Provisions Of Sharia Research Articles

The Determination of Fair Selling Price: an Ethnomethodology Study in PT. Panderman Property Syariah

This study aims to reveal the practice of setting the price of sharia property without banks. This study uses an interpretive paradigm with a religious ethnomethodological approach to find ways or methods of setting the price that are believed in a social environment based on justice value in Islam. The data in this study were obtained from observations in the field, documentation and in-depth interviews with people who are related to setting the price at PT Panderman Properti Syariah. Data analysis was performed using equitable indexicality and equitable reflexivity. The results of the study show that there are four ways to determine the selling price, such as; implementing sharia provisions, determining the pricing objectives, calculating costs and determining fair profit, and bidding and contract arrangement mechanisms. Fair selling price is determined by paying attention to the rights of stakeholders, both those that are related to and those not directly related to the company's operations. Each stakeholder is fulfilled their rights in a balanced manner.

Developing an Islamic crowdfunding model: a new innovative mechanism to finance SMEs in the Middle East

PurposeThe purpose of this study is to investigate and discuss the viability of Islamic crowdfunding (ICF) as an alternative form of financing small and medium enterprises (SMEs) in the Middle Eastern and Islamic business environment. This study raised essential questions: what is the perception of ICF in the Middle East? Does the Middle East region really need an Islamic crowdfunding model to support SMEs? Is it possible to create a crowdfunding platform complaint with Sharia? What are the requirements for developing an Islamic crowdfunding model?Design/methodology/approachThe methodology followed to answer these questions is a qualitative research design depends on in-depth interviews, literature review, historical analysis and critical discussion. Data analysis was conducted using NVivo to analyze 25 in-depth interviews with Islamic scholars, Sharia board members and Islamic finance experts from different Middle East countries such as Saudi Arabia, Kuwait, Egypt, Iraq, UAE and Bahrain. In addition, more than 115 transcriptions, memos and research articles were used.FindingsThe study provides a new Islamic Sharīʿah-compliant crowdfunding model as the main outcome of this study. In addition, the content analysis revealed four main themes to be the essential pillars to develop the ICF model. These provisions of Islamic Sharia are: Project Idea (Halal) (28.5%), Funding Goal (36%), Return and Risk (14%) and Funding Commitments (21.5%). The findings also revealed that the four types of crowdfunding (reward-based crowdfunding, donation-based crowdfunding, loan-based crowdfunding and equity-based crowdfunding) are legal and supported by evidence from Quran and Sunnah.Originality/valueDespite the critical development in Islamic finance and the expanding number of young Muslims slanting digital Islamic services, empirical studies exploring this issue in the Middle East is still inadequate. Further, ICF has increased attention and there is an urgent need for financing new SMEs in the Middle East.

The Islamic Lifestyle of the Muslim Middle Economy Class and the Opportunities for the Halal Tourism Industry in Indonesia

In the last two decades there have been several social changes, such as the rise of industries based on sharia provisions from banking products, cosmetics, as well as Sharia tourism. Along with this growth, there have also been changes in attitudes and lifestyles such as the widespread use of the hijab which is often called the hijab revolution. This does not only occur in the lower economic class but also in the middle economic class. The economic lifestyle of the Muslim middle class also affects the demand for halal products. This paper aims to explain the relationship between the lifestyle of the Muslim economic middle class and its relationship with the opportunities for the halal tourism industry in Indonesia. The research method used is qualitative with a literature study and a descriptive approach. The results of this study are the relationship between middle class status, lifestyle and sharia products in Indonesia is very close. Halal tourism is also part of an industry that seeks to capture the opportunities generated by this market. Seeing the relationship between the middle class and the opportunities possessed by Halal Tourism is very large, and in the future it is expected that various industries that support sharia tourism will emerge, from lodging, restaurants, to various types of culinary delights that adapt to the needs of the Muslim middle class, which is always growing from year to year.

Breastfeeding wages between jurisprudence and Algerian Family Law: A comparative jurisprudence study in the light of Sharia objectives] ‘Ujrah al-Raḍa’ah bayn al-Fiqh wa Qanun al-‘Usrah al-Jaza’iri “Dirasah Fiqhiyyah Muqaranah fi Ḍaw’ Maqasid al-Shariah

Allah the Wise Legislator preserved the human right to life since conceived by the mother, forbidding him from any harm and ensuring him his right to breastfeeding from the moment he was born alive based on sharia provisions. That is, it is obligatory to protect both self and mind of babies through feeding them appropriately; and breast milk is the only appropriate one in purpose. In other words, if there is no appropriate milk for babies, their self and mind may get destroyed by hunger and its subsequent physical and psychological diseases which may lead to death. Following the Islamic legal maxim that reads ''should an obligation not be fulfilled except by a matter, that matter becomes obligatory”, it is the duty of the father to pay the wages for his breastfeeding, to save their babies' lives if it is not possible to breastfeed the baby or his mother refuses to do so. Both classical and contemporary jurisprudence scholars paid much attention to the provision of breastfeeding wages. As a result, family laws in Islamic nations as for example Algerian Family Law, do not neglect this issue. Thus, the study addressed the provision of refusing breastfeeding by wives during marriage or after getting divorced. Accordingly, the study aimed to show the provision of breastfeeding wages in all four schools of law and the Algerian Family Law through showing the right of wives to be paid against breastfeeding during marriage, their right to refuse breastfeeding, and the right of divorced women to be paid against breastfeeding when they refuse to do that for free. This study employed a comparative and inductive methodology in gathering materials from primary resources. Data collected were then analysed in comparison to Algerian Family Law. Finally, the study introduced a number of conclusions; most notably: despite their different opinions concerning the provision of breastfeeding wages, jurists agreed upon the objective of protecting self by obligating mothers to breastfeed their babies either due to the lack of other alternatives or the latter's insistence on breastfeeding from the mother only; has priority over merely financial objectives. The study also contributed in showing that the provision of breastfeeding wages is in line with the purposes of Sharia.

Islamic Political Thought And Its Implementation In The Contemporary World

Legitimate politics in contemporary studies is a name for the rulings and behaviors by which the nation's affairs are managed in its government, Legislation, and judiciary. And all its executive and administrative authorities, and in its external relations that link it to other nations in a state of peace and war, international relations and international law, and its vocabulary in international treaties, political and diplomatic relations, and international humanitarian law, concerning the influence of Islamic jurisprudence. Legitimate politics is one of the tremendous methodological sciences in Islamic heritage. It is a tool in the hands of the rulers in the state to lead the nation and achieve its religious and worldly interests. Considering the people's behavior and situations, consider the developments entering individual lives and countries under the Sharia provisions and realizing its purposes. We conducted a literature study in discussion with a descriptive analysis approach. We analyze the concept of Islamic politics and its implications for government policy and compare contemporary times. We get the scope of Islamic political movement only in family law. We can still be developed in Islamic economics, which significantly benefits Muslims in various countries. Islamic economics has a broad scope that does not directly collide with the policies in multiple countries. Regulations on the political continuity of shariah development in various fields can be placed in the constitutions and rules in numerous countries. Other Islamic laws cannot be applied yet due to circumstances that force Muslims to be under the power and influence of very strong non-Muslims.

Analysis of the Zakat Management of the National Amil Zakat Agency (BAZNAS) in Asahan Regency

This article aims to describe the management of zakat in the National Amil Zakat Agency (BAZNAS) of Asahan Regency. This article is a type of empirical and descriptive research conducted at the National Amil Zakat (BAZNAS) of Asahan Regency. In collecting primary data sources, researchers used the interview method, while for secondary data collection researchers used the documentation method. Based on the results of the study, zakat in the BAZNAS of Asahan Regency has been managed properly and has complied with sharia provisions, so that zakat funds in Asahan Regency can be felt by the community in accordance with the goals of the prescribed zakat. The zakat collected comes from zakat maal on agricultural products, commercial products, salaries of State Civil Apparatus (ASN), and others. Until this research was conducted, BAZNAS of Asahan Regency distributed zakat funds only to four groups of mustahik:the poor, riqab, gharimin, and fi-sabilillah. The zakat collected at BAZNAS Asahan Regency has exceeded the specified target, and is distributed in four patterns of zakat distribution, namely traditional consumptive, creative consumptive, traditional productive, and creative productive. The obstacles faced are the lack of public awareness, lack of regulatory support from the government, and the lack of assistance and guidance to mustahik.

Diagnosing the Reality of the Jordanian Experience in Guaranteeing Deposits with Islamic Banks

This study aims to analyze the availability of a system to guarantee bank deposits in Islamic banks that is compatible with the provisions of Islamic Sharia, as it is a modern mechanism that aims to protect deposits in Islamic banks from losses and hedge against banking risks, as well as to enhance financial stability. Islamic banks have a subject for study and discussion in terms of addressing the nature of this fund, its mechanism of action, and its suitability to the nature of Islamic banking work. Through this study: The necessity of establishing special funds to guarantee the deposits of Islamic banks on the basis of takaful in accordance with the provisions of Islamic Sharia and working under the supervision and control of the Central Bank to avoid the occurrence of cases. From default and bankruptcy.

ANALISIS SHARIAH COMPLIANCE PENETAPAN HARGA LELANG BARANG JAMINAN DALAM MENGURANGI RISIKO PADA PEMBIAYAAN IB GRIYA DI BANK SUMUT SYARIAH CABANG MEDAN

This research was conducted to determine shariah compliance in determining the auction price of collateral for ib griya financing at Bank Sumut Syariah Medan Branch. The research method used in this research is a descriptive method, in which data are collected, compiled, grouped and analyzed based on facts obtained from the field and then integrated into a clear and focused picture of the problem being studied. While the types of data needed are primary data in the form of interviews with internal bank parties and secondary data in the form of libraries, brochures, articles, and websites. From the results of this study, the authors conclude that 1) the implementation of the mechanism for pricing in the auction of collateral goods is to set a limit value based on the market value and the determination of the auction price set by the Public Appraisal Service Office (KJPP).After the stages of determining the auction price are completed, the bank will submit an auction application and other requirements to the State Property and Auction Service Office (KPKNL). 2)inthe mechanism of price fixing and auction implementation as seen from Shariah Compliance (according to Islamic Sharia) is in appropriate to sharia rules and applicable legal rules, because each step by step the pricing mechanism and auction implementation look at the base price of the auction first bysurveyingto the local market and the central market, a re- assessment carried out by experts in their respective fields, following the rules of procedure, and using the valid data so that it can be facilitated and it does not cause loss to both parties. Therefore it can be concluded that the determination of the auction price for collateral goods in Reducing Risk in Ib Griya Financing at Bank Sumut Syariah Medan Branch is in accordance with shariah compliance (sharia provisions).

Income Smoothing Practices at Sharia Banks: An Overview in Islamic Business Ethics

Sharia Bank is a bank conducting its business activities based on Islamic principles. Sharia bank as an institution based on the principles of Islam are not allowed to manipulate earnings and engineering activities in any form of earnings management is no exception in terms of financial reporting, which is a medium of information for its users. Income smoothing is an act of deliberate manipulation by management to profits fluctuate, which later reported that corporate profits are at levels considered normal. The purpose of this paper is to investigate the income smoothing practices in sharia banks in Indonesia and review of income smoothing practices according to Islamic business ethics. This study used 11 sharia banks (BUS) based on BUS list on Bank Indonesia's website as research object. To know a company is included in the income smoothing group or not, the Eckel index is used. Based on calculations using Eckel index, it can be concluded that 5 out of 11 sharia banks in Indonesia are indicated to practice income smoothing. However, the annual report of the five syariah banks indicated by the practice of income smoothing indicates that all opinions given by the Sharia Supervisory Board regarding operational activities and products or services provided by sharia banks to customers generally comply with the fatwa and sharia provisions issued by DSN- MUI. That is, the policy or practice of income smoothing in Islamic banks is not contrary to the principles of sharia and Islamic business ethics.

THE ROLE OF MURABAHAH IN FİNANCİNG INVESTMENT PROJECTS AN APPLİED STUDY IN A SAMPLE IN ISLAMİC BANKS - AL-WATANİ ISLAMİC BANK – BAGHDAD FOR THE YEARS (2014-2018)

Islamic banks are financial institutions that derive their basis or principles from the Islamic creed that forbids dealing with interest, as they provide services that do not contradict the provisions of Islamic Sharia, so that they practice investment and financing activity for investment projects using various Islamic financing formulas in order to achieve profit. This study aims to clarify the effect of murabahah in Islamic banks in financing investment projects during the period (2014-2018), taking into account the National Islamic Bank - Baghdad as a case study. This study was able to reach a set of results, the most important of which is the existence of a statistically significant effect of the murabaha rate, the repayment period, and the financing policies in Islamic banks on investment projects. The following are the recommendations: The need for Iraqi Islamic banks to conduct a thorough analysis and study of the benefits of the projects in which they participate with the private sector, especially in light of the successive losses that occur due to this participation. Iraqi Islamic banks must provide long-term financing to the various economic sectors, to include the productive sectors that It works to increase production and reduce unemployment, the need for Islamic banks to distinguish between customers on the basis of grant financing and bias to productive financing, the need for banks to direct to small and medium enterprises, improve employment opportunities and contribute to reducing unemployment, the need to develop financial engineering and Creating modern financial means that are in line with Islamic Sharia regulations and contribute to a positive impact on macroeconomic variables. Continuous search for successful investment projects by adopting modern methods in feasibility studies, evaluating projects to ward off risks, and contributing to programs, funds or investment portfolios. Or any means of investing and exploiting the surplus liquidity in Islamic banks, the need for the attention of Islamic banks By the decision of pricing banking services and products in view of their impact on the profitability of the bank and its ability to continue in the banking market.

Legal protection of public money in the UAE legislations and Islamic law

The study aims to assess the legal regulation and institutional framework for protecting and controlling public money in the United Arab Emirates, as well as comparing it with the provisions of Islamic sharia. The study begins with the concept of protecting public money, its importance, images, and types, and then analyzes the legal texts for the protection of public money in the UAE legislation and Islamic law. Then it identifies the challenges facing the protection and control of public money in the United Arab Emirates. The researcher relies in his study on the descriptive and analytical approach. The study reaches several results, the most important of which are: the UAE legislator protects the public money from any violation through a set of laws that forbid to dispose public money, its seize, or its acquisitive prescription. The study also reaches several recommendations, the most important of which are: the legislator has permitted to dispose public money in accordance with legal conditions and regulations. Thus, any disposal violation will be invalid. The study also recommends the necessity of continuous work on developing legislations that regulate and control the protection of public money in the UAE.

Analysis of Non-Halal Drug Use in the Perspective of Maqashid Syariah

Indonesia is one of the largest island countries and the largest Muslim population in the world. This is related to the consumption of pharmaceutical supplies, especially the consumption of drugs. The use of drugs to improve the quality of health not only ensures safety, quality, and efficacy but also must be available halal guarantees on the product. This research aims to find out how the study of sharia maqashid related to the use of non-halal drugs. This research method uses this type of reseach library research with data collection methods obtained from various sources of articles and journals reviewed. The results showed that the use of non-halal drugs are drugs that are not in accordance with the provisions of Islamic sharia, whose way of manufacture and materials are not in accordance with Islamic sharia, and are not recommended for consumption by Muslims. In terms of Maqashid al-Syariah, it is very clear that the use of such non-halal drugs can be used with the consideration that maintaining the soul to avoid deadly diseases falls into the level of dharuriyyah / primer.

The Use of Conjugal Rights between Arbitrariness and Governing Controls In Light of the Provisions of Islamic Sharia and Positive Law

The Use of Conjugal Rights between Arbitrariness and Governing Controls In Light of the Provisions of Islamic Sharia and Positive Law

The Impact of ArbitrarinessonThe Use of Marital Rights In Light of The Provisions of Islamic Sharia and Law

The Impact of ArbitrarinessonThe Use of Marital Rights In Light of The Provisions of Islamic Sharia and Law

PENYELENGGARAAN JENAZAH MUSLIM DI SITUASI NORMAL DAN PANDEMI COVID-19

This study is titled The Implementation of Muslim Bodies in Normal Situations and the Covid 19 Pandemic. If Muslims witness other Muslims in a situation of near death or ihtidar should do the following: Recite the next sentence of the shahada confronting the person nearing death towards the Qibla.  Then when he dies, close the eyes of the body. Then immediately bathed, prayed, and buried. This study found that specifically the Covid-19 pandemic since 2020 until now has brought a very large death toll around the world, so the handling of Covid-19 bodies also has a different procedure. This research generally explains that the management of bodies exposed to Covid-19, especially in bathing and converting, refining and burial processes is not much different from the process of organizing Muslim bodies in general. The reform must be carried out in accordance with medical protocol and carried out by the authorities, keeping in mind the provisions of sharia. As for mashing and burying is done as usual while keeping from being exposed to Covid 19. This research was conducted with qualitative research, inductive data collection. The primary sources are books, and journals.

Optimizing Disbursement of Zakat Funds for Asnaf Entrepreneurs

Zakat is a pillar of Islam that must be fulfilled by Muslims who have met the requirements of nisab. Zakat collected, then channeled to mustahiq. One of the effective zakat distribution programs for poverty alleviation is the asnaf entrepreneur's program. This study aims to describe the sharia provisions and regulations about Asnaf Entrepreneurs in the context of Indonesia. This study also identifies the zakat management entity that runs the asnaf entrepreneurs program in Indonesia. This study is a study of literature obtained from various references. The analysis was performed with a descriptive approach and content analysis. The results of the study found that the sharia provisions of Asnaf Entrepreneurs are permissible. It has been exemplified by Rasulullah SAW. While the regulatory provisions on asnaf entrepreneurs are in Law No. 23 of 2011, and Regulation of the Minister of Religion No. 52 of 2014. This study also found some examples of zakat management entities that have optimized zakat funds for Asnaf Entrepreneurs including Zakat Pulau Penang (ZPP), Badan Amil Zakat Nasional (known as Baznas), BAZNAS Riau Province, Perbadanan Baitulmal Negeri Sembilan, Lembaga Zakat State of Kedah Darul Aman, Baitul Maal Hidayatullah (BMH), and DT Peduli. This study recommends the need for institutions that specifically supervise the Asnaf Entrepreneurs program globally. It is to optimize the contribution of zakat in poverty alleviation mustahiq. However, the asnaf Entrepreneurs program has contributed to poverty alleviation in Indonesia and Muslim countries

Interfaith marriage: Comparative analysis of the prescriptions of Islam and current legislation of Muslim states

This article appears to be a follow-up to the article ‘Polygamy and interfaith marriages according to Sharia, fiqh and current legislation of Muslim states’ published by the author in issue № 11 in 2021 of this journal. Within the framework of the present article, the author deeps into the question of the permissibility of interfaith marriages according to the legislation of the countries where Islam is widely spread. The aim of the work is to analyse and compare the postulates of Sharia, fiqh and the legislation norms of some countries for the permissibility of interfaith marriages. The methodology of this article is based on the distinction of such concepts as Sharia, Fiqh and Islamic law. In the author’s opinion, the incorrect connotation of the mention terms leads to incorrect results of the research papers. There have been norms of 11 countries’ legislation analysed in this research (Turkey, India, Saudi Arabia, Jordan, Morocco, Tunis, Iran, Iraq, the Maldives, Malaysia, Egypt), which makes this paper both theoretically and practically significant. As a result of this research, the author comes to a conclusion that the issue of the permissibility of interfaith marriages is solved in the legislation differently. In this way, the norms of the legislation of some countries do not contain any provisions or references on the question, while the norms of other states either coincide with the provisions of Sharia or contradict it in varying degrees - partly or totally.

Analysis of the Working Capital Management Efficiency of the Manufacturing Companies in the Islamic Index

Unlike the traditional finance model, Islamic finance is based on its own principles, outlined by the sharia provisions regarding the management of money in Islamic law. The most important of these principles are profit and loss sharing, risk sharing, interest prohibition, the principle of basing transactions on goods, and the prohibition of investing in extreme uncertainty. In addition to these principles, Islamic law prohibits investing in interest-based financial institutions and some sectors that Islam does not approve of such as alcohol, adult films, pork, etc., and refrains from cooperating with these sectors. The Islamic financial system has been established to take into account social and moral issues as well as acting on religious principles. Islamic finance has implemented Islamic indices as a guide for those who want to invest in Sharia-compliant stocks. The main purpose of Islamic indices is to inform which company stocks are suitable in terms of sharia. Qualitative and quantitative criteria must be met in order to be included in Islamic indices. Qualitative criteria are related to the fields of activity of companies. However, quantitative criteria consist of financial constraints. One of the financial constraints is the rate of investment in working capital components in total assets. The most important reason for this is that some of the working capital components generate interest income. Working capital is the portion of companies' assets that are expected to be converted into cash within one year. Therefore, the ratio of these assets in total assets is important for companies' risk, profitability, and liquidity. In conclusion, the main research question of this study is how financial restrictions in Islamic indices affect the working capital management of companies. There are quite a few studies on Islamic indices in the literature. Most of the studies are related to the structural characteristics of these indices. Likewise, there are many publications on the financial performance of these indices. However, studies on working capital management of companies included in Islamic indices are quite limited. In these studies, the relationship between working capital and profitability has been examined. As a result of the literature review, no academic study was found on the working capital management efficiency of companies in Islamic indices. Therefore, this study is the first study done on this subject. In particular, the effect of restrictions on current assets (working capital components) on working capital management has been investigated for the first time. Calculation of working capital management efficiency in the study was determined by the index method developed by Bhattacharya (1997). This method consists of calculating three indices. These are performance, utilization, and efficiency indices. Working capital components (cash and equivalents, trade receivables, other trade receivables, inventories, prepaid expenses, and other current assets) and sales of the company are taken into account in the calculation of the three indices. In this study, Participation 30 index companies serving as an Islamic index were selected as the universe of the research. However, not all of the 30 companies that make up this index are included in the analysis. In addition, not all types of companies need working capital management. Working capital management is essential for manufacturing industry companies. Therefore, only manufacturing industry companies were selected in this study. Since there are 17 manufacturing companies in the Participation 30 index, these companies constitute the universe of the study. Financial sector companies supplying the financing of manufacturing industry activities were excluded from the scope of the study. In addition, companies in the retail sector that do not produce commodities are not included in the analysis. In the study, the six-year balance sheet and income statement data of the companies between 2013 and 2018 were used, and these data were obtained from the public disclosure platform. According to the results obtained from the study, the performance index of 65.69% of the companies, the usage index of 55.89%, and the efficiency index of 67.65% were higher than 1. In other words, these companies have been successful in managing working capital. To sum up, it is concluded that the restrictions imposed by Islamic indices on working capital components do not adversely affect the effectiveness of companies' working capital management.

The Study Of Padeki Korru From Islamic Law Perspective

This study was based on the tradition of the Sumba people touching their noses when meeting, commonly called Padeki Korru, carried out against people of the same sex or the opposite sex and has been carried out from generation to generation. The purpose of this study is to find out the views of Islamic law regarding the adat tradition of Padeki Korru. This study used a qualitative approach, with 12 sources of the population of West Sumba who were Muslims, non-Muslims, and Muallaf. This research shows that the Padeki Korru Tradition is a forbidden tradition, because it is out of the sharia provisions in the prohibition of touching non-mahrams. When viewed from the point of being a form of religious tolerance and avoiding gossip that is feared will lead to conflict, the researcher directs this to the second level of emergency, namely only in a state of urgency is allowed to practice traditions

إشكالية تفعيل الاجتهاد في أحكام المواريث بوجود دلالة النّص القطعية

The verses of inheritance are texts that hardly have a parallel in the provisions of Sharia in terms of clarity and decisiveness in determining the share for each inheritor. Disputes arise over the understanding of these texts where some of the companions’ jurists went on to activate the mechanism of ijtihad even though the text is clear. Their jurisprudence gave us new rulings that are not mentioned either in the Qurʾān or in the Sunnah. Meanwhile, other jurists adhered to the apparent meaning of the texts. This study aims to reveal the reasons for establishing ijtihad, although there exist definitive texts on the provisions of inheritance, and to explain the path that each companion took in weighting their doctrine. To achieve these goals, this study relied on descriptive and analytical approaches. This study found that adherence to the apparent meaning of the texts in the rulings of inheritance is a principle that must be adhered to. Aside from that, using ijtihad in the provisions of inheritance with the presence of peremptory text is possible. It is activated according to the methodology that gives the Islamic ruling new dimensions upon its implementation and does not include either cancellation or change.