rules of behavior in norms regulating orders among societies. Likewise, sharia economic law regulates policies of the community in economic activities, and the application of this rule in Indonesia can be studied through Islamic boarding schools as a place for Islamic scientific education. The condition of this Indonesian pesantren is no longer only studying classical sciences. Still, also it has developed by studying modern sciences such as studies in several Indonesian pesantren which have revitalized sharia economic law as a study, which is included in the science curriculum and equipped with institutional facilities to support learning in providing an overview of sharia economic practices. Accordingly, the program has become one of the instruments for accelerating the mega-merger of Islamic banks. This research used qualitative methods with data collection through interviews and direct observations in the field. This study found that Islamic boarding schools in Indonesia have provided Islamic economic, scientific facilities, and Islamic microfinance institutions to support learning Islamic economic law to introduce knowledge and provision of Islamic economic practices so that students could apply Islamic economic values. Meanwhile, the existing programs in Indonesian Islamic boarding schools produced reliable students in the sharia economy to support the acceleration of the Islamic Bank's mega-merger through several programs such as the study of muamalah fiqh books, in collaboration with education and training held by financial institutions owned by Islamic boarding schools as well as employment programs for alumni of pesantren and guiding Islamic banking.

Transforming Hate into Compassion as an Islamic Nonviolent Thought of Bediüzzaman Said Nursi

2021 ◽  
Vol 6 (1) ◽  
pp. 13-30
Author(s):  
Mochamad Ziaulhaq ◽  
Hasbi Sen
Keyword(s):  
Qualitative Research ◽  
Human Nature ◽  
Moral Philosophy ◽  
Traumatic Experience ◽  
Western World ◽  
Literature Study ◽  
Philosophical Approach ◽  
Peace And Conflict ◽  
Training Modules ◽  
Said Nursi

The study of hatred that emerges as human nature can provide an analytical picture of how hatred arises, develops, and turns into humanitarian incidents. With an in-depth, systematic, and genealogical study, it can come up with a panacea for this hatred. The elixir can turn hatred into compassion, violence into nonviolence, and find creative ways to turn conflict into peace; thus, creating a new, better reality. This qualitative research uses a literature study from Risale-i Nur by Bediüzzaman Said Nursi (1877-1960). In this study, Nursi's religious and psychological explanations are compared with religious theories and studies of peace and conflict that are already popular in the Western world. The data in Risale-i Nur were analysed using the Mimesis theoretical framework of the philosophical approach. With this analysis there is the prefiguration stage (Mimesis I) about the background of Said Nursi's life, the configuration stage (Mimesis II) about the story of Said Nursi's traumatic experience, and the transfiguration stage about the emergence of the capacity to handle conflict independently with others using nonviolent ideas creatively, thus creating a new reality (Mimesis III). This new reality is "nonviolent Islam," which transforms conflict nonviolently, overcoming hatred with compassion and forgiveness. This statement is based on the argument that hatred is the root of violence, and Said Nursi can escape the trap of hatred through compassion and forgiveness. This study can contribute ideas to the study of moral philosophy and can also be used as a reference for training modules and sharing experiences to reduce conflict in society or between communities.

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 Tinjauan Hukum Ekonomi Syar’ah: Take Over Pembiayaan Mikro Bank Syari’ah

2021 ◽  
Vol 8 (2) ◽  
pp. 187
Author(s):  
Akhmad Nurasikin
Keyword(s):  
Data Collection ◽  
Research Method ◽  
Islamic Banks ◽  
Literature Study ◽  
Economic Law ◽  
Positive Law ◽  
Legal Consequence ◽  
Conducting Research ◽  
Islamic Economic ◽  
The Right

Although Indonesia is still facing formidable challenges due to the Covid-19 pandemic, the distribution of financing in the MSME sector and the micro segment continues to increase. "This shows that BSI continues to support the growth of MSMEs in the midst of the pandemic storm. Until June 2021, MSME financing at BSI was recorded at 36.82 trillion rupiah. Therefore, the authors are interested in conducting research with the title "Review of Islamic Economic Law Take Over Sharia Bank Microfinance". The purpose of this study is to analyze the TO process of microfinance in Islamic banks and its legal review. The research method used is descriptive analytical while the approach uses empirical juridical and data collection by literature study, interviews and observations. The results of the study stated the views of several scholars and sharia economists regarding the Qardh wal Murabahah contract used as a permissible contract, but in practice it must be subject to strict supervision. The Micro Financing Take Over process is guided by the DSN-MUI Fatwa Number: 31/DSN-MUI/VI/2002 concerning Debt Transfer (Alternative 1) and has become a positive law through Bank Indonesia Regulations (PBI). The legal consequence of this Qardh wal Murabahah contract is that the right of the first customer as a guarantee right holder is legally transferred to the new customer as stated in the Mortgage Certificate (SHT) and Fiduciary Guarantee Certificate.

scholarly journals TALAQQI RUKBAN AND IHTIKAR IN THE TRADITIONAL MARKET AT MAKASSAR IN PERSPECTIVE OF ISLAMIC ECONOMIC LAWS

2020 ◽  
Vol 18 (1) ◽  
pp. 50
Author(s):  
Nurnaningsih Nawawi
Keyword(s):  
Qualitative Research ◽  
Research Methods ◽  
Market Price ◽  
Agricultural Products ◽  
Trading System ◽  
Economic Law ◽  
The People ◽  
Traditional Market ◽  
Islamic Economic ◽  
Actual Price

This article discusses talaqqi rukban, a buying and selling tactic that seen as violating Islamic Economic Law. Where this practice is detrimental to sellers who sell their agricultural products because they are hindered by unscrupulous buyers who offer the prices of such farm products at prices far below the actual market price. This trading system, of course, is a fraud because the seller of agricultural products does not know the actual price and suffers from it. There are also sellers in the market monopolize certain goods in the market so that the costs of these goods rise dramatically. Sellers who carry out the monopoly get big profits while the people who become consumers are disadvantaged. This practice in Islam is called Ihtikar. This research uses descriptive qualitative research methods with a normative sociologies approach. In Islamic Economic Law, this practice strictly prohibited. It is a prohibited sale and purchase, but in Makassar, the practice of Talaqqi Rukban and Ihtikar still often occurs, whereas when viewed from the background of the Talaqqi Rukban and Ihtikar perpetrators are religious people. Of course, the practice is following Islamic Economic Law based on the Qur'an and Hadith. This research will propose a system, form, and analysis of some views of Jumhur scholars about the law, the terms of sale and purchase, which are: forbidden, obligatory, Sunnah, and makruh following Islamic economic law.

scholarly journals REKONSTRUKSI DUAL BANKING SYSTEM: KEBERADAAN PRINSIP-PRINSIP SYARIAH PERBANKAN DALAM SISTEM HUKUM PERBANKAN NASIONAL

2015 ◽  
Vol 1 (2) ◽  
Author(s):  
Dewi Sukma Kristianti
Keyword(s):  
Positive Impact ◽  
Banking System ◽  
Economic Activities ◽  
Legal Concept ◽  
Economic Law ◽  
Actual Reality ◽  
Economic Practices ◽  
National Economic ◽  
The Government ◽  
Islamic Economic

The legal practice of Islamic (Sharia) economics in the real sector of Indonesia’s national economic development by way of various institutions or Islamic (sharia-based) economic centers has had a positive impact on the growth and development of the national economy. The practice is based on Islamic principles, which have been shaped into a wide variety of regulations or legislation in effect. In the legal concept of Sharia economics, the state as represented by the government that implements Sharia-based economic practices must apply the principles of Islamic economics to achieve the goal of Islamic economic law. The purpose of this Sharia economic law emphasizes the benefits for society based on the balance and fairness thus attained to present a showcase of the politics involved in Islamic economic law. The actual reality of legislation in Sharia-based economic activities issued by the government still falls decidedly short of expectations when compared to conventional economic activities and legal certainty in other countries, due to the role that Islamic economic law plays in determining the government’s political direction and ways of formalizing Islamic economic law in Indonesia.

Tinjauan Alkitabiah Pemuridan Kontekstual Paulus Kepada Jemaat Korintus dan Relevansinya bagi Pemuridan Di Era Postmodern

2020 ◽  
Author(s):  
Daniel Fajar Panuntun
Keyword(s):  
Qualitative Research ◽  
Life Style ◽  
Daily Life ◽  
Research Result ◽  
Point Of View ◽  
The Bible

Postmodern era is an era that rapildly develov in the society now a days. This era is marked by truths that happen inside the society. Christian Truth is become one of truths that happen in this era. The ironic is the life style of postmodern era affect the life style of the believers that consider the truth of Christian become just a regular truth. The solution of this problem is a community of contextual Bible Group who continue to keep the chrisitian truth in daily life. The problem of this research is how the bible point of view of Contextual Descipleship of Paulus to the Chorintians congregation dan it relevance to the Descipleship in the postmodern era. This research result are the contextual discipleship must always keep the Bible truth and give the reference of behavior in this era. This research using qualitative research, with a fenomenolgy study. The contextual discipleship be an answer with a consistency and become a pattern of truth in the middle postmodern era.Key Words: Deschiplesip, Contextual, Posmodern, Community

scholarly journals Analisa Penerapan Prinsip Syariah dalam Asuransi

2018 ◽  
Vol 7 (2) ◽  
pp. 128
Author(s):  
Teguh Suripto ◽  
Abdullah Salam
Keyword(s):  
Islamic Law ◽  
Service Industry ◽  
Human Life ◽  
Economic Life ◽  
Economic Activities ◽  
Literature Study ◽  
Grass Root ◽  
Qualitative Descriptive ◽  
Islamic Economic ◽  
Takaful Insurance

<p>In recent years, we have heard and seen many economic activities based on Islamic law or Sharia law. These activities are related to the production process in the service industry. So it appears Sharia Business Unit (UUS), such as Islamic Banking, Sharia Insurance, Sharia Pawnshops, Sharia Leasing, even up to syariah tourism. This is certainly very reasonable, because the rationality and social level of human life undergo many changes, from the level of social and economic life that has freedom, to a new economic level that requires religious values. The Islamic economic system has different characteristics from conventional economics. Islamic economics is a fair and thorough system and seeks to ensure that wealth is not collected only to one group, but spread throughout society. (Afzalur Rahman, 1996: 11). One of Sharia financial institutions that can apply the sharia principles is Sharia Insurance. This research will try to analyze the principles of sharia in insurance, using qualitative descriptive method that is describing the object of research by using literature study that comes from the relevant book or journal. The result of the research shows that there are 8 principles in Takaful Insurance which become the guideline of implementation, that is Tawheed (Ketaqwaan), Justice, Not Dzalim, At Tawaun (please help), Amanah, Ridha, Khitmah (good service), and free from gharar element, maisir, and usury. In practice many sharia entities have been implementing sharia principles well although there are still some shortcomings in Takaful insurance, for example in research that has been done by Erza Armas hardi, 2015 obtained the result that Takaful insurance has not touched the bottom of society group (grass root).</p><p>Keywords :  Sharia Insurance, Sharia Principles, Sharia Entity, Tabarru</p>

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