scholarly journals Islamic Law Overview on Implementation of Murabahah Bil Wakalah on Multi-Purpose Financing Products

2021 ◽  
Vol 1 (2) ◽  
pp. 193-204
Author(s):  
Mualim ◽  
Hendra Karunia Agustine ◽  
Annisa Hariyani

This study aims to examine the implementation of Murabahah bil Wakalah on multipurpose financing products in a review of Islamic Law. The research method used in this research is field research (field research). The types and sources of data in this study used primary and secondary data. Data collection techniques through interviews, observation, and documentation. The data obtained in this study are conclusions from various processes in qualitative research. Starting from data collection, selecting appropriate data, presenting data and then concluding.The results of this study are murabahah bil wakalah contracts in multipurpose financing at BPRS HIK Parahyangan, murabahah contracts are carried out simultaneously with wakalah contracts. Where the murabahah contract is carried out at the beginning to determine the selling price, the agreed profit, and the installment period.

2019 ◽  
Vol 11 (1) ◽  
pp. 139-150
Author(s):  
Moh. Mukhsinin Syu'aibi ◽  
Ifdlolul Maghfur

Buying and selling istishna', namely buying and selling by order, in fiqh is often referred to as buying and selling goods whose goods do not yet exist or are still in process. Buying and selling clothes at the Duta Collection’s Foundation, Darut Taqwa Sengonagung Foundation is done by order (istishna’). Buying and selling transactions certainly involve two or more people to carry out the transaction, it is possible that one of the parties has committed a violation or not. The problem in this research is how to resolve it when there is a mismatch of goods that have become ready in the practice of istishna contract 'at the Ambassador Collection of Darut Taqwa Sengonagung Foundation. This type of research method used is qualitative research field (field research) that is descriptive analytic. Data collection techniques were carried out with documentation and interviews with several people, resource persons, 4 speakers from the makers or employees of convection and 2 speakers from the customer. The results in this study indicate that: First, the practice of buying and selling clothing at Duta Collection's already has ways to resolve when material errors occur the convection lowers the selling price to the customer. Secondly, in the analysis of Islamic law, Duta Collection's convection is in accordance with sharia law meaning that when there is an error from the convection party and the consumer feels that it is not according to the order it has been agreed that there is a price reduction or the goods will be replaced with the order.


2021 ◽  
Vol 2 (1) ◽  
pp. 148-159
Author(s):  
Ronny Mahmuddin ◽  
Saifullah bin Anshor ◽  
Hamdan Ngaja

This study aims to determine the prohibition of inter-caste marriage in Ngafan Village, Southeast Maluku, and Islamic legal views on caste marriage in the customs of the Kei tribe, especially in Ngafan Village, Southeast Maluku Regency. This research is descriptive qualitative research with the type of field research (Field Research). The data collection techniques used were in-depth interviews and documentation. The results showed that: 1) The prohibition of inter-caste marriage (not equal) carried out by some people in Ngafan Village is the prohibition of marriage between women from the Mel-Mel caste (highest caste) and men from Riy-Riy (lowest caste). If there is a marriage between these castes, it depends on their family, if they agree then the marriage is still safe, but if they refuse the marriage can be canceled. 2) In Islamic law the scholars differ on the issue of caste (equality) in marriage. Jumhur ulama said that the caste referred to in marriage is religion, independence, social strata and, descent. Imam Malik said that the caste in question was the religion and was free from diseases that were deemed incurable. Meanwhile, the al-Ẓahiriyyah mazhab said that only Muslims were the conditions for marriage. The scholars do not require that caste be part of the legal requirements of marriage, but caste is included in the category of luzu> m requirements, a condition that allows a female guardian to request an annulment of marriage if the male partner is not in the same caste. So the prohibition of marriage is not equal in Ngafan Village can be justified based on the opinion of some scholars. The implementation of this research is expected to contribute theoretically and practically to religious leaders, parties with special interests, and society in general.


2017 ◽  
Vol 2 (2) ◽  
pp. 327
Author(s):  
Andri Septilinda Susiyani

This research aims to know the implementation of the management of boarding school in "Modern MBS Yogyakarta and relevance to the goals of Islamic education. The research method used is the research field (field research) with the kind of qualitative research. The technique of data collection by observation, interview and documentation in-depth while testing the validity of data using triangular engineering resources. The results of this study indicate that by looking at the concept of management of Islamic education, boarding school management in MBS Yogyakarta has significant relevance to the purposes of Islamic education conceptually as well as Islamic education values on the fulfillment aspects of competence of learners from the national education goals. Keywords: Management Of Islamic Education, Boarding School, The Goals Of Islamic Education Abstrak Penelitian ini bertujuan untuk mengetahui implementasi manajemen boarding school di Ponpes Modern MBS Yogyakarta dan relevansinya dengan tujuan pendidikan Islam. Metode penelitian yang dipergunakan ialah penelitian lapangan (field research) dengan jenis penelitian kualitatif. Teknik pengumpulan data dengan observasi, dokumentasi dan wawancara mendalam sedangkan pengujian keabsahan data menggunakan teknik trianggulasi sumber. Hasil penelitian ini menunjukkan bahwa dengan melihat konsep manajemen pendidikan Islam, manajemen boarding school di MBS Yogyakarta memiliki relevansi yang signifikan dengan tujuan pendidikan Islam secara konseptual maupun nilai-nilai pendidikan Islam pada pemenuhan aspek kompetensi peserta didik yang dikembangkan dari tujuan pendidikan Nasional. Kata Kunci: Manajemen Pendidikan Islam, Boarding School, Tujuan Pendidikan Islam


2021 ◽  
Vol 2 (3) ◽  
pp. 59
Author(s):  
Susanti Krismon ◽  
Syukri Iska

This article discusses the implementation of wages in agriculture in Nagari Bukit Kandung Subdistrict X Koto Atas, Solok Regency in a review of muamalah fiqh. The type of research is field research (field research). The data sources consist of primary data sources, namely from farmers and farm laborers who were carried out to 8 people and 4 farm workers, while the secondary data were obtained from documents in the form of the Bukit Kandung Nagari Profile that were related to this research, which could provide information or data. Addition to strengthen the primary data. Data collection techniques that the author uses are observation, interviews and documentation. The data processing that the author uses is qualitative. Based on the results of this study, the implementation of wages in agriculture carried out in Nagari Bukit Kandung District X Koto Diatas Solok Regency is farm laborers who ask for their wages to be given in advance before they carry out their work without an agreement to give their wages at the beginning. Because farm laborers ask for their wages to be given at the beginning, many farm workers work not as expected by farmers and there are also farm workers who are not on time to do the work that should be done. According to the muamalah fiqh review, the implementation of wages in agriculture in Nagari Bukit Kandung is not allowed because there is an element of gharar in the contract and there are parties who are disadvantaged in the contract, namely the owner of the fields.


ISLAMIKA ◽  
2020 ◽  
Vol 14 (1) ◽  
pp. 1-11
Author(s):  
Ade Jamarudin ◽  
Ofa Ch Pudin

Ijarah is a contract on the transfer of goods or services with rewards instead. Ijarah based transactions with the displacement benefit (rights to), not transfer of ownership (property rights), there ijara financing translates as buying and selling services (wages hired), that take advantage of human power, there is also a translate lease, which take advantage of goods. Application ijarah growing financial institutions in the current Shari'ah is happening on the leasing company (financial institution based on Islamic teachings, as well as Islamic banking is one of the products in Islamic finance. Application ijarah emerging financial institutions shari'ah 'ah at the moment that is happening on the leasing company (financial institution based on Islamic teachings, as well as Islamic banking is one of the Islamic financing products). This research is a library research (library research) and field research (field research), and is descriptive, analytic and comparative. Data sources used in this study are sourced from primary and secondary data. Ijarah transactions are based on the transfer of benefits (use rights), not the transfer of ownership (ownership rights), some translate ijarah financing as the sale and purchase of services (wage wages), i.e., taking the benefits of human labor


2019 ◽  
Author(s):  
Ali Geno Berutu

his Research proves that the implementation of Aceh Qanun No. 12, 13 and 14 Year 2003 on Khama r, M a i s i r , and Khalwat in Subulussalam is not completely worked well, because in addition to legal issues qanuns, most have efforts political consolidation of the central government and local government. This thesis supports and strengthens the conclusion Michail Buehrel in this article entitled “The Rise of Sharia by Laws in Indonesia District an Indication For Changing Patterns of Power Accumulation and Political Corruption ” (2008) who found the formulization of Islamic Law in the region is political consolidation instrument for exploring the local government, especially financially in building. Buehler did not even find a conservative movement in the imposition of Islamic Law in the area. This research also support M.B Hooker’s opinion in his work entitled Indonesian Syariah : Defining a National School of Islamic Law, (2008)which states that in legislative process of Islamic law in aceh. There are many obstacles and barriers , because the Sharia Law to be applied must necessarily correspond with the system national law, while the central government to add more breadth of autonomy for Aceh in the part of Islamic Law to legislate in the part of law qanuns jina>na>t . This thesis does not agree with the conclusion of Harold Crouch in his work The Recent Resurgence of Political Islam in Indonesia, “ Islam In Southeast Asi a: Analysing Recent Development” , ed. Anthony L. Smith, (Singapore: ISEAS, 2002) as saying that the barrage history of failure of Islamic parties in order to implement Islamic Law-making opportunities for the application of Islamic Law in Indonesia did not exist. Crouch’s opinion just say that the application of Islamic Law to be in the sense of establishing an Islamic State. Data obtained from field research (field research) with qualitative methods and approach the socio - legal - historical . The primary data of the document and the results wawancara and field observations. Primary data in the form of documents are: Law No. 44 In 1999, Law No. 18 of 2001, Law No. 11 In 2006, Qanun 5 In 2000, Qanun No. 12, 13, 14, 2003, Qanun 7 In 2013, Qanun 6 In 2014 and Qanun 8 Year 2014. The primary data in the form of interviews and observations sourced from: Office of Islamic Law (DSI), the Wilayatul Hisbah (WH), the Court Syar'iyah (MS), the Police, the Mufti Consultative Assembly (MPU), the Aceh Tradition Council (MAA). Secondary data in the form of: 1) the books on Islamic law, sociology and anthropology of law, the historical development of Islam in Indonesia; 2) journals and other scholarly works that examine the rules of Islamic law, the application of Islamic law, social and Community; 3) as well as other sources such relevant, scientific papers, websites, newspapers, magazines and others


2021 ◽  
Vol 2 (3) ◽  
pp. 1
Author(s):  
Asrizal Saiin ◽  
Hasbi Umar ◽  
Hermanto Harun

This paper discusses how the renewal of Islamic law occurred in Egypt and Sudan. This study uses a qualitative research method with a normative approach. The data source used in this study is a secondary data source, because it only examines the literature or literature. From the results of this study, it can be understood that the role of the countries of Egypt and Sudan in fighting for qanunization (taqnin) and the formalization of Islamic law is very large. Even though they have to go through the challenges of Western imperialism and secularism, so that Islamic societies and countries have variations in responding to Western civilization today. The renewal of Islamic law in Egypt and Sudan occurred because of the struggle of Muslims in Egypt and Sudan with the rulers of the Islamic world, between secularism and Islamic law.


2020 ◽  
Vol 4 (2) ◽  
pp. 208
Author(s):  
Rahmat Firdaus ◽  
Melisantri Okvita

<p><em>The purpose of this research is to find out and to analyze the implementation of murabahah financing at Bank Syariah Mandiri KCP Padang Panjang its conformity with the DSN MUI Fatwa Number four of two thousand. This type of research is field research field research and library research research. The research method used is a qualitative method. Data collection techniques are observation, interview and documentation. The results of this study indicate that in the general provisions of Islamic banks that the bank buys the goods needed only on behalf of the bank itself and the purchase must be separate and have personal limitations. However, in practice, it is found that the bank provides money to customers to buy one of the items needed on behalf of the bank using an installment system based on the amount and time determined by the bank. in is allowed by the clerics on the condition that the bank authorizes the customer to buy goods under the murabahah bil wakalah contract. However, according to the author's opinion, there is no conformity of the DSN-MUI fatwa regarding murabahah with its</em><em> practice at Bank Syariah Mandiri KCP Padang Panjang.</em></p><p><em><br /></em></p><p>Tujuan dalam penelitian ini adalah untuk mengetahui dan menganalisis pelaksanaan pembiayaan murabahah pada Bank Syariah Mandiri KCP Padang Panjang kesesuaiannya dengan Fatwa DSN MUI No. 4 Tahun 2000. Jenis penelitian adalah penelitian lapangan <em>field research</em>. Metode penelitian yang digunakan adalah metode penelitian kualitatif. Teknik pengumpulan data adalah observasi, wawancara dan dokumentasi. Hasil penelitian menunjukkan bahwasannya dalam ketentuan umum fatwa murabahah di bank syariah yaitu bank membeli barang yang dibutuhkan nasabah atas nama bank sendiri dan pembelian harus sah dan bebas riba. Akan tetapi pada prakteknya dilapangan adalah bank memberikan uang kepada nasabah untuk membeli salah satu barang yang dibutuhkan atas nama bank dengan sistem angsuran berdasarkan jumlah dan waktu yang telah ditetapkan oleh bank. Hal ini dibolehkan oleh ulama dengan ketentuan pihak bank menguasakan kepada nasabah untuk membeli barang dengan akad <em>murabahah bil wakalah</em>.</p>


2021 ◽  
Vol 17 (2) ◽  
pp. 165
Author(s):  
Fani Fadliyani ◽  
Yosep Farhan Dafik Sahal ◽  
Muhamad Aris Munawar

This study aims: (1) to determine the morals of students in SD Inspiratif Al-Ilham, Banjar City. (2) to determine the implementation of Islamic Personal Development (BPI) in building the morals of students at SD Inspiratif Al-Ilham, Banjar City. (3) to find out the results of the Islamic Personal Development (BPI) in building the morals of students at SD Inspiratif Al-Ilham, Banjar City. The purpose of this study was to determine the morals of students, the implementation of Islamic Personal Development and to find out the results of Islamic Personal Development in fostering the morals of students at SD Inspiratif Al-Ilham, Banjar City. This study used a qualitative research method with a case study approach. This study used data collection techniques using interviews, observation, and documentation study. The data used are primary data obtained directly from respondents regarding the implementation of Islamic Personal Development. Meanwhile, secondary data in the form of theories and other supporting data were obtained from literature and school archives documentation. All of these data are materials to describe the implementation of Islamic Personal Development (BPI) at SD Inspiratif Al-Ilham, Banjar City. The results of this study indicate that: (1) The morals of the students at SD Inspiratif Al-Ilham, Banjar City are good enough. (2) Implementation of Islamic Personal Development in fostering the morals of students at Inspiratif Al-Ilham Elementary School, Banjar City, namely through coaching which includes guidance by exemplary, guidance with habituation and guidance with advice (3) The results of the Islamic Personal Development (BPI) in fostering the morals of students at the Inspiratif Al-Ilham Elementary School, Banjar City are quite good, where students have been able to show behavior according to the existing indicators, including being able to carry out congregational prayers and prayers. sunnah dhuha and qiyamullail, reciting dhikr after every prayer and so on.


2020 ◽  
Vol 1 (1) ◽  
pp. 67-79
Author(s):  
Nizrah Nizrah ◽  
Nasaruddin Nasaruddin ◽  
Hamiyuddin Hamiyuddin

This research has a problem that how is the implementation of the topo salia custom in Desa Maninili Barat, Kecamatan Tinombo Selatan, Kabupaten Parigi Moutong, and what is the view of Islamic law on the topo salia custom. The research method used is a qualitative method that describes field research. In the data collection technique, the writer used the method of observation and direct interviews with informants, namely the village head and several religious figures as well as documentation. Then, the results of the research found that first the topo salia custom is a ritual that is carried out in the month of Rabiul Awal to commemorate the birthday of the Prophet Muhammad. namely on the 12th of Rabiul Awal, this tradition was carried out with the aim of rejecting calamities and making their children live and cultured. Second, according to the view of traditional Islamic law, topo salia does not contradict Islamic law because it contains Islamic values, such as deliberation, mutual cooperation, strengthening friendship, and a form of gratitude to Allah swt.


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