DSN-MUI Fatwa Research Articles

The strategy for mitigating risk in sharia hotels based on the DSN-MUI Fatwa regarding the service and restaurant operational aspects

Purpose – The study aims to develop a risk mitigation approach based on the operational aspects of services and restaurants in sharia hotels.Methodology – A series of semi structured interviews was conducted with various relevant participants consisting of lecturers and Indonesian Ulema Council (MUI) employees. The interviews aimed to elicit information pertaining to the identification of risks and risk handling priorities in halal certification sharia hotels.Findings – In general, risk identification and risk handling were proposed to provide recommendation to sharia hotels in mitigating risks to obtain halal certificate. The findings indicate that numerous risk factors made it difficult for hotels to obtain halal certification. Therefore, the hotel needs to know potential hazards in their operational activities of the given services so that appropriate risk mitigation can be implemented.Implications – This study's findings can be applied to improve research in the field of sharia hotels, specifically certification and implementation criteria. With the exact terms and circumstances of each criterion, it will be easier for the hotel to prepare to become a sharia hotel that adheres to Islamic sharia principles, particularly in growing halal tourism in various regions of Indonesia.Originality – This research contributes significantly to the area of halal tourism. In addition, this paper investigates risk analysis based on Indonesian regulations that are hardly ever discussed. Therefore, the findings of this study can assist hotel management, sharia tourism practitioners, and policymakers with relatively new information.

THE PRACTICE OF BUYING AND SELLING FOOD THROUGH THE JUANGJEK APPLICATION IN BIREUEN CITY VIEWED FROM AN ISLAMIC ECONOMIC PERSPECTIVE

This study aims to find out how the practice of buying and selling food through the JuangJek Application in Bireuen City is viewed from an Islamic economic perspective. This research uses a descriptive qualitative method where the legal basis used to find out the practice of buying and selling food through the JuangJek Application is based on the istishna contract. The data source used in the primary data. Data collection techniques are carried out using observation, interviews, and documentation techniques where then the data will be analyzed using data collection techniques, data reduction, and data presentation. Based on the data analysis that has been carried out, the results are obtained that the practice of buying and selling food through the JuangJek Application in the istishna contract is appropriate and considered legal. This is because there are three aspects used, namely the payment aspect, the terms of the goods, and the agreement. Where these three aspects have met and are in accordance with the provisions of DSN-MUI Fatwa No. 6 of 2000.

Analisis Kaidah Urf pada Fatwa DSN-MUI No. 54 tentang Syariah Card


 
 Humans as social beings cannot be separated from interaction with others, especially in fulfilling their daily needs, in economic activities, buying and selling transactions have a large enough portion to be discussed and studied, at the beginning of its development, buying and selling that occurs is still traditional, along with the times, found a medium of exchange called money, either in the form of metal or fiat money, the existence of money makes it easier for humans to make transactions. Innovation in the economic world, especially the banking world, is always dynamic, one of the emerging products is the sharia card or sharia credit card. The Indonesian Ulema Council through the National Sharia Council then provides direction through its fatwa No. 54 regarding sharia cards, in its fatwa sheet one of the arguments used is fiqh rules that discuss urf, so this study aims to discuss the relationship between the emergence of sharia card products and the urf argument that be included. Have the needs of the Islamic economic community in Indonesia reached the urf level and explain the mechanism of the sharia card contract listed on the DSN-MUI fatwa sheet No. 54. This research is a qualitative research based on library research with the main reference being turast books based on ushul fiqh and qawaid fiqhiah. After reviewing and paying attention to the concepts of urf in the two branches of science above, it was found that the needs of the community which were the main reason for the birth of this sharia card product had not yet reached the level of urf or habit, it only reached the level of مَا تَعُمُّ بِهِ الْبَلْوَى which is a condition where the use of credit cards in transactions has become common, but the results of this study do not necessarily result in this fatwa being automatically invalidated, because in its reference, DSN-MUI includes arguments and other rules that aim to strengthen sharia principles that apply to sharia cards. or Islamic credit card. This research is expected to be an example of studying fatwa sheets issued by DSN-MUI, so that it can become additional knowledge for those who want to study a fatwa.
 Keywords: Urf, Fatwa, Syariah Card

SAFARI SAVINGS AT KOSPIN JASA SHARIA BATANG

Kospin Jasa Syariah is one of the Service Cooperative institutions that has many products, one of which is the Safari Savings product. Safari Savings is a term savings with profit sharing in the form of free tours. The contract used in this Safari Savings is a mudharabah contract, where Kospin Jasa Syariah is the mudharib and the customer is the shaahibul maal. However, in practice at the Batang Syariah Services Kospin, it turns out that it is not in accordance with the DSN-MUI Fatwa Number 86/DSN-MUI/XII/2012 concerning Prizes in Funding for Islamic Financial Institutions because in the safari savings there is a prize in the form of money. The purpose of this study was to determine the practice of Safari Savings at Kospin Jasa Syariah Batang and to find out the perspective of Sharia Economic Law regarding the giving of gifts in the form of money.
 This type of research is a field research (field research) with a qualitative approach. The data sources consist of primary data obtained by observation and interview techniques to the management of Kospin Jasa Syariah Batang and 5 customers selected by accidental sampling technique. Secondary data in the form of literature books, research journals, theses, research results, and documents relevant to the research obtained with documentation techniques. Data were analyzed by descriptive analysis technique.
 Based on the results of the study, it can be concluded that in terms of the practice of drawing prizes in the form of money in Safari Savings it is not in accordance with the Fatwa of DSN MUI, there are several points that are not in accordance with the Fatwa of DSN MUI No. 086/DSN-MUI/XII/2012 concerning Prizes in Funding for Islamic Financial Institutions.
 Keywords: Safari Savings, MUI DSN Fatwa, Prize Draw

Implementation of the Qardhul Hasan Agreement at Indonesian Islamic Financial Institutions

Qardhul Hasan is one of the alternatives for usury-based loans (debt). Islamic economic principles forbid a loan with interest. The aim of loan transactions through Qardhul Hasan is used to help increase the country's economic growth. This working paper aims to explain the concept of Qardhul Hasan management. The management of Qardhul Hasan can be implemented from zakat, infaq, sadaqah, and waqf funds. One of the main regulations in carrying out the management of Qardhul Hasan is the DSN-MUI Fatwa No. 19/DSN-MUI/IV/2001 concerning al-Qardh. With a descriptive qualitative approach, this study aims to explain the implementation of the Qardhul Hasan contract at BAZNAS, BWI, and other Islamic financial institutions. BAZNAS and BWI are Islamic financial institutions in Indonesia that are active in implementing Qardhul Hasan in their operational activities. Therefore, the result of this research will also explain the differences in the management of Qardhul Hasan in BAZNAS Semarang Regency and BAZNAS Tulungagung Regency. This research is necessary to do because this study provides a descriptive perspective to explain the advantages of each of these Islamic financial institutions in detail. Moreover, the result of this study would become a comparison of each of the management of these Islamic financial institutions that can be input for every other Islamic financial institution.

PENERAPAN PRINSIP PEMBIAYAAN MURABAHAH PADA KSPPS BMT NUSA UMMAT SEJAHTERA KC. CIREBON TINJAUAN PERSPEKTIF HUKUM ISLAM

Murabahah is one of the fund distribution products that is quite popular with BMT customers because of its profitable characteristics. However, even though the implementation is easy and much-loved by the public, Murabaha financing also has many problems. Many factors include ordinary people who still do not understand about murabahah financing, because there are still many people who think that murabahah financing is the same as conventional financing. In fact, according to the DSN-MUI fatwa, this is not the case. For this reason, the author aims to conduct an analysis of the application of the principle of Murabaha financing. This research was conducted at KSPPS BMT Nusa Ummat Sejahtera KC. Cirebon, whose address is at Jalan Raya Tengah Tani No. 17 Dawuan Village, Tengah Tani Subdistrict, Cirebon Regency. The focus of the research is on an analysis of the condition of the BMT in the village, both institutional conditions, services, and practices in the field. The subjects of this research are the managers of BMT Nusa Ummat Sejahtera. The research methods used descriptive qualitative. The result of the research is murabahah funding as a one of product which BMT NU Sejahtera practically have doing by islamic principle.

IMPLEMENTASI AKAD MUSYARAKAH MUTANAQISHAH DI LEMBAGA KEUANGAN ISLAM

Some consumptive financing at Bank Muamalat and BMT are intended for customers such as mortgage products (home ownership) and vehicles, several types of contracts are executed, namely Musyarakah Mutanaqishah (MMQ). However, financing in the Musyarakah Mutanaqishah (MMQ) contract pattern still faces common problems. This study focuses on knowing the implementation of the Musyarakah Mutanaqishah (MMQ) contract on housing and vehicle financing. The research method used is a descriptive qualitative method with a literature review approach with data collection techniques namely literature study. The results showed that the implementation of the MMQ contract on housing and vehicle financing at Bank Muamalat and BMT was in line with DSN MUI Fatwa No. 73/DSN-MUI/XI/2008 concerning Musyarakah Mutanaqishah (MMQ), due to the existence of terms and conditions that there is a capital contribution of both parties between Islamic financial institutions and customers. The customer asks the financial institution to issue a partnership capital for the purchase of a house/vehicle, then the financial institution also includes partial/complementary capital so that it is referred to as an association/musyarakah then the customer pays the rent, and shares the proceeds with the bank.

Crypto Currency In The Perspective Of The Fatwa DSN MUI In 2021

Current technological developments include digitalization in various fields, including the field of financial investment. Cryptocurrency or digital currency is the result of the development of financial technology.. This researchaims to explore cryptocurrency analysis in the perspective of the 2021 MUI DSN fatwa and the Islamic financial system.The methodology used is a literature study approach to national and international journal articles, as well as books and other literature related to cryptocurrencies. The main findings produced in this study, the current global financial system mostly adheres to an interest-based economic system. There are at least 3 factors behind the birth of Islamic finance, namely: ideological religiosity, pragmatic empiricism, and idealistic academics. The importance of crypto currency as a legal tender according to the perspective of Indonesian law and the Islamic financial system, both at the level of theoretical and practical philosophy.From the results of this study, it is hoped that it will answer the advantages of theoretical philosophy-practice Islamic financial system at the theoretical and practical levels. However, stakeholders in the field of Islamic finance should not be passive, but proactive in the existence of the cryptocurrency

Persepsi Mahasiswa Ekonomi Syariah Terkait Ta’dzir pada Bank Syari’ah:


 Islamic financial literacy still shows a very minimal number, namely 8.93% according to publications from the Financial Services Authority in 2019 which means that when there are 100 Indonesians, 8 of them have a fairly good literacy towards Islamic finance. Meanwhile, according to publications from Bank Indonesia, the increase doubled, namely 16.28%, which the research conducted in 2019 which means that for every 100 people in Indonesia. Students as agents of call to advance Islamic finance, it is necessary to have a fairly good literacy, moreover there are many thoughts that are the antithesis of Islamic economic thought that is fatwaed by the DSN-MUI. The institution is an institution recognized by the government in issuing sharia economic fatwas in Indonesia. Therefore, Islamic economics students must have the same perception as what the DSN-MUI fatwa has made. Late fines become a contract that gets a negative stigma in the community because there are thoughts that are contrary to the DSN-MUI fatwa. Therefore, it is important for Islamic economics students to fortify themselves with good literacy in order to have a good perception.STIS Al-Wafa provides good literacy to its students, especially those who have passed semester 5 because they have obtained literacy related to contemporary muamalah fiqh. So that most of them have a good perception of late fees in Islamic banks. Then also as a student, it is also necessary to deepen material about benefits because it can help in understanding a fatwa product that is relevant to its era.
 Keyword : Perception, Literacy, Late Charge, Student

Trading Saham Based on Fatwa DSN-MUI No.135/DSN-MUI/V/2020 for Trader

This article aims to provide a deeper knowledge of the laws of stock trading that are found not only in traditional activities but also in Shariah activities. The method used for the discussion is a Library Research method that collects data from multiple written sources, such as books and other articles related to discussions related to stock trading. In Indonesia itself this is a new phenomenon on the rise and many people are seeing this trend so they can benefit from it in the short term. It is a transaction that buys and sells securities, and is different from stock investment that a long-term transaction (savings). Equity trading activities in accordance with DSN-MUI Fatwa No. 135/DSN-MUI/V/2020 on equities, It explains to traders the importance of stocks, laws, issuances and where stocks are traded.

Islamic Law Analysis of Guidelines for Implementing Contracts in Nuri Savings and Loans and Sharia Financing Cooperatives (KSPPS) East Java

The aim of Sharia Cooperatives is to improve the welfare of members in particular and society in general and to contribute to building a just economic order in accordance with Islamic principles. Strengthening this principle, of course, must start from the contract as sharia legitimacy from the practices carried out by the Cooperative including the Nuri East Java Savings and Loans and Sharia Financing Cooperative (KSPPS). The formulation of the problems posed are 1) How is the Contract Implementation in the KSPPS Nuri East Java Contract Manual; 2) What is the analysis of Islamic law on the implementation of the contract? This research is in the nature of a text study of contract implementation manuals at KSPPS Nuri, East Java, so the method used is a literature survey, namely searching for and studying written materials related to the object of study. The findings of this study are that the contracts practiced at KSPPS Nuri East Java in general do have a strong foundation in Islamic law and are in accordance with the DSN MUI fatwa. Because the foundation of the MUI's DSN fatwa besides ummahatul mashadir such as the Al-Qur'an, hadith, ijma' and qiyas are also the views of the scholars in fiqh books.

Wakalah bi al-Istitsmar dalam Mekanisme Penghimpunan Dana di Lembaga Keuangan Syariah

This study is intended to examine the fatwa of the National Sharia Council of the Indonesian Ulema Council (DSN-MUI) regarding Fundraising under the Wakalah bi al-Istismar Agreement which provides greater opportunities for Islamic financial institutions in Indonesia in raising and managing capital. This study uses a document approach by using the DSN-MUI fatwa Number 152 of 2022 as the main source, and analyzed using a qualitative approach. This study shows that the DSN-MUI fatwa has provided additional options for savings and deposit products in Islamic financial institutions, namely wakalah bi al-istismar. Thus, the level of customer needs which is a priority through the addition of various alternative contracts, is expected to be able to attract many customers, especially in the fundraising mechanism in Islamic banking. It's just that the use of the contract does not apply to all fundraising products, but only to certain products that have been determined.

Determinant Factors in Management of Sharia-Based Hotels in Makassar City

This study aims to determine the determinants of sharia-based hotel management in Makassar City. This study used a qualitative approach with a descriptive research type. The data sources in this study are hotels in the city of Makassar that have implemented sharia. The hotels in question are: (1) Al Badar Hotel, (2) Pesonna Hotel Makassar, and (3) JL Star Hotel. The subjects of this study are the managers including: (1) managers/managers and (2) hotel employees. While the research informants were (1) hotel visitors, and (2) the Indonesian Ulema Council (MUI) of South Sulawesi Province. The results of the study reveal that sharia-based hotel management in Makassar has not been fully implemented as a pure sharia-based hotel, only carrying out and running hotels with the concept of sharia-based hotels from the name side. So it can be said that de jure cannot be said to be a sharia-based hotel. Meanwhile, in terms of implementing sharia-based hotels in the city of Makassar, the determining factor is the strong will of managers to implement the concept of sharia-based hotels. Therefore, sharia-based hotel management as required by the DSN-MUI Fatwa No. 108 of 2016, the most important thing as an absolute requirement is that the preparation of the hotel organizational structure must be carried out immediately by incorporating the "Sharia Council" element into the organizational structure.

IMPLEMENTASI AKAD PEMBIAYAAN DI KSPPS BMT AL-ITTIFAQIAH INDRALAYA DALAM TINJAUAN FATWA DEWAN SYARIAH NASIONAL

This research was conducted to find out how the implementation of murabahah and ijarah financing contracts at BMT al-ittifaqiah and their suitability with the fatwa of the national sharia council (DSN). The research method in this study is a qualitative method. The data in this study used primary data through interviews and secondary data through literature studies. The data analysis technique used is data reduction to summarize data from the field and data display for data presentation. The results in the study stated that: (1) Implementation of muraba̩hah and ijarah contracts at BMT Al-Ittifaqiah Indralaya Ogan Ilir South Sumatra has implemented product operational standards that have been regulated by OJK in the established regulations, and (2) Implementation of muraba̩hah and ijarah contracts at BMT Al -Ittifaqiah Indralaya Ogan Ilir South Sumatra has complied with the DSN-MUI fatwa NO.04/DSN-MUI/IV/2000 regarding murabah̩ah and DSN-MUI fatwa NO09/DSN-MUI/VI/2000 concerning ijarah contracts, looking at the mechanism of the procedure for implementing the contract at BMT Al-Ittifaqiah Indralaya Ogan Ilir, South Sumatra.

Comparative Study of Islamic Legal Systems in the Application of the Istishna' Agreement in Indonesia and Malaysia

The provisions in the Qur'an and al-Hadith bind Islamic Contract Law. From the Islamic perspective, contracts are better known by the word Akad. The most significant factor in the increase in profit power in Islamic contract law is obtained from financing agreements. Indonesia and Malaysia, as Muslim-majority countries, provide different arrangements regarding istishna's financing agreement'. Therefore, this legal research aims to compare Islamic legal systems in applying the istishna' agreement in Indonesia and Malaysia based on the DSN MUI Fatwa and the SAC BNM Fatwa. The research method is a doctrinal legal research method with a comparative approach. The results showed that in the application of the istishna' contract in Indonesia and Malaysia, there was no significant difference. The development of istishna' agreements between the two countries from year to year has fluctuated. The number of istishna' financing agreements in Indonesia is higher than in Malaysia.

Musyarakah mutanaqishah Contract Concept: Review of Product Refinancing and Take Over

Musyarakah mutanaqishah is a modified contract from a musyarakah contract that is implemented in Islamic financial institutions as one of their financing products. As for one of the products that accompany it, namely refinancing and transfer of debt (take over). This paper aims to review the musyarakah mutanaqishah concept and its concept in Islamic financial institutions and examine briefly related to refinancing and take over products, these two products are products that cannot be separated from the musyarakah mutanaqishah contract whose implementation in Islamic financial institutions is currently widely used. The approach used in this paper is a normative juridical approach, then the type of research used is qualitative and the method chosen is descriptive analysis research method while the data is collected by literature study. Musyarakah mutanaqishah implemented in Islamic Financial Institutions is in accordance with sharia principles, this is supported by the existing DSN MUI fatwa and refinancing and take over products are also one of the conveniences in applying a musyarakah mutanaqishah contract.

Sharia Compliance on Murabaha Financing in Sharia Rural Banks: A Review of Recent Practices

One of the most significant concerns in the practice of Sharia Rural Banks is Islamic compliance. This is necessary to guarantee that the policies, provisions, processes, and procedures, as well as the Sharia Rural Bank’s (BPRS) business activities, are in accordance with the provisions and Sharia Principles. The aim in this paper is to extensively evaluate whether Sharia rural banks have completely implemented and conformed with Sharia norms and values, particularly when it comes to Murabaha financing practices. It elaborates on the compliance assessment from the initial application of Murabaha to its complete execution. It also explores the BPRS debt settlement plan, which is in accordance with the DSN-MUI Fatwa, and discusses the OJK Policy on the restructuring process during the Covid-19 crisis. The paper used a normative-empirical research method with employing statutory and conceptual approaches. The análysis of data is described in qualitative-descriptive where the data was obtained from library and empirical research. The findings show that, with a few outliers, the DSN-MUI Fatwa and OJK Policy are implemented in the execution of Murabaha contracts at BPRS. Even during a pandemic crisis, when many customers were unable to settle their debts, the bank was compelled to postpone the debt while still adhering to Sharia principles. However, certain features, particularly the application of the Murabaha contract that is preceded by a wakalah contract, are thought to be in contradiction of the DSN-MUI fatwa on Murabaha.

IMPLEMENTATION OF DSN-MUI FATWA ON SHARIA INSURANCE PRODUCTS AT PT. ASURANSI TAKAFUL PALEMBANG BRANCH

Insurance problems do not only stop at transactions, but also at investments. Most of the insurance purchased by the public is actually insurance that contains maysir, gharar, and usury. This means that the money received from the investment received by the customer is also not maintained as halal. It is different from investing in Sharia insurance because there is a Sharia Supervisory Board which ensures that all insurance mechanisms and investment allocations do not conflict with Sharia law. Sharia Insurance Companies are entrusted by the participants to manage premiums, develop in a lawful way, provide compensation to those who experience disasters according to the contents of the agreed agreement deed, based on the characteristics of takafuli, tabarru and mudharabah.This study aims to analyze how the implementation of the DSN-MUI fatwa regarding general guidelines for sharia insurance at PT Asuransu Takaful.This study uses a Qualitative Approach that is related to phenomena that refer to the actions of economic actors, namely humans who act around economic phenomena as well as in consumption, production and distribution with all kinds of transaction derivatives and their interactions. The research results show thattabarru funds that has been collected is managed by the company on the basis of wakalah through insurance invested in various sharia investment instruments so that the funds are more productive. The results of the tabarru' investment are actually purely the rights of the participants, while the insurance company can obtain profit sharing from the investment through a tijarah contract. Companies can also benefit from wakalah bil ujrah contracts. This is in accordance with the DSN MUI fatwa No.DSN-MUI No.21/DSN-MUI/X of 2001 concerning General Guidelines for Sharia Insurance

Analysis of the Application of the Maslahah Concept in DSN MUI Fatwa in the Sector of Sharia Economics and Finance


 The purpose of this study is to analyze the Application of the Maslahah Concept in DSN MUI Fatwa in the Sector of Sharia Economics and Finance. The concept of maslahah, or public interest, is a fundamental principle in Islamic jurisprudence that is also applied in the fatwas issued by the Indonesian Council of Ulama's (MUI) Shariah Supervisory Board (DSN). The application of the maslahah concept in DSN MUI's fatwas is crucial to ensure that the decisions made are in the best interest of the Muslim community and promote the well-being of society. Research method is Library research refers to the process of searching for and analyzing information in a library setting. This can involve searching for books, articles, and other sources of information related to a specific topic or research question. Result of the research maslahah concept is applied in DSN MUI's fatwas is by considering the broader societal impacts of a particular issue or problem. For instance, in the context of Islamic finance and banking, DSN MUI has issued fatwas that aim to promote financial stability, economic growth, and social justice. This is achieved by ensuring that Islamic financial institutions adhere to Shariah principles and avoid practices that are harmful to society or the environment. Moreover, the maslahah concept is also used to address new issues and challenges that arise in modern society. For example, DSN MUI has issued fatwas on digital currencies and e-commerce that take into account the unique characteristics of these new technologies and how they can be used to promote the well-being of society while adhering to Islamic principles..
 Keywords: DSN MUI; Mashlahah; Sharia Economic; Finance; Fatwa.

Buying and Selling Gold in Cashless Perspective of Sharia: DSN-MUI Fatwa Study No. 77 Year 2010

DSN-MUI Fatwa No. 77/DSN-MUI/V/2010 concerning buying and selling gold in cash which was issued on June 3 2010, DSN-MUI states that buying and selling in cash is permissible (mubah), as long as gold does not become the official medium of exchange (money), either through ordinary buying and selling or buying and selling murabaha. It is interesting to study the reason for this fatwa being issued and the suitability of the legal advice of the DSN-MUI with the legal advice of the MUI in issuing this fatwa. This research is a type of library research using a descriptive analysis approach. In this study it can be concluded that: the reasons for the permissibility of buying and selling gold in cashless manner in the DSN-MUI fatwa No. 77/DSN-MUI/V/2010, DSN-MUI interprets the Hadith of the Prophet SAW regarding buying and selling gold in a contemporary (contextual) way. This can be seen from the opinion of the DSN-MUI which states that gold and silver are goods (sil'ah) that are sold and bought like ordinary goods, and no longer saman (price, money). So that the result of the DSN-MUI's legal advice on buying and selling gold in cash is considered permissible (mubah).