Ijarah Contract Research Articles

TINJAUAN KOMPILASI HUKUM EKONOMI SYARIAH TERHADAP PRAKTIK SEWA KAMAR PADA PENGINAPAN WISMA TAMU AL-ISHLAH MA’HAD AL-ZAYTUN

According to the Compilation of Sharia Economic Law (KHES), leasing (ijarah) is defined as the rental of goods for a specific period with required payment. In the context of lodging, a room is a facility provided to guests as a place for rest. This study aims to examine the room rental practices at Wisma Tamu Al-Ishlah Ma’had Al-Zaytun and assess its compliance with the KHES regulations. The research adopts a qualitative approach with data collection techniques including interviews, observations, and documentation. Primary data was obtained through interviews and observations, while secondary data was gathered from relevant documents and records. The results of the study show that (1) the room rental practices at Wisma Tamu Al-Ishlah are implemented through upfront payment at check-in, a deposit, and final payment at the end of the rental period as per the agreement between the inn and the guest; (2) according to KHES, the room rental practices at Wisma Tamu Al-Ishlah can be categorized as an ijarah contract, in which the inn provides rooms for rent and guests are required to pay the agreed-upon rate at the outset.

Analisis Akad Ijarah Tanah Kas Desa Bulusari Kecamatan Gempol Kabupaten Pasuruan dalam Perspektif Fikih Muamalah

Village cash land is land given to the village government to be managed as one of the village's original sources of income aimed at social interests in village development in improving community welfare. Various ways can be done by the village government to manage village cash land, one of which is through leases. The Bulusari Village Government utilizes village cash land by building shophouses in the Village Market which are then rented to the community. This study aims to determine whether the application of the Bulusari village cash land ijarah contract is in accordance with the principles of muamalah jurisprudence. This research uses field research methods with a qualitative approach because the author goes directly into the field to get information directly from informants. The results showed that the practice of leasing village cash land was in accordance with the principles of muamalah jurisprudence. Aspects such as clarity of the object of the contract (land), rental price agreement, and lease period have been well fulfilled in accordance with Islamic law. The application of ijarah contract on the cash land of Bulusari village helps improve the community's economy, so that the welfare of the community has increased.

Fostering the Ummah's Economy Through the Stockinvestment System: The Views of the Mui for Sustainabledevelopment Goals (SDGS)

Purpose: This study aims to investigate the role of the stock investment system in fostering the people's economy, focusing on the views of the Indonesian Ulema Council/ Majelis Ulama Indonesia (MUI) on its contribution to the Sustainable Development Goals (SDGs). This study also aims to identify factors that support or hinder the implementation of the stock investment system in the economic context of the people in PT Suryamu. Theoretical Framework: This study uses the Islamic economic framework and principles advocated by the Indonesian Ulema Council (MUI). The stock investment system is seen as a potential instrument to promote people's economic participation and support sustainable economic development, in accordance with Islamic values that prioritize justice, transparency, and common prosperity. Methods: The data in this study was collected through the analysis of fatwa documents or guidelines issued by the MUI related to stock investment, as well as related literature studies. The collected data were analyzed thematically to identify key patterns and significant findings. This research is a type of field research using a qualitative approach, where the data will be analyzed with the fatwa of the National Sharia Council of the Indonesian Ulema Council NO: 135 / DSN-MUI / V / 2020 concerning stocks. Results and Conclusion: The results of this study show that: 1) There is clarity of the contract at the beginning of the transaction, investors use the shirkah contract, some investors are chosen to be representatives of several investors using the wakalah bil istitsmar contract and the employees who work according to the work contract set by the company use the ijarah contract. 2) The parties who are associated are Muhammadiyah investors who already have a Muhammadiyah membership card as a condition to invest their funds in PT Suryamu. 3) The object of the contract is in the form of shares in the form of letters whose initial value of shares per share is Rp 100.000,-. From the point of view of the fatwa of the National Sharia Council of the Indonesian Ulema Council NO: 135/DSN-MUI/V/2020 regarding shares is by the criteria set by the fatwa. Research implications: The Company's stock investment meets sharia criteria with well-managed potential risks. So the implications and recommendations are to continue taking investment. Originality/value: Research on sharia stock investment with the fatwa approach of the Indonesian ulema council is very unique, specially studied in companies that carry out the concept of sharia.

Jual Beli Buket Uang Perspektif Hukum Islam

This research aims to analyze the practice of buying and selling money bouquets at Alfia Bouquet, Kediri Regency and reviewing its conformity with Islamic law. Money bouquets, the creation of strings of money in the form of a bouquet, are increasingly in demand among young people. This research uses a qualitative descriptive method with a literature review design. The research results show that buying and selling cash bouquets at Alfia Bouquet Kediri can be done via social media or directly at the point of sale. This transaction uses an ijarah contract, where the buyer selects the desired item and the seller clarifies the product details and payment procedures. Payment can be made in advance with a down payment, directly when the goods are delivered, or via transfer. Even though it involves three transaction models: the buyer gives money for the bouquet, the seller includes money in the bouquet with a fee based on the number of pieces, and a blended fee, this practice is considered in accordance with sharia principles. Although there are concerns regarding usury and waste, as well as regulations, these transactions are generally considered halal because what is traded is the bouquet as a commodity, not the currency itself.

Fuqaha’s Perspective on Ju’ala Contract and Its Application in Bank Wakaf Mikro in Indonesia

The understanding of the ju'alah contract in Islam has been a focal point of debate and analysis in fiqh literature. Ju'alah, as a form of promise to provide compensation for tasks or work performed, holds significant implications in Sharia finance practices, including Bank Wakaf Mikro. From the perspective of scholars, there are various views regarding the legal principles and implications of the ju'alah contract, often reflecting differences among schools of thought. This diversity of opinions raises questions regarding the pillars, conditions, and legal implications of ju'alah transactions. The objective of this study is to delve deeper into scholars' comprehension of the ju'alah contract, its distinctions from the ijarah contract, and its application in Bank Wakaf Mikro in Indonesia. In this study, a qualitative approach is utilized, employing a descriptive-analytical method, where data is obtained through library research methods. The research findings indicate that the arguments presented by the Maliki and Syafi'i scholars regarding ju'alah appear to be stronger due to being grounded on more solid reasoning, both in terms of evidence and societal needs. Furthermore, in analyzing the practices of Bank Wakaf Mikro, conformity with the principles of the ju'alah contract is found, both in terms of its pillars and conditions. Among the various scholars' opinions on the ju'alah contract, it is evident that the Syafi'i scholars' views are more aligned with the practices carried out by Bank Wakaf Mikro support programs.

Revitalization of Ijarah Agreements in Islamic Banking Service Products

The revitalization of the ijarah contract is urgently needed by the community so that the community not only uses the classic ijarah contract in daily life but can use the ijarah contract that has been revitalized in modern times, such as the muntahiyah bi al-tamlik ijarah contract and multi-service ijarah contract, so that more service products can be produced from the ijarah contract, and can make the community more empowered by the continuous development of the times. This study aims to explain ijarah contracts that have undergone revitalization so that they can be used more by the community, to develop the service products used. So the problem in this study is "What are the forms of the revitalization of ijarah contracts in Islamic banking service products." To find the answer to this question, the research method uses qualitative research, the type of research library research, and the nature of analytical descriptive research. The findings in this study are that there has been a revitalization of ijarah contracts in service products in Islamic banking, such as ijarah muntahiyah bi al tamlik and multi-service ijarah contracts. If this contract is maximized both in products and their use, it will be very profitable and convenient to get, both from the service provider and the community.

Analisis Dana Talangan Pendidikan dalam Perspektif Ekonomi Islam: Studi Kasus Dana Cita Universitas Pelita Bangsa

The aim of this research is to analyze the costs of education funds at Dana Cita, Pelita Bangsa University. The research method used is descriptive qualitative research. Primary data sources were obtained through interviews with Dana Cita. The results of this research indicate that the application of funding for education funding is using a qardh ijarah agreement. Talang funds are a form of multi-service transaction through the use of an Ijarah contract which is based on an agreement between the bank and customer financing and requires customer financing to pay off debts and obligations. This educational savings fund product is a product that makes things easier for customers, where this product is a solution for customers who have difficulty paying fees for their children to continue their studies or complete their studies.

Analysis of Gold Pawn in Indonesia: A Comparative Study between DSN-MUI and AAOIFI

The development of sharia-based products in Indonesia have been increasingly rife, one of the most growing is rahn/Islamic pawn. Basically, a pawn contract is a type of tabarru’/voluntary contract which does not generate profit, however there are many Islamic financial institutions that offer pawn products especially gold pawn product. This research aims to analyze the comparison between the AAOIFI and DSN-MUI in the provisions regarding gold pawn contract. This research is a type of literature study using descriptive qualitative approach. The finding of research is that there are similarities and differences between both AAOIFI and DSN-MUI in the provisions regarding gold pawn contract. The most salient difference is that the Fatwa of DSN-MUI allows the Islamic financial institutions as the mortgagee to charge to the mortgagor some fees for safekeeping and maintenance of the mortgaged asset through ijarah contract, which make the gold pawn contract become profitable for the mortgagee. Unlike in the AAOIFI Shariah Standard which does not give the mortgagee a chance to obtain profit from this contract. Keywords: Rahn, Gold Pawn, AAOIFI, DSN-MUI

Pelaksanaan Eksekusi Objek Jaminan Gadai dengan Akad Rahn di Pegadaian Syariah Cabang Babakan Surabaya

Sharia-compliant pawn transactions are conducted between the rahin (pawn giver) and the murtahin (pawn receiver) through a rahn contract. This contract involves holding assets as collateral for a debt. The loan must be accompanied by collateral of economic value with legitimate ownership, in accordance with DSN-MUI Fatwa No. 25/DSN-MUI/III/2002. In addition to the rahn contract, Pegadaian Syariah also uses the ijarah contract for the maintenance and storage of the collateral items. Debt repayment at Pegadaian Syariah is limited to 120 days, with the option to extend the contract. This study aims to understand the execution of pawned collateral and identify the challenges and their solutions. An empirical juridical method is used, employing conflict and stratification approaches. The results show that the execution is carried out through auctions in three stages, with five identified challenges and corresponding solutions, in accordance with the regulations at Pegadaian Syariah Cabang Babakan Surabaya.

Analisa Etika Bisnis Islam Terhadap Praktek Sewa Menyewa Kamar Kost

In general, renting out boarding rooms is a component of the corporate world, which is expanding significantly across all industries. The purpose of this study is to ascertain the regularity of boarding room rentals. Find out how muamalah fiqh analysis relates to the practice of renting daily boarding rooms in Mekar Baru Village, Kota Kisaran Barat District, Asahan Regency is the formulation used in this research. In addition, a review of muamalah fiqh regarding the practice of renting boarding rooms that are still in the first party tenancy period in Mekar Baru Village, Kisaran City District, and a problem formulation regarding the status of boarding room utilization factors during the rental period in Kota Kisaran Barat District, Asahan Regency are addressed in this research Asahan Regency, West.All data or references that have been collected are analyzed and rearranged, and in this case, rental practice uses a descriptive analytical approach. The study's findings suggest that it is against Islamic law and the terms of the ijarah contract for certain locations in Mekar Baru Village, Kota Kisaran Barat District, Asahan Regency, to rent out boarding rooms to outside parties. Practices that take place between the owner and the third-party tenant, or second tenant, do not adhere to the principles, requirements, or aspects of ijarah. Since the original renter still has the right to rent the room, the owner of the boarding room rental should pay the first tenant after being open and honest with them about any transactions they do with other parties.

Analysis of Buying, Selling, and Leasing Virtual Land in the Metaverse: A Perspective from Sharia Economic Law

This research aims to analyze the position of virtual land buying, selling, and leasing practices using cryptocurrency in the metaverse from the perspective of Islamic economic law. This study uses a descriptive analysis method with a normative juridical approach and data analysis techniques through three stages of analysis: focusing the data, presenting the data, and drawing conclusions. The research found that the practice of buying, selling, and leasing virtual land in the metaverse is permissible because it meets the conditions and pillars of a valid contract. The transactions carried out involve intangible assets, namely virtual land and cryptocurrency. In these transactions, there is an expansion of the object of the ijarah (lease) contract, which typically involves the benefit of tangible objects or assets but can also include the benefit of intangible objects or assets, provided that the intangible asset requires another object (a tangible object) or a process that enables the asset to have utility, thus fulfilling the purpose of the contract in accordance with the principles of muamalah maliyyah (financial transactions). The development of the object of the ijarah contract is a scientific contribution to the development of Islamic economic law theory. Therefore, further research is needed on the status of intangible assets as objects of contracts to explore their benefits and legal status in accordance with Sharia principles.

Application of the Ijarah Agreement in Al-Badar Syariah Hotel Room Rental in Makassar

The aim of this research is a qualitative type of research with the aim of knowing the application and implementation of the ijarah (rental) contract at Al-Badar Hotel Syariah Makassar. The Ijarah contract is a rental contract entered into by both parties to the agreement between the mu'ajir (the person who rents) and the musta'jir (the person who rents) both parties benefit from the replacement of the rent. And also this research aims to determine the compatibility of the ijarah (lease) agreement with the DSN-MUI Fatwa regarding Ijarah. The method used in collecting data was obtained from interviews and documentation. The data sources used are primary data and secondary data. This type of research includes field research. The results of the research obtained are that the implementation of the ijarah contract for renting rooms at the Al-Badar Syariah Makassar hotel is carried out based on an agreement between both parties, namely between the hotel (receptionist) and the room renter by paying the rent to the hotel according to the price agreed upon by both parties. both parties. And the suitability of the ijarah agreement for renting Al-Badar Syariah Makassar hotel rooms is in accordance with the DSN-MUI Fatwa regarding ijarah with the fulfillment of the pillars and conditions of ijarah.

Tinjauan Praktek Akad Ijarah Menurut Hukum Islam: Studi Kasus pada UMKM Kios di Kec. Medan Helvetia

Leasing (ijarah) is a form of muamalah action that is often carried out by humans to fulfil their needs. These needs can be in the form of the benefits of goods or services that are not owned, such as renting out kiosks for MSME business actors in Medan Helvetia Sub-District. However, in some cases, kiosk tenants are often not responsible for the leased kiosk building, such as building damage that arises during the lease period and arrears in water and electricity costs. The purpose of this study is to explain how the practice of ijarah contracts contained in kiosk MSMEs in Medan Helvetia sub-district and explain the practice of ijarah contracts contained in kiosk MSMEs in Medan Helvetia sub-district according to Islamic law. This research uses a type of field research with a descriptive qualitative approach. The data sources used are primary data sources and secondary data sources. Data collection is done by observation, interviews, documentation. Data analysis techniques using qualitative descriptive data analysis techniques. Based on the results of this research, the benefits of objects in the practice of ijarah contracts for MSME kiosks in Medan Helvetia sub-district are permissible in Shara'. When viewed from the validity of the contract, the practice of ijarah contracts for MSME kiosks in Medan Helvetia Sub-District is not in accordance with Islamic law because the conditions for the validity of the ijarah contract have not been fulfilled, which is due to violations committed by the tenant against the object of the lease in the form of damage to the building that appears.

AKAD MURABAHAH AND IJARAH AND THEIR APPLICATION IN ISLAMIC FINANCIAL INSTITUTIONS

The increase in people's needs is hampered by busyness and inability to meet their needs so that people need alternatives to help them fulfill their needs. Sharia Financial Institutions (LKS) have emerged as an alternative for people to meet their needs. The main product that LKS offers to the public is murabahah because there is little risk in its application. However, the murabahah application has caused a lot of criticism among the public. Islamic banks are often referred to as "murabahah banks" because murabahah and ijarah dominate and modifications to the murabahah and ijarah applications are considered the same as transactions at conventional banks. This study is a literature review with deductive analysis, namely the author analyzes from general to specific so that conclusions can be drawn. The results of this research conclude that the murabahah application in sharia banking makes sharia banks as fund providers, not sellers. The murabahah and ijarah contracts in classical jurisprudence have also undergone many modifications. These modifications to the murabahah and ijarah contracts have given rise to criticism among the public. Modifications to the murabahah contract include the murabahah contract which binds the customer before the bank has the goods the customer wants, giving rise to bai' ma'dum, murabahah lil amri bi al-syira' which is considered haram by some scholars because it is a loophole for usury, and murabahah bil wakalah which is legally permissible.

Implementation of the MMQ Agreement in KPR ProductsOn Increasing Financing at Bank Muamalat KCP Kuningan

In Indonesia, the housing problem is very big, especially in metropolitan areas. Bank Muamalat offers iB Hijrah KPR with Murabahah and musyarakah mutanaqishah contract options. The research was conducted to understand the implementation of the musyarakah mutanaqisah contract in KPR products. on KPR Financing at Bank Muamlat KCP Kuningan. And the results of implementing the musyarakah mutanaqisah agreement on KPR products in increasing KPR financing at Bank Muamalat KCP Kuningan. This research uses a qualitative approach, with data sources used namely primary and secondary, and data collection techniques of observation, interviews, and documentation. Bank Muamalat KCP Kuningan implements the musyarakah mutanaqisah agreement in the iB Hijrah KPR financing product through three stages, including BI Checking for husbands and wives with five columns of financial assessment. The financing process involves musyarakah mutanaqisah and ijarah contracts, where customers gradually buy a house from the bank. Despite facing challenges in public understanding and document requirements, the bank carried out a thorough feasibility assessment process. Thus, the implementation of the musyarakah mutanaqisah agreement was proven to have a positive impact on increasing mortgage financing. Increasing the number of customers and sales volume of mortgage products with promotional and educational efforts. Annual data records increases and decreases in mortgage financing at Bank Muamalat KCP Kuningan. As seen from the annual data of Bank Muamalat Indonesia for 2022-2023 there has been an increase and in 2019-2021 there has been an increase and decrease. Bank Muamalat KCP Kuningan succeeded in overcoming obstacles in understanding and obtaining IMB in the implementation of the Musyarakah Mutanaqisah KPR iB Hijrah Agreement by implementing a relief policy. As well as being able to restore increased financing using a promotion, and education to the community, educational institutions, and government.

Understanding the Underlying Islamic Contract of E-Money: The Case of Go-Pay

The rapid development of technology creates a lack of clarity in the Islamic compliance of any new product, including the Go-pay system that serves as a means of payment transactions within Gojek. While researchers already tried to scrutinize Go-Pay under the light of Islamic boundaries, the inconclusive results bring another confusion. This research aims to collect all scholar opinions regarding Go-Pay, and categorize and analyze all the possible underlying Islamic law contracts of Go-Pay. This research is library research, using articles as the data that are extracted from Google Scholar to be analyzed. The results of this study show that the majority of 16 researchers say that Go-Pay payments are more by the Qardh contract. Five researchers found that it is more in line with the Wadi’ah contract, while five others said that it is in line with the Ijarah contract, and one researcher found that the Sharf contract is more appropriate.
 Keywords: Go-pay, Islam, law, contract, digital money, E-Money, cashless

Implementation of Bailouts on Umrah Financing Products at FIFGROUP Amitra Syariah in the Perspective of Positive Law and Islamic Law

The implementation of Umrah financing through bailouts is a product issued by PT. FIFGROUP (AMITRA) for Umrah financing through Umrah bailout funds using ijarah contracts, referring to Fatwa DSN MUI No. 09/DSN-MUI/VI/2000 concerning Ijarah Financing and Fatwa DSN MUI No. 44/DSN-MUI/VIII/2004 related to multiservice financing. Implementation of Umrah bailout funding at PT. FIFGROUP (AMITRA) benefits Ujrah by considering the customer’s repayment time rather than taking advantage of salaries and administrative services provided by PT. FIFGROUP (AMITRA) to customers. The view of Islamic law and positive law regarding the financial arrangement of Umrah through PT FIFGROUP (AMITRA) Genteng uses the Qardh Wal Ijarah contract because the implementation of the contract is not in accordance with what is regulated in fatwa DSN No. 29/DSN-MUI/VI/2002, where the amount of all-ijărah service compensation cannot be borne based on bailouts. Al-Qardh, or the provisions of Islamic law, tend to contain elements of usury.

Analisis Penggunaan Akad Kafalah bi Al Ujrah pada Produk BSI Hasanah Card di Bank BSI–KCP UINSA Surabaya

This research aims to find out how the kafalah contract is used in BSI Hasanah Card products. The research method used is a qualitative method using a descriptive approach. The data sources used are primary data and secondary data. Primary data was obtained through a direct interview process with BSI KCP UINSA Surabaya. Secondary data was obtained from various literary sources such as books, journals, articles and other documents that support discussions related to the research theme. The results of this research show that the BSI Hasanah Card is in accordance with sharia principles. BSI Hasanah Card uses three sharia contracts, namely the kafalah bil ujrah, qard and ijarah contracts. The use of the BSI Hasanah Card places restrictions on its users by not being able to use it for types of transactions that are not in accordance with sharia. This can provide a sense of security and eliminate worry for BSI Hasanah Card users from all forms of transactions that contain elements of gharar and usury and are not in accordance with sharia provisions.

ANALYSIS OF THE USE OF AKAD KAFALAH BI 'UJRAH ON BSI HASANAH CARD PRODUCTS AT BSI BANK – KCP UINSA SURABAYA

This research aims to find out how the kafalah contract is used in BSI Hasanah Card products. The research method used is a qualitative method using a descriptive approach. The data sources used are primary data and secondary data. Primary data was obtained through a direct interview process with BSI KCP UINSA Surabaya. Secondary data was obtained from various literary sources such as books, journals, articles and other documents that support discussions related to the research theme. The results of this research show that the BSI Hasanah Card is in accordance with sharia principles. BSI Hasanah Card uses three sharia contracts, namely the kafalah bil ujrah, qard and ijarah contracts. The use of the BSI Hasanah Card places restrictions on its users by not being able to use it for types of transactions that are not in accordance with sharia. This can provide a sense of security and eliminate worry for BSI Hasanah Card users from all forms of transactions that contain elements of gharar and usury and are not in accordance with sharia provisions.

Riba Potentials in DSN-MUI’s Fatwa Concerning Gold Rahn

This study aims to analyse the usury potential contained in the National Sharia Council-MUI Fatwa Number: 26/DSN-MUI/III/2002 about Gold Rahn. This research was conducted to examine the fatwa from the perspective of Usul Fiqh. Islamic Sharia forbids riba (usury) and things that can encourage usury. The things that can encourage the occurrence of usury prohibited by Islamic Sharia are the merger of the Qardh contract and buying and selling, as well as other exchange contract, such as ijarah. On the other hand, Fatwa of the National Sharia Board-Indonesian Council of Ulama (DSN-MUI) Number: 26/DSN-MUI/III/2002 about Gold Rahn actually opens the opportunity for usury because it allows the merger of the qardh and ijarah contract. This research combines literature and field research methods. Data was collected through literature search, documentation techniques and interviews. Triangulation techniques are used to test the validity of data. Next, the data is analysed and concluded. This research found that: 1) the potential for usury is due to the absence of restrictions on taking marhun maintenance fees by Islamic Financial Institutions. If the amount of service fees imposed by the Islamic Bank in maintaining marhun exceeds a reasonable price, the excess is considered usury. 2) The price excess is approved by the customer solely because the customer gets a loan from the Sharia Finance Institution (LKS). Also, LKS wants to provide loans to customers solely because customers want to pay fees that exceed reasonable maintenance costs.