Economic Jurisprudence Research Articles

(Financial Management in the Islamic State)

The setbacks that have become accompanying contemporary economies, or sacrificed beyond doubt, to the necessity of searching for principles And other foundations that are more just and equitable, and from this research we will touch on the most important principles and characteristics, to reveal the components of the financial resources of the Islamic state, and from here the talk about financial resources. The general public in Islamic economic jurisprudence includes several matters, the most important of which are: zakat, tribute, tax, tithe, and land. This research aims to highlight how to address the budget deficit in the Islamic economy, and to clarify the most important differences between the elements of the general budget and the methods of financing the budget deficit through Islamic financing formulas. The first topic: the financial system of the Islamic state. As for the second topic: the financial spending of the Islamic state. And the third topic: the financial deficit in the Islamic state and its treatments, and then the most prominent results of the research. Keywords: the financial system, spending in the state, the budget deficit.

TINJAUAN FIKIH EKONOMI TERHADAP PRAKTIK JOKI GAME ONLINE PLAYER UNKNOWN BATTLE GROUND (STUDI KASUS DI DESA PANYABUNGAN III KECAMATAN PANYABUNGAN KABUPATEN MANDAILING NATAL

This article examines the economic fiqh review of the practice of online game jockey player unknown battle ground (PUBG) in Panyabungan III Village, Panyabungan District, Mandailing Natal Regency. The problem is how the legal practice of jockey games online player unknown battle ground (PUBG) in Panyabungan III Village, Panyabungan District, Mandailing Natal Regency. The type of research used is a qualitative approach field research. The source of the data in this study was obtained from interviews with online game jockey players unknown battle ground (PUBG) in Panyabungan III Village, Panyabungan District, Mandailing Natal Regency. The data is processed by analyzing the phenomenon and associated with the study of Islamic economic jurisprudence. The results obtained are in the perspective of economic fiqh, the practice of jockey games online player unknown battle ground (PUBG) in Panyabungan III Village, Panyabungan District, Mandailing Natal Regency using a lease agreement (ijarah) using the services of samsarah. Using the services of a jockey client will feel a loss for himself because his game account will not provide much benefit for him as well as only raising the Tier on his account is just a pleasure, actually in Islam this is an excessive and wasteful act. So it can be concluded that the PUBG Online Game Jockey in Panyabungan III Village, Panyabungan District, Mandailing Natal Regency is haram because it does not meet the pillars and conditions such as containing immoral and haram elements.

The Invention of Economic Jurisprudence. From Jhering to Posner

The Invention of Economic Jurisprudence. From Jhering to Posner

TINJAUAN FIQH EKONOMI TERHADAP PEMBIAYAAN MODAL KERJA MELALUI MURABAHAH PADA PT BRI SYARIAH

This article examines the review of economic fiqh on working capital financing (KUR) through murabahah at PT BRISyariah in terms of contracts and margins. KUR Mikro Syariah uses a murabahah contract on a margin that describes the amount of profit or profit sharing that is determined at the submission of KUR Mikro Syariah. The government provides a margin subsidy, which is the difference between the margin level and the margin burden from KUR Mikro Syariah distributors to KUR Mikro Syariah recipients. How is the implementation of murabahah on working capital financing at PT BRISyariah? and how does the Economic Fiqh review on the implementation of the murabahah? This type of research uses field studies and literature studies. This research method will be analyzed qualitatively, based on the perspective of Economic Jurisprudence, as stated in the Qur'an, Sunnah and fiqh books and / or fatwas. The results of this study found that the implementation of murabahah in working capital financing at PT BRISyariah was carried out by providing murabahah (working capital) financing to customers for purchasing building materials with a margin percentage determined by Islamic banks. This margin is subsidized by the government based on the financing ceiling with a standard margin of 6%. Murabahah financing transactions are only valid once, even though the purchase of goods is made repeatedly. According to the Fiqh of Economics working capital financing (KUR) murabahah at PT. BRISyariah which uses a murabahah contract with the provision of working capital in the form of money is not right. Because, providing working capital in the form of money is more appropriate to use a mudharabah contract.

Tinjauan Fikih Ekonomi Terhadap Pengupahan Bajak Sawah di Nagari Padang Laweh Malalo Kecamatan Batipuah Selatan Kabupaten Tanah Datar

This article discusses the payment of rice plow from the perspective of Economic Jurisprudence in Nagari Padang Laweh Malalo, Kecamatan Batipuah Selatan, Kabupaten Tanah Datar. The problem is that there has been a change in the tradition of plowing rice fields from using cattle to using tractor engines. These changes also bring changes to the practice of plowing, the efficiency of time, costs, and how wages are calculated. In connection with this the question arises how the review of Economic Jurisprudence on wage plows in Nagari Padang Laweh Malalo Kecamatan Batipuah Selatan Kabupaten Tanah Datar? The type of research I use is library research with a qualitative descriptive approach. The data that the author gets is through interviews. Data sources are farmers who have rice fields or plowsmen. Data is processed by classifying or categorizing the data and analyzed with the theory of Economic Jurisprudence. This study found that the Review of Economic Jurisprudence on wage plows in Nagari Padang Laweh Malalo, Kecamatan Batipuah Selatan, Kabupaten Tanah Datar may be permissible (mubah) due to the addition of wages requested by the plowman to use the machine in accordance with the work produced and in accordance with the Qur'an.

The Hypothesis of Uncertainty in Islamic Economic Jurisprudence: Applied Constituent Study

يدرس البحث فرْضية عدم التأكد في الفقه الاقتصادي الإسلامي، فيعرِّف عدم التأكد، ويعرض اقتباسات من مصادر أصول الفقه تشرح معنى عدم التأكد، ويذكر المستند الأصولي لهذه الفرضية وأدلته الشرعية من القرآن الكريم والسنة النبوية، ويعدِّد أسباب عدم التأكد، ويأتي بمثال لعدم التأكد وعكسه من أحكام الفقه الإسلامي، ويبيِّن أثر فرْضية عدم التأكد في بناء ضوابط المعاملات المالية ذات الصِّلة.

Semiotics of Islamic Law, Maṣlaḥa, and Islamic Economic Thought

The paper explores the role and meaning of maṣlaḥa (social utility) and its possible appropriation in the field of Islamic legal and economic thought, as laid down by various medieval and contemporary Muslim scholars. Questions that are pertinent to the research are the following: how has maṣlaḥa been incorporated in legal reasoning and what kind of meaning does it convey; what type of economic (and/or legal) reading does it presuppose; do ethics, law, and scriptural sources play equally important role as reference in developing the concept in economic terms, are some of the questions that this paper will try to provide answer to. Further, as there is a tendency to believe that Islamic economic thought cannot be equated only with legal and juridical underpinnings, it is pertinent to pose a question if economic ideas have flourished independently from its legal framework. Maṣlaḥa in its capacity has always remained part and parcel of Islamic legal theory, and has been rarely addressed within the frame of economic thought; therefore a new reading is required to deal with the position of economic teachings within Islamic tradition. The paper consists of three sections, whereby the contributions made by Muslim medieval scholars on Islamic economics will be presented. The first chapter provides a historical overview of Islamic law and the concept of maṣlaḥa in relation to the field of Islamic economics, including Abu Hamid al-Ghazali’s monumental Iḥya ‘ulūm al dīn (Revival of Religious Sciences), which presents a milestone in converging Sufi ethical teachings of Islam in accordance with the legal methodology of Islamic law. The second part aims to discern and examine the economic jurisprudence and economic theory in Islam as it is understood by some of the mainstream theoreticians of Islamic (economic) studies, advocating the view that Islamic economics is inextricably related to the gist of Islamic legal reasoning. In this section the ideas of Muhammad Baqr al-Sadr will be presented as he proposes a new reading of Islamic economics as a doctrine and not a science. The third part questions Islamic legal establishment and its normativity, the claim that legal norms have always been part of the Islamic economic reasoning. This claim rests upon the idea that Islamic legal patterns were also socially constructed, including some aspects of Islamic economic reasoning. Concluding remarks will draw upon the idea that despite the fact that Islamic legal and economic literature are based upon the religious scriptures of Islam, the Qur’an and Tradition, it is more appropriate to claim that they rest upon the ethical cosmology that surpasses purely theological concerns.

Posisi Ushul Fikih dalam Metodologi Ekonomi Islam

Islamic Economics is an entity of thought and practice that currently writhingin Muslim communities. Each entity has certain ideas of its own methodology.So it is with Islamic economics. Since the product of intentional since thebeginning of Islamic economics is different from the conventional economywas certainly one of the distinguishing framework called ushul fiqh. Thispaper presents the position of ushul fiqh methodology of Islamic economics.To confirm the significance of the position shown several such productswhere the Islamic economic jurisprudence fiqh perspective when used as awhole shows a different product than the product of conventional economics.

Pemikiran Ekonomi Abu Yusuf dan IBN Adam: Eksplorasi Awal Konsep Sumber Keuangan Negara

Abu Yusuf and Ibn Adam have the different methodology in writing the al-Kharaj. Abu Yusuf more rationally in revealing the arguments and his economic jurisprudence formulation more realistic and independent. While Ibn Adam just refers to the ahddits and ahddts without any external and internal critique to them. Al-Kharaj may mean the source of state income and land tax. Al-Kharaj and aljizyah loaded for the zimmi, while for Muslim people obliged to submit the zakdt. al-Kharaj, jizyah and zakat contain the close meaning. However, the inherent characters of zakat deny the zakat its self from al-kharaj or al-jizyah.

In search of coherence: social policy, the single market and fundamental rights

The tension between social policy and the free-market aims of European integration has been a constant theme since the formation of the Community in the 1950s. Previous contributions to this Annual Review have explored some of the more recent manifestations of this tension. These include the challenge posed to national welfare states and labour regimes by the ‘economic jurisprudence’ of European free movement law and competition law (Barnard and Deakin, 1998: 144–148). In the year under review here, there were two decisions of the Court of Justice which are likely to have a lasting influence on this debate. In Albany, which we discuss in the second section (below), the Court considered the most direct challenge yet to national autonomy in social policy, namely an argument that collective agreements should be subjected to routine scrutiny under the competition policy provisions of the Treaty. In rejecting this claim in its most ambitious form, the Court drew on the social policy provisions of the EC Treaty, and in particular the encouragement in the Treaty given to social dialogue. Albany therefore represents a significant, if hesitant, step on the road towards the recognition of a more central place for social rights within the European legal order. By the same token, the Court’s decision in the Centros case (discussed in the third section) was a reminder of how far there is still to go if this goal is to be achieved. Centros signals that the principle of territoriality—the right of member states to apply regulatory laws to companies operating on their territory regardless of the state in which those entities have been incorporated—is increasingly under challenge from the principle of freedom of establishment, with its overriding emphasis on the right of freedom of movement for entrepreneurs. These decisions represent, in certain respects, ‘lawyers’ law’, dealing as they do with technical and complex arguments on the scope of the legal concepts which

Anthropological approaches to property law and economics

This paper confronts law and economics approaches to property with empirical and theoretical insights from legal anthropology. It is argued that law and economics scholars have given little attention to the elaboration of a comparative analytical framework with which to describe and analyze property rights systems. Property is dealt with mainly in the sphere of private law and in the synchronic dimension. Consequently, little attention is given to the political nature of (public) property rights and to processes of inheritance. Moreover, its methodological (individualist) assumptions leave little room for the analysis of the interrelations between individual interactions and social change, in particular in plural legal property systems. The normative and teleological orientation of law and economics are quite different from legal anthropology, an academic specialism primarily devoted to description, analysis and cautious theoretical generalization. It is concluded that law and economics is more an ‘economic jurisprudence’ than a social scientific study of law in society.