Aspects Of Sharia Research Articles

Critical Analysis of The Law on Purchasing Gold on Credit

This study aims to understand the legal background of gold credit in Indonesia, we can explore more deeply how this product contributes to the development of Islamic banking, consumer protection, and financial market regulation more broadly. It also helps in identifying the challenges and opportunities faced in the implementation of Islamic financial practices in Indonesia. This writing uses a normative method where in this writing a literature search is conducted. Peter Mahmud stated that Legal Research must find a coherent truth, namely legal rules in accordance with legal norms or are there norms in the form of commands or prohibitions that are in accordance with Legal Principles and whether a person's actions are in accordance with Legal Principles or Legal Norms. Legal analysis of gold credit shows that this transaction involves various aspects that need to be considered, including the legal basis, sharia aspects (if applicable), financial risks, and legal treatment. It is important for financial institutions and customers to clearly understand their rights and obligations in gold credit contracts, and to comply with all applicable regulations to minimize risk and maintain fairness in this transaction.

CONTRIBUTION OF KNOWLEDGE AND RELIGIOSITY TO INCREASE THE NUMBER OF CUSTOMERS AT ISLAMIC BANK

This research was motivated by the use of conventional banks, which are more dominant than Islamic banks in Tapan. The purpose of this study is to determine the influence of the level of knowledge and religiosity on customer interest in choosing savings products at Bank Nagari Sharia Unit Tapan Branch. This research uses a quantitative research design. The population in this study is all people who use the Bank Nagari Sharia Unit Tapan Branch. Samples were taken using the Hair formula with a total sample of 55 people. The data analysis technique uses multiple linear regression analysis with the help of SPSS version 21. The results showed that partially and simultaneously, the variables of Knowledge and Religiosity had a significant and positive effect on interest in saving. This result can provide an overview to the bank to pay attention to the level of knowledge and religiosity of customers so that the number of customers increases. Some of them are by providing understanding to the public related to aspects of Sharia that must be considered.

Evaluating Murābahah Contract Practices in BPRS Financing Agreement No. 8854/MBA/11/2010 and Associated Challenges in Islamic Banking

This research aims to analyze the application of the murābahah contract in BPRS financing agreement number 8854/MBA/11/2010 related to the payment period and problems that may arise in BPRS financing practices in Islamic banking. The research method uses a literature study that uses an empirical normative approach, which focuses on the application of normative law to certain legal situations that occur in society. the results showed that the application of the murābahah contract in the BPRS financing agreement Number 8854 / MBA / 11/2010 in the context of the payment period. In the application of the murābahah financing contract, the profit is not more than one-third or one-fifth and the repayment period is not more than three years because if it is more, it will cause ribā because the calculation uses a profit calculation instead of profit sharing as based on the calculation. second Problems that can occur in murābahah financing. In the practice of murābahah financing, there are various problems that can occur, including non-transparent margins, risks of ownership and storage, problems with the quality of goods, risk of bad financing, uncertainty of market prices, high involvement of third parties and the difficulty of renegotiating and if viewed from various aspects such as sharia aspects, legal aspects, and operational aspects, it is very likely that there will be a failure in the contract.

E-Commerce: The Mechanism of Flash Sale on Perspective Indonesia’s Positive Law and Sharia Economic Law

Technological developments provide easier access to marketing and buying and selling to the public. This opportunity is also used as widely as possible to market products with various online marketing strategies, one of which is flash sales. Flash sales became popular and became a buying and selling mechanism that was widely applied by online merchants. However, this leaves a question mark about the law of the flash running mechanism both in terms of Indonesia's positive law and sharia economic law in particular. The research method used in this study is qualitative research with a cross-site study approach. Primary data sources are obtained from direct searches on e-commerce platforms, while secondary data is obtained from journals and other published research results. The results of this study show that the flash sale mechanism that has been running so far in Indonesia has been in accordance with Indonesia's positive law and sharia economic law, both from normative, social, and sharia aspects itself.

Optimasi Pembiayaan Haji Di Indonesia: Peran Kontrak Wakalah

The increase in Hajj registrants in Indonesia has led to the need for efficient and transparent management of Hajj funds. State regulations and Sharia principles must be adhered to when using Wakalah contracts for efficient management of Hajj funds. The aim of this research is to clarify the legal framework surrounding the Wakalah contract so that its implementation is more effective and optimizes the management of Hajj funds both in the context of sharia and state law. This research uses a normative juridical method, namely data is analyzed and processed systematically, logically and critically, using a normative approach and based on regulations, doctrine, legal principles and other relevant supplementary materials. Based on these findings, data was analyzed and a strong legal framework and sharia principles can maximize benefits for Hajj pilgrims and encourage cost-effective management of funds. Collaboration between Islamic banking institutions and Hajj regulators can also help overcome existing challenges. This research offers a deeper understanding of the benefits of ownership, Wakalah principles, as well as relevant legal and Sharia aspects, thanks to its careful methodological approach. Its unique contribution lies in its focus on beneficial ownership, a comprehensive examination of legal and sharia considerations, and the development of a practical framework for improving Hajj financial management in Indonesia.

Problems in The Implementation of Sharia Audit in Indonesia: A Systematic Literature Review using PRISMA

This research aims to find out the problems encountered in the practice of sharia auditing to be recommended to stakeholders in order to get solutions and find solutions. The method used is qualitative with a literature study approach. Data analysis tools with PRISMA (Preferred Reporting Items for Systematic Reviews and Meta-Analyses) technique. This research uses secondary data taken from the Publish or Perish software on the Google Scholar database. The results showed that there were 41 papers that became the population, then filtered and produced 17 final articles which became the main data source in the study. Of the 17 articles processed, all of them are problems encountered by Islamic audit practitioners encountered in the field. It was found that there are five basic problems in Islamic auditing that can be a reference for the relevant stakeholders to solve in order to improve the performance of Islamic auditing. The five problems are (1) Sharia audit regulations that have not been accommodated nationally, (2) Availability and competence of Human Resources as sharia auditors that are not optimal, (3) Management of the sharia audit process that is not effective and efficient, and (4) The practice of the sharia audit process still focuses on operational audits rather than audits of sharia aspects, (5) Unclear scope of sharia audits.

Islamic Philosophy and Human Business Ethics in Realizing Sustainable Development Goals

This paper aims to explain some economic aspects of sharia by using a widely grasped philosophical approach. The paper presents an Islamic position on business ethics as it is in Qu-ran and in interpretations of sharia elaborated by Islamic thinkers, first of all Indonesian ones. Following results given in selected positions of the literature of the subject the authors come to the following theses and conclusions: Humans must pay attention to few possessions that are basic needs. Humans must avoid prioritizing secondary needs by ignoring basic needs because this is contrary to the maqashid of sharia. Property management must be carried out about a predetermined plan and people who have property should not hoard it.

PECULIARITIES OF COMMERCIAL LAW IN ISLAMIC COUNTRIES

This article explores the unique characteristics of commercial law in Islamic countries, emphasizing the profound influence of Sharia (Islamic law) on legal principles and practices. Unlike Western commercial law, which is predominantly secular and profit-driven, Islamic commercial law integrates religious principles that prioritize ethical conduct, fairness, and social justice. The discussion delves into the foundational aspects of Sharia, including the prohibition of Riba (usury) and Gharar (excessive uncertainty), and how these principles shape contract formation, dispute resolution, and financial transactions. The article also examines the practical implications for businesses operating within this legal framework, highlighting the challenges and opportunities presented by the growing field of Islamic finance. By providing a comprehensive overview of these peculiarities, the article aims to enhance understanding and appreciation of the distinctive legal landscape in Islamic countries, offering valuable insights for legal practitioners, scholars, and business professionals engaged in international commerce.

Implementation of Maqashid Shariah Principles in the Beauty Salon Business

The beauty industry has become an important part of the modern lifestyle. However, beauty salons often face challenges in aligning their practices with sharia principles. This research discusses the salon concept based on sharia provisions, exploring the implementation of Islamic principles in beauty services. The provisions that beauty salons must have are the use of products that are halal certified. The aim of this research is to explain the level of implementation of maqashid sharia in salons. To find out how far salons consider sharia aspects in their business, this research uses a literature review and the Simple Additive Weighting (SAW) method as research methodology. The research results show that there are still many sharia-based salons but do not meet the maqashid sharia criteria.

The analysis of sharia compliance in the implementation of KPR Syariah iB Hebat product at BPRS Dana Amanah Surakarta

IntroductionBPRS Dana Amanah Surakarta, as part of a sharia entity, has an obligation to comply with sharia. One of the products implemented is KPR Syariah iB Hebat financing.ObjectivesThis research aims to analyze sharia compliance in the implementation of KPR Syariah iB Hebat products at BPRS Dana Amanah Surakarta, as well as the role of DPS in controlling and supervising every operational activity and product so that it remains in accordance with sharia regulations and principles. MethodThis research used a qualitative approach, in the form of field research, to describe the field data obtained and analyzed in this research.ResultsThe contract used in the KPR Syariah iB Hebat product at BPRS Dana Amanah Surakarta is a murabahah, istishna’ parallel, and musyarakah mutanaqishah contracts, based on DSN-MUI fatwa. The provisions listed in the DSN-MUI fatwa are then compiled into a letter of agreement. DPS supervises the development of new BPRS products and activities and supervises BPRS activities. Until now, there have been no findings of serious deviations from sharia aspects at BPRS Dana Amanah Surakarta, usually the findings are limited to administrative requirements that can be fulfilled. ImplicationsBPRS Dana Amanah Surakarta should maintain the sharia compliance for KPR Syariah iB Hebat and its other financial products. Other Islamic micro financial institutions can follow the steps taken by BPRS Dana Amanah Surakarta to engineer its financial products.Originality/NoveltyThis research made an important contribution in the form of concepts and implementation on sharia compliance, which is a part that should not be separated from the activities of sharia entities, as a reference for analyzing and developing the financial, economic, and Islamic business in the future.

Measuring Islamic Banking Performance Using Maqashid Shariah Index and RGEC: The Malaysian and Indonesian Islamic Banking

Islamic banking in Malaysia and Indonesia ranks first (Malaysia) and third (Indonesia) based on the top Islamic financial development indicator (IFDI) countries. However, this great potential has not been matched by a comprehensive performance measurement covering social and sharia aspects as well as the health of Islamic banks. Therefore, this study aims to measure the performance of Islamic banks through the Maqashid Syariah Index and RGEC approaches using quantitative methods. The results showed that through the MSI approach, Malaysian Islamic banking is superior to Indonesian Islamic banking in the aspects of justice and benefit. Through the RGEC approach, the NPF, ROA, FDR, and CAR ratios show that Malaysian Islamic banking is superior. The implications of this research can be useful for Islamic banking in developing the right strategy in order to improve sharia and social performance and bank health.

Analisis Perbandingan Kinerja Keuangan Shariah Antara Sharia Conformity And Profitability (SCNP) Dan Shariah Maqashid Index Pada Bank Umum Syariah Diindonesia

In this study the measurement of financial performance at Islamic Commercial Banks in Indonesia is carried out based on sharia aspects which consist of Islamic financial performance and Islamic maqashid performance. This study aims to analyze the performance of Islamic banking, especially Islamic Commercial Banks in Indonesia during the five year period from 2018-2022. Which is measured using the Sharia Conformity and Profitability (SCnP) and the Sharia Maqashid Index (SMI). The data used are 5 Islamic Commercial Banks consisting of: Bank Muamalat Indonesia (BMI), Bank Mega Syariah (BMS), Bank BCA Syariah (BCAS), Bank Bukopin Syariah (BBS), Bank Aceh Syariah (BAS). The data source used in this research is secondary data. Data is obtained from the annual reports of BUS in Indonesia for 2018-2022 via the website of each Islamic Commercial Bank. The results of this study show that based on the graphs and rankings, the results of the comparison of SCnP and SMI during the 2018-2022 period show that Islamic Commercial Banks in Indonesia are in one quadrant, namely URQ (Upper Right Quadran), Bank Aceh Syariah (BAS) is ranked first, Banks Muamalat Indonesia (BMI) is ranked second, Bank BCA Syariah (BCAS) is ranked third, Bank Bukopin Syariah is ranked 4th, and Bank Mega Syariah is ranked fifth.

Analysis Of Sharia Aspects In The Digitalization Of Halal Tourism Business

The digitalization of the halal tourism business has become a major focus in supporting the economic growth and progress of the halal industry. In this context, this study aims to analyze the sharia aspects related to the digitalization of the halal tourism business through a case study of PT Alam Indah located in Telaga Warna, Wonosobo. The research method used is qualitative with a descriptive analytical field and literature approach. The data used in this study were obtained through interviews, observations, and documentation with the Marketing Manager of PT Alam Indah. The results showed that PT Alam Indah has achieved a high level of compliance with the guidelines for organizing tourism based on Sharia principles set out in Fatwa No. 108/DSN-MUI/X/2016. They provide tour packages, destinations and accommodations that are in accordance with Sharia principles, and use Sharia Bank accounts to manage company funds independently. Nonetheless, there is still the use of conventional financial institution services that have not fully adopted sharia principles. In addition, PT Alam Indah has successfully developed its business through effective digitalization. By implementing a digital system since its inception, it can continue to survive and develop in a more advanced and trusted manner. The application owned by PT Alam Indah has fulfilled Sharia principles, by offering halal products without any elements of fraud, Gharar, and with guarantees of security, honesty, professionalism, and providing benefits to users. Overall, the digitalization of the halal tourism business carried out by PT Alam Indah is in line with the established Sharia principles. This research provides a deeper understanding of how sharia aspects are applied in the digitalization of the halal tourism business. The results of this study are expected to contribute to broadening the understanding of business practices that meet Sharia principles in the context of halal tourism. In addition, this research also provides insight into the importance of effective digitalization development in supporting the sustainable growth of halal tourism.

ANALISIS PENERAPAN PRINSIP 5C+1A DALAM PROSES PEMBERIAN PEMBIAYAAN MIKRO PADA BANK SYARIAH

Sharia Bank, inchanneling funds through financing, it is necessary to apply the principle of prudence todebtor, among which can be applied is p5C principles which include:Character, Capacity, Capital, Collateral, dan Condition of Economic. In addition, it is also necessary to consider aspects of 1A (Sharia) in decision making. The purpose of this study is to find out about the application of the 5C + 1A principles in the process of providing microfinance to Islamic banks.This study uses a qualitative method with a descriptive approach. By using two data sources, namely primary data obtained by conducting interviews with Islamic banks, secondary data obtained from literature, books, journals, the internet and previous research. In data analysis, the authors here use an inductive way of thinking that starts with data and information about the application of the 5C+1A principles in the process of providing microfinance to Islamic banks. The results of this study indicate that the application of the 5C+1A principles (Character, Capacity, Capital, Collateral, Condition of Economic and Sharia Aspects) in the process of providing microfinance to Islamic banks is carried out to prevent the process of providing financing that is not on target in order to minimize bad financing. However, even though the 5C + 1A principles have been implemented, bad/problem financing is sometimes unavoidable, so Islamic banks also need to implement a strategy for solving them.

Cakalele Dance: Religious and Social Ethics in Islamic and Environmental Education

The Cakalele dance is widely recognized as a “war dance” deeply rooted in Maluku culture. It involves dynamic movements such as jumping, turning, stomping, and sword-slashing, reflecting its historical significance in war strategies. However, Cakalele in Banda showcases its distinctiveness. From the elaborate costumes to the formation of the dancers, and the specific dance movements, it conveys a profound connection to Islamic religiosity and ethical values prevalent within the Banda coastal community. This study used a qualitative analysis approach with a phenomenological perspective, focusing on the Cakalele dancers and their characteristics, movements, and performances in the traditional village of Namasawar, Banda Naira Sub-District. The research reveals that the traditional Cakalele dance incorporates essential Islamic educational values, including aspects of Sharia and ritual worship. In addition, it also emphasizes environmental ethics, promoting harmony between humans and the coastal and sea environment. Through this research, it becomes evident that the Cakalele dance carries a strong message regarding Islamic education, social ethics, and the preservation of the environment.

Determinants of Return On Asset (ROA) at Sharia Commercial Banks 2016 – 2021

ROA is a ratio that serves to assess a company's ability to make a profit. The amount of ROA can be influenced by many things such as NPF, FDR, and CAR. This study aims to find the effect of NPF, FDR, and CAR on ROA at Islamic Commercial Banks (BUS) in 2016-2021. This research uses a two-stage analysis. The first stage will use multiple linear analysis with the Ordinary Least Square method to find the influence between variables, then the second stage will examine the ROA scheme in Islamic banking, and whether it is in accordance with Islamic principles. The results showed that NPF had a significant negative impact on ROA, FDR had an insignificant positive impact on ROA, and CAR had a significant positive impact on ROA. The results of the calculation of the coefficient of determination show that NPF, FDR, and CAR affect ROA by 78.78% while the rest is explained by other variables that are not taken into account in the study. In addition, the ROA business scheme is in accordance with existing Sharia aspects because nothing is violated in Sharia principles, and the existence of DPS is one of the factors the researchers believe that this business model is in accordance with Sharia values. This research is useful to determine the effect between ROA variables and to find out whether business schemes with ROA are in accordance with Sharia.

The Global Islamic Calendar as a Solution for Unified Religious Rituals: Its Relevance to Fiqh and Astronomy

Muslims had time differences in carrying out Islamic religious rituals. The last two international congresses in 2016 in Turkey and 2017 in Indonesia carried their own criteria and were used in several countries. Meanwhile, the majority of the calendars that Muslims refer to are the Ummul Qura' Calendar of Saudi Arabia. This article aims to compare the results of that three calendar regarding the determination of the beginning of the months of Ramadan, Shawwal, Dzulhijjah from 1444 to 1448 H. and the implication of each criterion in the aspects of sharia and astronomy. This article is a qualitative research with descriptive and comparative analysis. The result shows, the differences betweean the three calendar is 53.33% and the similarity is 46.67%. Turkey's criteria for 2016, are the most established to become the Global Islamic Calendar from fiqh and astronomy perspective, but there is a weakness in the application of the conditions for reporting new moon sighting until 00.00 UT, meaning that the day changes at midnight which results in areas that are more eastern have to wait a long time and can have an impact on the law of other worship. The Indonesia criteria have accommodated the weaknesses of Turkey criteria but the scope of the hilal visibility limits is too narrow. Ummul Qura’ calendar does not meet the requirements of international congress so far. Therefore, three calendar above must complete each other to realize unified Islamic Global Calendar and new fiqh formulation of the global Islamic calendar and related worship.

Tinjauan Maqashid Syariah terhadap Penyelesaian Klaim Produk Asuransi Jiwa Brilliance Hasanah Sejahtera di PT. Sun Life Financial Indonesia Cabang Medan


 This study aims to determine the process of resolving claims for the Brilliance Hasanah Sejahtera product and to review it from the Maqashid Syariah aspect. The type of research used is descriptive research with a qualitative approach, namely research that provides an overview of the situation being studied in the form of a narrative description. The conclusion of this study is that the settlement of Brilliance Hasanah Sejahtera life insurance claims is in accordance with the specified conception which consists of notification of claims, submission of claim files, investigation of claim files, and payment of claims. Then in the process of settlement of Brilliance Hasanah Sejahtera life insurance claims in terms of maqashid sharia aspects, PT Sun Life Financial Indonesia Medan branch has realized maqashid sharia in the aspects of hifzh ad-din (property protection) and social benefit. The forms of hifzh ad-din (property protection) in the settlement process for Brilliance Hasanah Sejahtera life insurance claims at PT Sun Life Financial Indonesia Medan branch are: the false. Second, the management of claim funds in the form of tabarru funds is issued with sharia values ​​and does not contain elements of usury. Third, the administration of fund claims can be quickly provided to customers because the investigation of claims submission is carried out in a fast, responsive and strict procedure so that handling feels safe for customers and the company. And fourth, claims for payment of funds are made by transferring to each customer's account, so there is no need to worry about fraud or elements of gharar. However, the hifzh ad-din (property protection) aspect in the claim settlement process cannot be separated from other aspects of maqashid sharia which include hifzh ad-din (religious protection), hifzh an-nafs (life protection), hifzh al-aql (protection of reason) and hifzh an-nasl (protection of offspring) because all aspects of maqashid sharia influence one another. In the realization of the benefit of the existing maqasyid sharia values, the level lies at the first level, namely dharuriyat.
 Keywords: Maqashid Syariah, Claims, Life Insurance, Brilliance Hasanah Sejahtera

MAQĀṢID AL-SYARĪ’AH DALAM TINJAUAN PEMIKIRAN IBNU ‘ĀSYŪR

Maqāṣid Al-Syarī'ah from the perspective of Ibnu 'Āsyūr, a contemporary scholar who has contributed greatly to developing maqasidus sharia, not only from the point of view of how Islamic law becomes a means for individuals to get closer to God, but also how humans actually function as individual beings , social beings and Godly beings. Understanding and developing Maqasidus sharia knowledge becomes tenting for us to be able to feel the spirit of tasyri' so that our faith will increase. Maqasid al Sharia can be in the form of maqasid al'ammah sharia, which covers all aspects of sharia and Maqāṣid Al-Syarī'ah al khasah which is devoted to one of the chapters of sharia that has chapters, such as maqasid al sharia in economics, family law and others , or Maqāṣid Al-Syarī'ah al juz'iyyah which includes every syara' law such as the obligation to pray, forbidden adultery, and so on. In this paper, the discussion will be focused on the maqashid sharia theory according to Ibn 'Āsyūr. With the hope of knowing the characteristics and uniqueness of the theory. This research is a research that uses a qualitative descriptive approach using the literature study method, namely by searching for and studying literature related to the problem that is the object of this research study. Ibn 'Āsyur on maqashid al syar'iyyah.

WORKSHOP KEPEMIMPINAN BERBASIS SYARIAH DI SMK 2 PATRIOT BEKASI

Leaders are people who are entrusted with taking care of other people's affairs. Also referred to as Khadimul Ummah (servants of the people), that is, leaders must place themselves in the position of serving the community/company. Leaders must think of ways to make the company they lead progress, their employees prosper, and the environment around them to enjoy the presence of the company/group they lead. Meanwhile, sharia leadership is one that contains sharia aspects as a basic foundation in leading. The implementation of this community service activity was carried out at SMK 2 PATRIOT Bekasi. This activity was carried out using the teaching method with 2-way communication between the resource person and the participants. The results obtained in this activity are increased knowledge of students and teachers in terms of sharia-based leadership.