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

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.

2018 ◽  
Vol 16 (2) ◽  
pp. 284-306
Author(s):  
Syahriyah Semaun ◽  
Juneda Juneda

: Law Number 40 of 2004 concerning the National Social Security System (SJSN) mandates that social security is mandatory for all residents including the National Health Insurance (JKN) through a Health Social Security Administering Agency (BPJS). This study discusses how the contract system in the Mandiri Health BPJS, how the mechanism for collecting contributions to the Mandiri Health BPJS, and how the quality of BPJS Health guarantees in Parepare City for health services for Mandiri Health BPJS participants. This study included a qualitative descriptive study with an analysis of Islamic economic law in the Office of BPJS Health in the City of Parepare. The results of the study indicate that the contract system in the Independent Health BPJS in the City of Parepare is in accordance with Islamic economic law and the mechanism for collecting contributions from Mandiri Health BPJS participants is not in accordance with Islamic economic principles. Quality assurance of BPJS Kesehatan in the City of Parepare for health services for participants of the Independent Health BPJS in accordance with Islamic economic law.


2021 ◽  
Vol 4 (1) ◽  
Author(s):  
Muhammad Ikhsan ◽  
Azwar Iskandar

This study aims to analyze: imam Mālik's position in the Islamic jurisprudence map; the concept of maslahat in the perspective of Imam Mālik; and the influence of Imam Mālik's maslahat view in the Islamic world. This research is qualitative descriptive research, using library research and analyzed with historical and sociological approaches. The results of the study found that: first, Imam Mālik bin Anas was one of the imams of the four sects (mazhab) who exerted great influence in Muslims with his ability as a mujtahid and had an independent methodology in conducting the ijtihad; second, one of the most important foundations of Imam Mālik's ijtihad is maslahat. In this case, he actually had similarities with the other ultimate scholars of the four sects. Māliki sect, namely that maslahat -especially maslahat mursalah- is a stand-alone proposition; third, Imam Mālik's assertiveness in positioning maslahat as one of the independent evidences in his ijtihad methodology has stimulated the fiqh researchers to study further explore this so that imam Mālik's fiqh sect can survive to this day and successfully produce phenomenal scientific works that affirm the existence of maslahat as one of the footholds of Islamic law.


Author(s):  
Abd. Hadi

Until now there are many fatwas circulating among Islamic scholars of diverse Islamic law and seem to contradict, especially when comparing between Indonesia, Malaysia and the Middle East. The methodology used in this research is phenomenology that is used to explain the phenomenon that occurs related to the difference of Islamic economic law determination. Then using content analysis to parse and synthesize as well as provide criticism over the various phenomena of various models of determining the fatwa of Islamic economic law. The results of this study, in the context of Islamic economic development, until now there are at least three models of fatwa determination of sharia economic law that has been developed by Islamic economists: (1) Ushl Fiqh Approach (Ushul al-Fiqh as the Basic Determination of Sharia Economic Law) ) Pluralism (Acceptance of the Truth of the West and Islam as the Basis for the Establishment of Sharia Economic Law), (3) Islamization of Conventional Economies (Reducing Non-Syar'i Factors of Conventional Economy as the Basis for the Establishment of Sharia Economic Law). This research will enrich the treasury of Islamic Economics knowledge that is particularly useful for the study of Islamic economic law.


2021 ◽  
Vol 20 (1) ◽  
pp. 63
Author(s):  
Mahlil Bunaiya ◽  
Delvy Hamzah ◽  
Mawaddatul Ulfa

One of the efforts to meet the needs of the Minangkabau people that they achieve is through migration, as in the economic culture of Minangkabau immigrants from Nagari Atar Batusangkar, Padang Gantiang District, Tanah Datar Regency. About 99% of the imigrants were found in the field involved in Photo Copying businesses scattered in the city of Yogyakarta. The hope is that people's behavior in fulfilling the economy can continue to run well and in accordance with Islamic law. This study aims to explain how Urf's review of the economic culture of Minangkabau migrants in Yogyakarta using a qualitative descriptive research methodology. The results of the study conclude several things, among others: First, according to records in 2015 the number of Minangkabau residents in Yogyakarta reached 10,000 people or around 350 families, and those who run photocopy businesses are 80 families or 155 tablets. Second, the Economic Culture in the photocopy of the Minangkabu Community in Yogyakarta is referred to as 'Urf in Islamic law, because it fulfills several conditions' Urf and the law is mubah. Third, related to economic culture can furthermore be one of the studies that offers siding to the local community's economy which has basically been an economic support since the past in an effort to promote life, as well as' Urf which can then be used as a method and source of Islamic law in its development. economy because it conforms to Islamic principles.


2019 ◽  
Vol 6 (2) ◽  
Author(s):  
Siti Zulaikha

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.


2017 ◽  
Vol 2 (1) ◽  
pp. 51-69
Author(s):  
Hamzah Kamma ◽  
Fasiha Fasiha ◽  
Sarwia Sarwia

The purpose of this study was to determine the application of Islamic economic values in the Belawa Market, Malangke sub-district, North Luwu Regency. In this study the authors used a type of qualitative descriptive research. Data sources used are primary data sources and secondary data. Primary data obtained from interviews with traders in the Belawa Market, while secondary data sources were obtained from library studies and documents. There are also data collection techniques used through observation, interviews, and documentation. The results of the study show that sharia economic forms in the Belawa Market are those which traders are not responsible for their merchandise and do not apply fairly to their consumers so that consumers feel disadvantaged and wronged by the treatment of traders and consumers who are not comfortable in conducting transactions conducted by traders irresponsible and unfair traders. The application of Islamic economic values in the Belawa Market is not well organized due to a lack of traders' knowledge of Islamic economic values and there are still some traders who cheat in conducting transaction activities and do not pay attention to ethics in trading in accordance with Islamic law.


2021 ◽  
Vol 4 (2) ◽  
pp. 260-279
Author(s):  
Kuryani Saputra ◽  
A. Kumedi Jafar ◽  
Muhammad Iqbal   Fasa

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


2020 ◽  
Vol 5 (2) ◽  
pp. 72-86
Author(s):  
Arif Muchyidin ◽  
Lefi Nurlatif ◽  
Indah Nursuprianah

The purpose of this study is to describe 8th-grade students’ misconceptions in solving surface area and volume of beam and cube problems and their causal factors. This is qualitative descriptive research. Based on the research, students’ misconceptions in solving surface area and volume of beam and cube problems are misconceptions on the concept of a beam, misconceptions on the concept of the cube, misconceptions on the concept of prerequisite material, misconceptions on unit comprehension, misconceptions on the understanding of meaning, and misconceptions on sign and number operations. While the causal factors of misconception are students’ assumptions about the lack of importance of concepts so students only memorize formulas, students are not able to associate one concept with other concepts, lack of understanding concepts in prerequisite material, misunderstanding the meaning of words in a problem, students have difficulty understanding pictures., misunderstanding the difference in the size of area and length.


2018 ◽  
Vol 1 (2) ◽  
pp. 161
Author(s):  
Murtadho Ridwan

<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>


2021 ◽  
Vol 2 (3) ◽  
pp. 413-431
Author(s):  
Kasman Bakry ◽  
Zulfiah Sam ◽  
Jihan Vivianti Usman

This research aims to find out and understand Fikih Munakahat and the analysis of Law No. 1 of 1974 article 38-41 which discusses the breakup of marriage. This research uses a type of qualitative descriptive research, which focuses on the study of manuscripts and texts with a theological-normative approach and a juridical approach. The results showed that: First, the urgency of marriage in Islam that lasted until now is the marriage of al-Wiladah, i.e. a man came to the girl's parents to propose to her. Then he married her with his dowry; Second, the basis of marriage law in Indonesia at the level of application is contained in Law No. 1 of 1974 on Marriage and Presidential Instruction No. 1 of 1991 on compilation of Islamic law (KHI) applied in almost all marital problems, and the law is always used as the basis and back of every judge in providing legal interpretations and solutions to various problems of marriage law today; Third, the legal consequences due to the termination of marriage both in the perspective of Law No. 1 of 1974 in articles 38-41 and in the perspective of Fikih Munakahat will have an impact on; 1) children; 2) innate property; and 3) a living.


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