Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah
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Published By Universitas Muhammadiyah Surabaya


Umi Atia Hanik

This study aims to determine the principle of mutual tolerance (tasamuh) in the all you can eat restaurant from the istihsan perspective. The research method used in this research (library research) is a qualitative approach. The data sources of this research are books and journals that are analyzed using the Miles and Huberman analysis method which includes three lines, namely data reduction, data presentation and drawing conclusions or verification. The results of this study conclude that the principle of mutual tolerance (tasamuh) in all you can eat restaurant according to the istihsan perspective is allowed based on ‘urf because it has become a habit of today’s society which will be difficult to avoid but still we should not go to waste in taking food because it is hated by god.Keywords: Buying and Selling, tasamuh, istihsan

Muhammad Lathoif Ghazali ◽  
Yudi Amirul aji Amanda

Research aims to understand the concept of qiyas in mudharabah divorce .This research result indicates that mudharabah divorce with musaqah illah have in common, in common can be viewed from the side of understanding, in the manner of the agreement and the cancellation of requirements as the requirements sighat in both the divorce requiring the sighat (ijab and qabul), and there are also requirements and do not all requirements used same it is just in object the division of the gaining of it is that would differ, if not of capital mudharabah used in the form of money, musaqah in the form of a garden, mudharabah used in divorce and financial institution musaqah in use in agribusinesses. In nullification only two point according to researchers under the same one of both the parties that died and things that block the annulment of (crazy or murtad). The practice of akkad mudharabah is as ashl then al-musaqah is as far'u, after we had put together in the same evidence is cooperation between / owners or those with capital manager / the best of garden against the power to keep the business going and then within the division of the gaining of it is divorce agreement has been agreed upon at the beginning. So with this, and not even go near mudharabah musaqah in in business activities.Keywords : Qiyas, Illat, Mudharabah, Musaqah 

Siti Nur Faiza

This research is the result of field research to analyze the 'urf study on the rejection of the MUI halal certification of naming “devil noodle products”. In conducting research, the author uses qualitative methods by using field data and complemented by secondary data to strengthen the analysis that comes from previous research, books, journals, decrees, and others. Then, uses descriptive analysis techniques to analyse. Noodle devil is one of the spicy culinary foods that has a lot of customers but in its business journey this product did not get approval to get the halal label of the East Java MUI because the devil's name does not match "SK 46 / Dir / LPPOM MUI / XII / 14 and Fatwa MUI Number. 4 of 2003 concerning Standardization of Halal Fatwa. "Although the devil's noodle product has been known to mean spicy noodles with a level of spiciness, the custom of using the name Setan includes urf 'lafzi which is unacceptable because the word Setan is included in the category of names of Allah's enemies who are feared to keep them from remembering Allah. Based on the validity of the ‘urf naming’ of products labeled satanic, including ‘urf fasid’ which must be abandoned. From the results of the research, LP POM MUI East Java is very careful in accepting or rejecting applications for Halal Product Certification, the first step of the East Java LPPOM MUI is to assess the name or symbol on the product being proposed. If Surabaya devil noodle sellers want to get the halal label from the East Java MUI, they must change the devil's name to a good name and symbol that not lead to kufr and forget to remember Allah.

Ario Patra Nugraha ◽  
Chamim Tohari

This research discusses about the status of land rights whose ownership has been not clear yet, which is the object of cooperation in utilization between the Sawir Village Government and PT Solusi Bangun Indonesia Tbk, according to the laws and principles in force in Indonesia. The problems that will be answered in this study include: (1) What is the status of land rights that are used as objects of utilization between the Sawir Village Government and PT Solusi Bangun Indonesia Tbk? (2) How is the land use cooperation between Sawir Village Government and PT Solusi Bangun Indonesia Tbk according to Western and Islamic Covenant Law? This type of research is a qualitative research, while the approach used is an empirical juridical approach, namely legal research that functions to see the laws that apply in the community. The results of this research are: (1) According to the Sawir Village Government, the land belongs to the Village Government as evidenced by the existence of a field map in the village C book. Meanwhile, according to the Tuban Regency Government, the Tuban Regency National Land Agency, and PT Solusi Bangun Indonesia Tbk, the land ownership is not registered and cannot be claimed as an asset of Sawir Village. According to Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles article 19 paragraph 1, the land cannot be referred to as land belonging to Sawir Village until the certification is completed on behalf of the village. And to get the ownership certificate, the Sawir Village Government must register or submit an application for ownership of the land to the National Land Agency of Tuban Regency. (2) According to the Islamic Covenant Law, the status of the land does not meet the requirements as an object of the agreement. This is because the land has not been legally proven to be owned by the Sawir Village Government. Whereas one of the main requirements for the validity of an agreement is that the object of the agreement must be legally owned by one of the parties who entered into the agreement.Keywords: Utilization, Non-Certified Land, Covenant Law, Customary Rights

Rofiqotur Riskiyah

This study aims to find out about how Ijma 'review of the concept of bai'al-wafa'. This study uses Library Resech research with a descriptive approach. The data sources of this research were collected from several books and journals which were analyzed using the Miles and Huberman analysis method which includes three lines, namely data reduction, data presentation and conclusion or verification. The results of this study concluded that from the results of the ijma'para ulama about bai'al-wafa 'there were differences of opinion, where the opinions of both were strengthened by the arguments and reasons of each ulama. According to the hanafiyah ulama, the occurrence of bai'al-wafa 'is allowed because the purpose of using bai'al-wafa' is to avoid usury which continues to grow among the community. Bai'al-wafa 'when viewed from ihtihsan' urf, which is something that has been carried out by society and has been considered good. Meanwhile, according to the jumhur of other scholars, the bai'al-wafa 'is not allowed, because in the sale and purchase there is no grace period and conditions that state that the purchased goods must be returned to the original owner at the same price, therefore according to the scholars the use of bai'al-wafa 'is not justified.Keywords : Bai’al-Wafa’, Consept Bai’al-Wafa’, Ijma’

Relita Rofiqoh

Abstrak : Penelitian ini bertujuan untuk mengetahui kemungkinan yang terjadi saat dilakukan merger tiga Bank Syariah di Indonesia dan menganalisis tentang hukum merger tiga bank syariah dalam ekonomi Islam berdasarkan perspektif kaidah pokok ke tiga qawaid fiqhiyah. Jenis penelitian kualitatif ini menggunakan pendekatan studi pustaka. Hasil temuan menyatakan dengan adanya merger dapat menjawab semua tantangan yang ada dan mempermudah dari segala aspek. Hal ini sesuai dengan kaidah ketiga Al-Masyaqqah Tajlib Al-Taisir yaitu kesukaran mendatangkan kemudahan serta cabang kaidah pokok ketiga mengarah kepada fleksibiltas sesuai dengan kondisi dan keadaan yang ada. Seiring berkembangnya perbankan baik tingkat nasional maupun internasional dengan adanya merger akan mampu untuk bersaing dengan perbankan lainnya dan tujuannya untuk memperluas market share dengan memperkuat permodalan sehingga memberikan kemaslahatan bagi berbankan syariah di Indonesia.Kata Kunci ; Merger, Bank Syariah, Kaidah Pokok ke tiga

Siti Mahmudah

This article aims to examine the sale and purchase of auctions from the perspective of istishab. Buying and selling auctions have occurred in the community and develop according to needs. However, the law regulating auction buying and selling is still a metter of debate among the public. The subject of this article is buying and selling auctions. Research method library research eith a descriptive approach. The propet Muhammad SAW to buy and sell auctions, as the practice applied by the propet Muhammad was to assist his friends in auctioning aff his slaves and the proceeds from the auctions of slaves were intended for his treatment.then the law of buying and selling auctions is permitted until there is a legal basis that can chage the law. The purpose of holding a sele and purchase auction is to assist and assist parties experiencing financial problems. Istishab, namely enforcing exixting law until a ne law is found for an event. Buying and selling auctions is allowed by islam because it does not harm others. The practice of buying and selling auctions is carried out in public and withnessed by everyone and there is not manipulation by certain partiens.Keywords: Istishab, buying and selling auction, buying and selling of auctions during the time of the Nabi Muhammad 

Riszky Rosa Nur fadilla

This study aims to determine the practice of buying and selling using actions (ba'i al-mu'athah) in supermarkets according to the 'urf perspective. The research method used in this research is library research with a qualitative approach. The data sources of this research, were collected from books and journals. Which were analyzed using the Miles and Huberman analysis method which included three lines, namely data reduction, data presentation and drawing conclusions or verification. The results of this study conclude that the practice of buying and selling using actions (ba'i al-mu'athah) in supermarkets is allowed based on the 'urf perspective. This practice is allowed on the basis of several opinions of fiqh scholars, such as the opinion of Madzhab Syafi'i ,some of Madzhab Syafi'iyah (Imam An-Nawawi), Madzhab Hanafi  and Madzhab Maliki . Although there are some scholars who allow this practice, there are also scholars who do not allow it, like the opinion of Madzhab Syafi'i.Keywords : Buy and Sell, Ba’i Al-Mu’athah and ‘Urf 

Mahmud Mahmud ◽  
Warsidi Warsidi

This study aims to prove empirically that the transaction contract and the mechanism of Sharia mortgages loan financing are carried out at BTM Mulia, Babat, Lamongan in accordance with Islamic sharia principles. This is a qualitative descriptive research, where which is focused on the study of legal actions (tasarruf), namely the implementation of mortgage loan financing at BTM Mulia with customers using murabahah contracts, and this is also called as a field research which data collection is carried out at KSPPS BTM Mulia, Babat, Lamongan. The results of this study are: (1) The implementation of the Sharia mortgages loan financing contract in BTM Mulia is in accordance with the theory of the contract which has been stipulated in Sharia Economic Law, both based on the DSN-MUI fatwas and Sharia Economic Law Compilation. (2) The implementation of Sharia mortgages loan financing (KPR) at BTM Mulia, Babat, Lamongan is in line with the sharia principles contained in Sharia Economic Law, which includes the principle of : 1). Tauhid : because the implementation of financing in BTM Mulia is not merely oriented towards the acquisition of economic benefits but more than that is to the spirit of help between human beings, 2). Justice : because there are no elements of gharar, maysir, and usury, and there are clear rights and obligations between the customer and BTM Mulia, 3). Benefit and Maslahah : because of the clear benefits and goodness, 4). Ta'awun : because if there are customers who have difficulty in installment payments, the BTM provides an extension of time for these customers to have the ability to repay their debt, 5). Khilafiyah or compliance with government regulations : because in terms of the contract procedures implemented, the mechanism that is carried out, as well as the method of resolving problems in the event of a dispute with the customer, BTM Mulia uses regulations that have been determined in Sharia Economic Law.Keywords: Sharia Principles, Transaction, Credit, Houses, BTM Mulia

Muhammad Rom rafsanjani Romadhon ◽  
Abdul Wahab

Baitul Mal wat-Tamwil (BMT) is a cooperative-shaped institution. BMT in conducting financial management with the principle of the share of the outcome, buying and selling, and saving money (Wadi ‘ah). BMT in realizing financing, also apply the administrative cost of financing as a pre-requisite to be paid by the financing members. BMT as a financial institution that emerged from the implications of state recognition of Islamic laws in its operation must be strictly based on the Quran and Al-Hadist. In this research, there will be a survey on the implementation of financing administration costs in the Baitul Tamwil Muhammadiyah Mulia in Babat Lamongan in the perspective of Islamic law. The data in this study is the primary data obtained from the BMT and secondary data in the form of books that support the research. The data collection methods are observations, interviews and documentation. The results showed the Baitul Tamwil Muhammadiyah Mulia Babat Lamongan set the administrative fee based on a percentage of the nominal ceiling financing so that it will cause a different increase and expense for the nominal financing of different. This shows the Baitul Tamwil Mulia Muhammadiyah Babat Lamongan took advantage of financing administration management. This is not in accordance with the sharia based on Al-Quran and Al-Hadith which is interpreted in the Fatwa of the National Sharia Council of the Indonesian Ulema assembly No: 11/DSN-MUI/IV/2000 about the Kafalah and Fatwa of the National Sharia Board (DSN) of the Indonesian Ulama Council (MUI) NO. 44/DSN-MUI/VIII/2004 about multi-service Ijarah financing.Key Words :  KSPPS, Biaya Administrasi Pembiayaan, Hukum Islam

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