Fiqh Muamalat Research Articles

Consumer Boycott: The Effect of Religiosity and Consumer Attitudes

One way for customers to express their distaste or dissatisfaction with a business or nation due to unethical actions is through a boycott. Despite the significant increase in consumer boycotts, marketing has paid little attention to consumer boycott involvement. The value-attitude-behavior model serves two purposes: firstly, it evaluates the effect of religiosity on consumer attitudes that lead to boycott involvement, examining this relationship from both a traditional viewpoint and the perspective of Fiqh Muamalat. Secondly, it aims to investigate the role of consumer attitudes as a mediator between religiosity and boycott involvement. The sample consists of 330 Malaysian consumers. Data were acquired via an online survey and analysed using partial least squares structural equation modeling in SmartPLS version 3.2.9. According to the findings, both religiosity and consumer attitudes have a positive effect on boycott involvement, with consumer attitudes mediating the relationship between religiosity and boycott involvement. This study has contributed greatly to the theory and practice of boycotts from both conventional aspects and from an Islamic perspective. As a result, from a theoretical standpoint, this study contributes to the existing literature on boycott involvement and enhances understanding regarding how religiosity affects boycott involvement. As a result, religiosity has a positive impact on boycott involvement, aligning with Muamalat principles. Consumer attitudes act as mediators, emphasizing ethical and religious concerns over economic action. Furthermore, legislators and business owners should be attentive to consumers' religious beliefs to avoid unfairly boycotting user involvement.

Improving Literacy of Fiqh Muamalah and Islamic Economics Through Community-Based Research Method

This KKNT was held in the month of Ramadhan 1445 H on 16-30 May 2024 in collaboration with the management of Al Istiqamah Mosque (BKM) in the BDSN complex Tangga Batu 1 Village, Kec. Permaksian, Kab. Toba, North Sumatra. Based on prior observation, research, and interviews, several problems were identified namely the lack of literacy in fiqh muamalat knowledge and the lack of teachers who teach children the subject of Arabic language, tahsin and tahfidh and the Koran. These problems need to be resolved by conducting programs. The method used was community-based research (CBR). The result of this community service shows that the number of communities who attended the sermons was still below expectations while the participation and enthusiasm of children in the subjects of Arabic language, tahsin and tahfidh, and the Koran was very high. This community service is expected to enhance the community literacy of fiqh muamalah and Islamic Economics. It is suggested that community awareness in learning religious knowledge must be improved to increase their participation.

Sharia Actualization: Realizing the Indonesian Islamic Jurisprudence

Sharia is intertwined with fiqh. In English terminology, Sharia is translated as “Islamic law based on the Quran.” In the context of reforming Islamic law in Indonesia, the method of talfiq is needed, selectively choosing opinions that align with the conditions in Indonesia. It is believed that the Islamic legal tradition, in terms of formation, reform, or legal development, is closer to the Anglo-Saxon legal system known as precedent law. This is because Muslims fully accept that all the dogma, principles, and Islamic sharia are already perfected in the Quran and the Sunnah of the Prophet. The question at hand is how these legal texts can be guaranteed to remain relevant and capable of meeting the needs of all times, places, cultural contexts, and social levels. This study delves deeper into the Sharia within the Contemporary Era, relating to the Typology of Islamic Legal Reform Actualization and the Application of Islamic Law in Indonesia. The research is a literature study, focusing on the examination of figures and the object of study, which is Sharia in a modern context. This study employed a qualitative approach to analyze the Typology of Islamic Legal Reform Actualization and the Application of Islamic Law in Indonesia. The dynamics of Islamic law in Indonesia are expected to continue evolving and innovating so that in the future, Islamic law with universal value will not only pertain to the realm of fiqh muamalat (transactions) and akhwal sakhsiah (personal matters) but will also contribute positively to the development of national law in Indonesia in various aspects.

DEVELOPING A HAWALAH MODEL FOR ISLAMIC CAR FINANCING SETTLEMENT

As revealed by Malaysia’s bankruptcy statistics between 2019 until May 2023 , around 11.05% of bankruptcy in Malaysia is due to default of vehicle loan. This has led to the tightening up of vehicle loan underwriting and increased vehicle loan rejection rates. This paper attempts to solve this problem by proposing an Islamic contract transfer of debt; al-Hawalah as an alternative to reduce the number of defaulters in Islamic car financing. This study is an exploratory research using content analysis from the secondary data by observing on two aspects: car financing insolvency data and the Hawalah contract. In fiqh muamalat, ḥawālah refers to the transfer of financial liability from one debtor to another that would free the initial debtor from any debt (Kureshi and Hayat, 2014). This study is expected to come out with a Hawalah model for car financing settlement in Islamic bank.

Viral Marketing and Paid Review Issues in Internet Marketing: A Study From The Lens of Fiqh Muamalat

Viral Marketing and Paid Review Issues in Internet Marketing: A Study From The Lens of Fiqh Muamalat

Danielson Teaching Framework as Game Changer for Teaching Fiqh Muamalat: A Way Forward

Danielson Teaching Framework as Game Changer for Teaching Fiqh Muamalat: A Way Forward. Objective: This research examined the effectiveness of Danielson teaching framework to evaluate Fiqh Muamalat’s teaching classes across 3 higher learning institutions in Kelantan. The framework covered 4 aspects of teaching; a) planning and preparation, b)classroom environment, c) instruction, and d) professional responsibilities. Methods: Across these 4 aspects of teaching, 44 items was used to collect data from 313 students. To answer the survey, the quantitative descriptive and correlational design were employed. Findings: Research findings indicate that the construct mean for (a) planning and preparation is 2.06, (b) classroom environment is 2.75, (c) instruction is 2.64, and (d) professional responsibilities is 1.97. Conclusion: DTF can be used as a good teaching evaluation framework to see teachers’ effectiveness because of its comprehensiveness and coverage. Also, based on the DTF dimensions, more improvements and studies should be conducted to ensure students’ success, in relation to understand complicated content like Fiqh Muamalat. Keywords: Danielson teaching framework, fiqh muamalat, Islamic education, pedagogy, teaching supervision. Abstrak: Kerangka Pengajaran Danielson sebagai Game Changer untuk Pengajaran Fiqih Muamalat: Suatu Langkah Kedepan. Tujuan: Penelitian ini menguji efektivitas Kerangka Pengajaran Danielson untuk mengevaluasi Pengajaran Fiqh Muamalat di 3 perguruan tinggi di Kelantan. Kerangka tersebut mencakup 4 aspek pengajaran; a) perencanaan dan persiapan, b) lingkungan kelas, c) pengajaran, dan d) tanggung jawab profesional. Metode: Dari 4 aspek pengajaran ini, 44 item digunakan untuk mengumpulkan data dari 313 siswa. Untuk menjawab survei, desain kuantitatif deskriptif dan korelasional digunakan. Temuan: Hasil penelitian menunjukkan bahwa rata-rata konstruk untuk (a) perencanaan dan persiapan adalah 2,06, (b) lingkungan kelas adalah 2,75, (c) pengajaran adalah 2,64, dan (d) tanggung jawab profesional adalah 1,97. Kesimpulan: DTF dapat digunakan sebagai kerangka evaluasi pengajaran yang baik untuk melihat efektivitas guru karena kelengkapan dan cakupannya. Juga, berdasarkan dimensi DTF, lebih banyak perbaikan dan studi harus dilakukan untuk memastikan keberhasilan siswa, terkait dengan pemahaman konten yang rumit seperti Fiqih Muamalat. Kata kunci: kerangka pengajaran Danielson, fiqih muamalat, pendidikan Islam, pedagogi, supervisi pengajaran. DOI: http://dx.doi.org/10.23960/jpp.v13.i1.202301

Thematic Analysis of Shariah Principles in Digital Advertising: A case study of traditional medicine marketing

This study examines the application of shariah principles related to the current practice of social media advertising. This study specifically examines the marketing practice of traditional medicine. This qualitative study employs thematic content analysis using ATLAS. ti 22, conducted in three stages: open coding, classification, and theme generation to answer the research objectives. This study highlights the five themes of principles in social media advertising that serve as the primary indication of regulatory control in the marketing of traditional medicine products that do not violate the principle of fiqh muamalat, the purpose of which is to safeguard consumer rights.

An Analysis of Shopee Pay Later Transactions Based on the Qard Theory

The Shopee application offers a 'pay later' payment mode known as Shopee Pay Later (SPL) and features four payment options, which are buy first and pay the total price of the goods purchased at a later date or payment made in installments over two, three or six months with accompanying charges. This transaction raises the question of whether SPL complies with the Qard Theory in fiqh muamalat. This is because qard is a loan that needs to be repaid to the creditor without any additional payment or charges. Therefore, this study aimed to study the 'pay later' buying and selling method based on the Qard Theory. This qualitative study used the document analysis method involving documents, such as books, articles, journals, newspapers and so on as well as the Federal Territory Fatwa for examining the SPL method. Data were then analyzed using the descriptive analysis method. Results of the study show that the SPL method is not permitted in Islam because the charges involved are deemed to be a form of usury (riba). This is because the 'pay later' method is not in accordance with the Qard Theory in Islam. This study provides knowledge to Muslim Shopee users about payment methods that are permitted and those that are prohibited in Islam.

SDGs and Islamic Studies: Fiqh Muamalat, Sustainable Development, and Maqashid Asy-Syari’ah

Sustainable development Goals (SDGs) are a form of development, or even a further form of the Millennium Development Goals (MDGs). The SDGs, which contain 17 Goals and 169 Targets, are a global action plan for the next 15 years (effective from 2016 to 2030), to end poverty, reduce inequality and protect the environment. This discourse on SDGs is a global discourse, Muslims, as a part of the global order, are also part of this discourse. In the SDGs discourse as a global discourse, the SDGs need to be studied through Islamic studies. This paper tries to portray how the SDGs are studied through Islamic studies, especially in relation to the scientific discipline of fiqh. This study is considered necessary because fiqh is often considered as something final and sacred, while the SDGs are something “new” and dynamic. This paper tries to find a meeting point between fiqh as an Islamic study, and the SDGs as a global discourse. The results in this paper show that fiqh, as a scientific discipline, also has future-oriented dimensions through empirical evidence in classical fiqh literature and empirical evidence in the form of developing a methodology for finding Islamic law (fiqh). In addition, SDGs can be proposed as the main theme for the benefit of mankind as a benchmark and measuring instrument to measure the level of achievement of Maqashid Ash-Shari'ah in the contemporary era.

Ujrah Pembaca Al-Qur’an Pada Tempat Pemakaman Desa Keude Blang Aceh Timur Perspektif Fikih Muamalat

This article examines the ujrah of Al-Qur’an readers at the public cemetery of Keude Blang village, East Aceh, from the perspective of muamalat fiqh. The author uses the muamalat fiqh theory. From the results of research in Keude Blang Village, East Aceh, it can be concluded that the ujrah for renting a Quran reader at the Public Cemetery has been practiced since time immemorial and for ujrah itself the tariff has been set at IDR 300,000 per day for one person and in Keude Blang it has also been formed a special group of readers of the Koran as many as 6 people in one group. In fiqh muamalat, it is permissible to rent an Al-Qur’an reader, but it is necessary to understand that reading the Koran is an act of worship and not having the intention of reading the Koran is a profession to earn money and instill a sense of sincerity in the heart without expecting anything in return. From humans but does this to worship and help fellow Muslims and considers the ujrah given to the readers of the Koran in public cemeteries as alms.

ISLAMIC BANKING SYSTEM IN THE SULTANATE OF OMAN FROM THE PERSPECTIVE OF BANKING OFFICERS EMPLOYEES AND CUSTOMERS

This research aims to determine the viability for the operation of Islamic banks within the Omani banking system. By looking into various opportunities for Islamic banking in Oman and given the unique rules on transactions (fiqh muamalat) of Islamic banking based on the Shariah precepts or the so-called Islamic law. As the establishment of small and medium enterprises (SMEs) is rapidly growing in Oman, many SMEs can draw support from Islamic banks. The study used a mixed method approach to answer the research questions. Do the participants patronize Islamic banking over conventional banking?. The study compared both conventional and Islamic Banking. The population of the study represented bank officers, bank employees and customers. The sample of the study (n=100) participated in the survey. Another selected sample participated in interviews. Findings revealed different views over Islamic banking. Islamic banking is careful to provide products and services. Also, they are found to be capable of offering products and processes that answers the need of certain aspects with a risk management framework that is distinct from what normal banking provides. The study findings support the need for Islamic banking systems as it would be easier to spread Islamic banking and financing.

Review of Knowledge Framework and Conceptual Structure of Islamic Banking

Islamic banking is a multidisciplinary field that integrates banking and fiqh muamalat using mathematical, statistical, computational, and economic models. Islamic banking is dependent on the development of Islamic financial transactions for its growth. Islamic banking applications in are emerging not only as means of enhancing financial results but also as means of enhancing the sustainability and productivity of the economy. This paper aims to conduct a comprehensive systematic bibliometric analysis of Islamic banking literature. It starts by finding 3,285 documents published in the Scopus database from January 1983 to October 2021. This paper, using bibliometric analysis, describes the most significant literature, denotes the related discipline fields, and offers insight into the existing research patterns and possible future trends in Islamic banking. The financial crisis has revolutionised Islamic banking as an interesting alternative to the fragile current banking system. The findings establish a solid grounding for future research in the field of Islamic banking.

TINJAUAN PRINSIP SYARIAH PRODUK UANG ELEKTRONIK DI INDONESIA: STUDI KASUS PADA PRODUK E-MONEY BANK SYARIAH MANDIRI

The issue raised in this research is to discuss an evaluation of the sharia principles of electronic money (called E-Money) product owned by Bank Syariah Mandiri towards the operational mechanisms encompass transaction, flow, contract and managerial aspects of this product. This study aims to analyze E-Money product from a sharia perspective using the benchmark of fiqh muamalat which has been contained in the DSN-MUI fatwa, and related laws and regulations. The method used in this research is descriptive qualitative research. By using the method of content analysis and using interviews, involved observation, this research uses documentation study as the data collection technique. The conclusion from the writing of this thesis is that from a review of sharia principles, there are sharia problems in the aspect of the contract, this is because this product does not have a contract nomenclature in product operations that creates ambiguity (Gharar), as well as from the transaction aspect because the bank does not restrict or control goods which are sold by merchants in collaboration with banks, so it is feared that they can be used to buy non-halal goods.

Analisis Jaminan Dalam Akad-Akad Bagi Hasil (Akad Mudharabah dan Akad Musyarakah) Di Perbankan Syariah

This research is entitled Analysis of Guarantees in Profit Sharing Contracts (Mudharabah and Musyarakah contracts) in Islamic banking. This research was conducted with the aim of analyzing the guarantees contained in profit sharing contracts including the Mudharabah contract and the Musyarakah contract in Islamic Banking. This article research uses a normative approach. The normative approach is used for research from the perspective of fiqh muamalat regarding the position of the guarantee in the profit sharing contract. From this research it can be concluded that basically there is no guarantee for profit sharing contracts, such as mudarabah and musyarakah, except as a guarantee of the possibility of moral hazard being carried out by the contract partners. In practice, Islamic financial institutions, especially Islamic banking, always withdraw material guarantees for the profit sharing contracts they cover with their partners (customers). However, it must be remembered that the withdrawal of the material guarantee must be limited to cases where there is a loss due to unlawful acts, negligence or default by the customer. In the event that the loss occurs beyond the customer's fault, negligence or breach of contract, the guarantee may not be executed.

The role of maqasid al-Shariʿah in applying fiqh muamalat into modern Islamic banking in Malaysia

Purpose This paper aims to explore the practical role of maqasid al-Shari’ah in applying fiqh muamalat to the reality of modern banking practices. As the modern financial environment is complicated and not too conducive for Islamic banking operations, a special approach based on maqasid al-Shari’ah is needed to harmonize between revelation and reality. Design/methodology/approach The data of this study are obtained through literature and empirical data. As for the empirical, the exploratory qualitative approach is applied in which three members of the Shari’ah Advisory Council (SAC) of Bank Negara Malaysia (BNM) as well as three Shari’ah committees (SC) of Islamic Finance Institutions are selected as interviewees. As a result, several themes are defined from the interview data before they are analyzed based on the concept of maqasid al-Shari’ah. Findings The findings reveal that several practices are prevalent in developing Islamic banking products, including replicating conventional products to be Islamic ones, imposing wa’ad (unilateral promise) to strengthen the combination of different contracts into one product, and adopting floating rate with ibra’ (rebate) for financing price, which are needed to sustain this industry in modern financial system. In this regard, maqasid al-Shari’ah is applied to reconcile between rulings in fiqh muamalat and banking environments, so that these rulings can be adopted pragmatically without compromising Shari’ah principles. Research limitations/implications This study has its limitations, as it focuses on the extent of the role of the maqasid al-Shari’ah in Islamic banking operations, excluding other segments of Islamic finance such as Islamic capital markets and Islamic insurance. Moreover, as data are collected from only six interviewees from SAC and SC of Malaysia, the results cannot be represented for the whole Islamic banking practices of this country. Practical implications This study provides several policy recommendations regarding the practice of the maqasid al-Shari’ah in Islamic banking. These may be useful for all Islamic finance players, including regulators and bankers in introducing policies and products in this area. Social implications This study has the potential to enhance the confidence of the Muslim community, particularly in Islamic banking to support its existence and practices. The impact of such optimism will lead to an increase in demand for Islamic banking products, hence encouraging Islamic banking to sustain and update its activities in line with maqasid al-Shari’ah. Originality/value This paper offers a practical approach as regards to how the maqasid al-Shari’ah can play a significant role in sustaining the Islamic banking industry, particularly in circumstances that are not favorable to its progress. It is indispensable to prevent the Islamic rulings from being diverted in the name of human well-being and to avoid basing them on a literal textual approach. Moreover, as it provides empirical studies on the issue of replication, wa’ad, floating rate and ibra’, the discussion on this subject becomes more practical.

Analisis Penyelesaian Tindakan Side Streaming pada Pembiayaan Murabahah dalam Perspektif Fikih Muamalah di BRISyariah KC Jombang

This research aims to analize the completion of side streaming actions on murabahah financing at BRISyariah KC Jombang and its review of fiqh muamalat. The method of this research used fiqheconomic approach with descriptive normative data analysis. Data field finding about the completion of side streaming were analyzed with refers to fiqh muamalat law. The results showed that the completion of side streaming actions on murabaha financing at BRISyariah was carried out in a persuasive way with administrative control. In the fiqh muamalat study, side streaming made a contract into fasakh. The solution of fasakh contract due to the side streaming is by changing the contract or re-contract. Practically, the completion of side streaming at BRISyariah KC Jombang has not fully accordance with fiqh muamalat because there is still not achieving the purpuso of the contract.

Competency model for Shari’ah auditors in Islamic banks

PurposeThe purpose of this study is to identify the competencies required of Shari’ah auditor (SAR) in the Islamic banking environment.Design/methodology/approachA qualitative approach using a multiple-case study through the semi-structured interview was used. Data was gathered from a representative of Central Bank of Malaysia, and 30 other respondents consist of the Head of Shari’ah audit (HSA) and SAR from four types of banking institutions. A focus group discussion was later conducted to validate the model of competency proposed.FindingsResults show a mixed practice on the recruitment of SAR. Most banking institutions prefer to use their existing internal auditors as opposed to recruiting fresh graduates or acquire experienced SAR from other financial institutions. Knowledge in Shari’ah, Islamic banking and Fiqh Muamalat is considered as the essential knowledge component for SAR, while auditing is revealed as the core skill that SAR should have to perform the Shari’ah audit effectively. The study also found that personal skills such as willingness to learn and teamwork as the complementing characteristics to the knowledge and skill components, as a package required for a competent SAR.Research limitations/implicationsThe results of this study would have both theoretical and practical contributions to the regulatory bodies, academicians and professionals. Theoretically, this study made a concerted effort to enhance prior studies on the qualification aspect of Shari’ah audit literature, emphasizing the elements necessary to recruit competent SARs in the Islamic financial institutions (IFIs). The element of “time” has been infused to the existing effective job performance theory add dynamics to the model, recognizing the need for years of experience as part of elements necessary to become competent SAR. In practice, the competency model is recommended to the industry players in pooling competent talents in the Islamic finance industry (R4) and (B5). In spite of its limitation to confine only to the IFIs, it sheds light on human resource management within the Islamic organizations.Practical implicationsThe study would contribute to the practitioners as a guideline to the Human Resource Department in recruiting their SAR and also for succession planning purposes.Originality/valueA competency model for SAR was proposed focusing on building knowledge, core and personal skills that can be used as guidance in determining the criteria needed for a competent SAR, which is a new dimension for Islamic auditing literature. The sub-objective of determining the elements of competency, as well as understanding the current practice of recruiting the SAR became the input in the building of the competency model.

Fungsi Dan Tanggungjawab Kakitangan Bukan Syariah Dalam Pengurusan Risiko Syariah: Kajian Terhadap Praktis Syarikat Takaful di Malaysia (Functions And Responsibilities of Non-Shariah Staff In Shariah Risk Management: A Study of Malaysian Takaful Companies)

Basically, shariah risk management in the takaful industry is responsible to those specialize in shariah studies (fiqh and usul, fiqh muamalat) namely Shariah Committee (SC) of Takaful Operator and Internal Shariah Department of Takaful Operator. Nonetheless, non-shariah staff, other than SC and Internal Shariah Department of Takaful Operators, also play an important role in managing shariah risk exposures in the operations of Takaful Operator. According to section 29 (3) Islamic Financial Services Act 2013 (IFSA 2013) which states that the Chief Executive Officer and Officer including any of the staff of the Takaful Operator are responsible for ensuring shariah compliance in the operation of Islamic financial institutions. Therefore, this study will analyze a using qualitative approach by interviewing respondents who are involved with the operations of takaful companies in Malaysia. Primary data from the takaful industry is analyzed using coding, memo, inductive and deductive processes using the Computer Assisted Qualitative Data Analysis Atlas.ti 7. The purpose of this research is to identify the roles and responsibilities of non-shariah staff in managing the shariah risk exposures of the Takaful Company in Malaysia. The secondary objective is to analyse and suggest an improvement for competency non-shariah staff in strengthening the shariah risk management of the Takaful Operator. This study found that non-shariah staff, especially front-line staff who are the first party to identify when there are shariah risk exposures in the operations of Takaful Operators. Subsequently, the underwriting staff is the second party to identify if there is any shariah risk exposures in the application of a new takaful contract. Then, the roles and responsibilities of investment-linked personnel staff, risk management staff and also Chief Executive Officer (CEO) of the Takaful Operator who are the non-shariah staff that involved in shariah risk management.

KONSEP RUKSHAH DAN IMPLEMENTASINYA DALAM HUKUM PERNIKAHAN

This study will focus on answering the following problems: How does the concept of concession according to scholars of usul fiqh (ushuliyyûn)? How does the concept confirmed by maqashid sharia Islamic rulings? How to apply concession in marriage rulings? This research is a descriptive qualitative research that seeks to uncover the circumstances that are natural in a holistic manner. Problems and facts will be illustrated by description, then analyzed to obtain a complete picture of the issues to be studied. In accordance with the object of study, the research also included the type of library research. Urgency of usul fiqh research cannot be denied in the study of Islamic sciences. Therefore, it is important to continue this kind of research focusing on the implications of the study confirmed in the field of jurisprudence, particularly in fiqh jinayat and fiqh Muamalat.

Profit-Taking Rate Guideline Based on Fiqh Muamalat Perspective

The absence of profit-taking rate guideline in Islam has caused misunderstanding and manipulation among sellers or businesspersons who deliberately take advantage by charging an excessive profit rate. Consequently, it has increased burden to customers in term of purchasing power as well as has raised the price of goods. Based on the issue, this study aimed to investigate profit-taking rates from muamalat perspective. The methodology of the study is qualitative, in which datas and informations were collected through literature studies and then scrutinized using content analysis. The findings of this study show that profit-taking standard rates are based on local customs, such as double of the capital. The study discovered that government can control the price of goods and rate of profitability taken by entrepreneurs in order to stabilize the price of goods in the market and avoid any kind of manipulation activities. The findings also show that profit-taking guide follows the half, double, or triple profit-taking rate based on facts of the additional costs incurred. Hence, if profit-taking activities is multiplied extra than the normal standard, it can lead to the implication of ad’afan muda’afah. The results of this study are also supported by concrete support methods, comprising maqasid al-syariah, wasatiyyah, and ihsan.