Sharia Council Research Articles

Analysis of The Legal Arguments in The Fatwa of The National Sharia Council of The Indonesian Ulema Council Number 22 Of 2002 Concerning Parallel Istishna

This research aims to analyze the relevance and accuracy of the legal arguments in the National Sharia Council Fatwa No. 22/2002 on Parallel Istishna. With a qualitative research method and normative legal approach, the analysis in this study adapts the method used by Haisy (2019). The results show that the arguments of parallel istishna, which consist of hadith, fiqh rules, and aqliyah rules, are relevant to the content of the fatwa, especially in the fiqh rules section. However, to improve the accuracy and applicability of the evidence, it can be supplemented with other sharing evidence that is closer to the study of parallel istishna, including Surah Al-Kahf Verse 94, hadith related to the making of rings and pulpits, ijma' amaly, and istihsan. This research contributes to the study of parallel istishna, namely in terms of helping to identify and summarise the shar'i arguments as the legal basis for parallel istishna.

Analisis Pengembalian Dana Tabarru Bagi Pemegang Polis Yang Berhenti Sebelum Masa Perjanjian Berakhir

This research aims to analyze the return of Tabarru Funds for policy holders who quit before the agreement period ends at PT Sun Life Syari'ah Medan Branch from a sharia insurance perspective. This research is a type of quantitative research, namely by conducting field research. The data sources used in this research are primary data and secondary data. Data collection was obtained from interviews, documentation and observation. To analyze the data, researchers used descriptive analysis methods. Data analysis techniques are carried out by reducing data, presenting data, and drawing conclusions. Research subject to related and authorized parties at PT Sun Life Syariah Medan Branch. The research object is the return of Tabarru Funds for policy holders who quit before the agreement period ends. The research results show that the implementation of the Tabarru contract at PT Sun Life is in accordance with the Fatwa of the National Sharia Council regarding Tabarru contracts for sharia insurance and Sharia Reinsurance. Based on the results of the interview, PT Sun Life stated that the Tabarru Fund return procedure which stops before the agreement period ends must still meet the requirements, where the return is in accordance with the type of product the customer purchased and the return is not in full, but in part after deducting administration fees and policy issuance. , and other costs that have been incurred.

SYARIAH STOCKS: A NORMATIVE ANALYSIS OF ISLAMIC LAW AND INVESTMENT PRACTICES IN INDONESIA

Syariah stocks have recently gained attention in the Islamic community, which relies on Shariah principles to guide investment decisions. Islam emphasizes the importance of profitable investments that benefit all parties involved, while prohibiting investments that involve uncertainty or exploitation. This article provides an overview of the position of stock shares in Islamic law. Using a normative legal research method, this study analyzed the relevant Islamic texts, including the Quran, Hadith, and Fatwas issued by scholars. Syariah stocks are specifically designed to meet the requirements of Islamic law, which emphasizes transparency, fairness, and ethics in financial transactions. The National Sharia Council of the Indonesian Ulama Assembly (DSN MUI) issued a Fatwa No. 80/DSN-MUI/III of 2011, outlining the implementation of Islamic principles in equity securities trading. The Fatwa stipulates that the means of payment must be known in terms of amount and form, whether in the form of money or goods, and that there should be no payment in the form of debt. Additionally, the time and place of delivery must be clearly specified based on the agreement between parties. This type of contract involves multiple parties, including banking institutions, and must be conducted in accordance with Islamic principles. The Fatwa has contributed to clarifying the terms of stock trading under Islamic law, providing a framework for Syariah stocks to operate within the boundaries of Islamic law.

Analysis of Legal Aspects of The Murabahah Agreement In Islamic Banking

Islamic Banking According to Law Number 21 of 2008 concerning Islamic Banking, specifically Article 1 number 7, Islamic Banks are banks that carry out their business activities based on Islamic principles and by their nature, consisting of Islamic Commercial Banks and Islamic Commercial Banks. Islamic People's Financing. In general, Islamic banks are banks whose operational activities are based on Islamic law, or banks that base their operational activities on interpreting the Qur'an and Hadith as the basis for Islamic law. It is stated that according to Law Number 21 of 2008 concerning Islamic Banking, in Article 1 number 12, the basis of Islamic faith for bank operations is a fatwa issued by an institution authorized to issue fatwas in the field of Islamic banking. The National Sharia Council confirms that murabahah sales and purchase transactions, whether in cash or installments, with the terms and conditions being met, are financed under a murabahah contract at a Sharia bank in terms of determining profits by Sharia principles. In the Islamic banking system, there is always a need for collateral or a loan prepared with the understanding that every debtor must adhere to Islamic law, as previously explained to parents. Islamic banking allows customers to be more cooperative when purchasing goods on credit or cash.

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.

Islamic Perspective of Gold-Based Investment: The Case of Indonesia

Currently, there are many gold-based investment products, and investors are interested because some of them use sharia labels. Therefore, this study aims to identify and investigate gold-based investments from an Islamic perspective. It is hoped that this research can contribute new findings and enrich existing literature regarding gold investment in Indonesia, providing benefits for Muslim investors and the Muslim community in general. This study used qualitative research methods. Semi-structured interviews were conducted with parties who offer gold-based investment products on a large scale. Additional data sources include documents and manuscripts from the National Sharia Council (DSN-MUI) as well as author analysis. These findings show that not all gold-based investments in Indonesia comply with sharia principles. Only gold murabahah conducted by Islamic banking institutions meets sharia compliance.

Methodological Procedure for Determining the Fatwa of the National Sharia Council (DSN) Indonesian Ulama Majelis (MUI) Concerning Islamic Economics and Finance

<p><em>Religious fatwas related to sharia economics and finance have great urgency and benefits for sharia economic and financial actors. The Qur'an and Hadith require detailed and analytical interpretation to explain the problems that arise, especially regarding zanni propositions. Fatwas issued by Islamic religious experts play an important role in responding to contemporary problems in accordance with social, scientific and technological developments. This research uses a normative legal approach with library research methods. This approach includes a study of the DSN-MUI Manhaj al-Ifta procedures and Manhaj al-Ifta which are the basis for determining fatwas related to sharia economic and financial issues. The DSN-MUI fatwa must comply with correct procedures and methodology (Al-Manhaj), avoid excessive (Ifrathi) and reckless (Tafrithi), and follow two main approaches: gradual (Tadriji) and voluntary (Tathawwu'i), and use a fiqh that provides solutions (Makharij Al-Fiqhiyyah). The principles of Manhaj Al-Ifta DSN-MUI include Taysir Al-Manhaj, Tafriq Al-Halal 'an Al-Haram, I'adat Al-Nazhar, and Tahqiq Al-Manath. Taysir Al-Manhaj emphasizes ease within the limits of legal rules, while Tafriq Al-Halal 'an Al-Haram separates the halal from the haram. I'adat Al-Nazhar revises the views of previous scholars which are no longer relevant, and Tahqiq Al-Manath emphasizes the analysis of the causes ('Illah) of law in a changing context. The DSN-MUI fatwa was made through Ijtihad Jama'i which involved various ulama and experts from various fields to ensure the honesty and truth of the fatwa. In this way, the DSN-MUI fatwa can meet the needs of sharia economic actors, provide solutions, and remain based on strong sharia.</em></p>

Knowledge, religiosity, and decision to use Sharia hospital services among residents in Central Java, Indonesia

The increasing tendency of society to apply Sharia principles in all aspects of life today is supported by the presence of Sharia hospitals that integrate Sharia values in administration, healthcare services, and patient care standards as regulated in the fatwa of the National Sharia Council (Dewan Syariah Nasional) No. 107/DSN-MUI/X/2016. Knowledge refers to everything known by an individual that can affect behavior. Meanwhile, religiosity is an individual's level of religious commitment that reflects the extent of belief in the values and expectations of the religion they adhere to or practice; in this study, it is the Muslim community. This research aims to examine the effect of the community's knowledge about Sharia hospitals and the religiosity of the Central Java community on their decision to seek medical treatment at Sharia hospitals. The research method used in this study was analytical observational with a cross-sectional study approach. Data was collected through direct questionnaires from the Central Java community using the snowball sampling technique. The research results indicate that knowledge and religiosity, both partially and simultaneously, affect the decision of the Central Java community to choose Sharia hospitals for medical treatment, with a p-value of 0,000. Partially, it is found that knowledge has an effect of 10,2%, while religiosity has an effect of 23% on the community's decision to seek medical treatment at Sharia hospitals. The conclusion of this study suggests that knowledge and religiosity significantly impact the Central Java community's decision to opt for Sharia hospitals for medical treatment.

Fatwa of the Wahdah Islamiyah Sharia Council regarding Guidelines for Friday Prayers during the Covid-19 Pandemic: An Academic Ijtihad Perspective

Fatwa of the Wahdah Islamiyah Sharia Council regarding Guidelines for Friday Prayers during the Covid-19 Pandemic: An Academic Ijtihad Perspective

ANALYSIS OF THE LEGAL PROVISION OF ISLAM AND THE MECHANISM OF LIFE INSURANCE

Islamic life insurance is a rapidly growing economic product in the Islamic economic environment. Although there are regulations and fatwas that regulate the mechanism and law of Islamic life insurance, scholars still have differing opinions about its permissibility. This paper aims to analyze Islamic fiqh about the law and mechanism of Islamic life insurance. The research method used is qualitative research with an empirical juridical approach. The analysis results show two main views among scholars regarding the permissibility of Islamic life insurance. Opinions allowing sharia life insurance refer to the principles of sharia and see it as a means of protection that can benefit the community. On the other hand, some opinions reject Islamic life insurance because it is considered to violate the fundamental principles of Islam, such as belief in God's destiny and avoidance of the elements of usury, gharar, and maisir. In the Indonesian context, the National Sharia Council (DSN) of MUI has issued fatwas and regulations related to the mechanism and law of Islamic life insurance. This fatwa is a solution to the two views of fiqh scholars and follows the principles of maqasid sharia.

Aktivitas Sukuk Ijarah Rasulullah, Masa Khulafa Ar-Rasyidin Masa Dinasti Umayyah pada Masa Dinasti Abbasiyyah

Sukuk is a long-term security based on sharia issued by the issuer to sharia loan holders, which requires the issuer to pay the sharia loan holder's income in the form of profit sharing/margin/premium and repayment of interest funds at maturity. This statement is the definition of sharia bonds according to the National Sharia Council (DSN) No.32/DSNMUI/IX/2002. In Indonesia, according to the fatwa issued by the National Sharia Council, one of the types of sukuk is ijárah sukuk. Ijárah sukuk is financing that uses the ijárah contract system, or securities containing financial contracts based on sharia principles, which are issued by the issuing corporation, government or other institutions which require the sukuk issuer to pay a certain amount of compensation to the sukuk owner.rent out property and pay off family fixed assets on time. There are three parties involved in the sukuk ijárah contract. These contracts are investment contracts, namely between investors (sukuk holders) and special purpose vehicles (SPV) or collective investment contracts, sale and purchase contracts between SPV/KIK and suppliers or sellers of assets (goods), and lease contracts (ijárah) or sale and purchase contract. purchase between SPV/KIK and company or property tenants. Issuing sukuk in the capital market requires preparation for sukuk issuance.

Analisis Istinbath Hukum pada Fatwa DSN-MUI No.147/DSN-MUI/XII/2021 Tentang Penyelenggaraan Jaminan Sosial Ketenagakerjaan Berdasarkan Prinsip Syariah

This study aimed to analyze the reason behind of istinbath related to BPJS fatwa. The type of research used by researchers is Normative Islamic Law research using secondary data. Meanwhile, the secondary data used is DSN-MUI Fatwa No. 147 of 2021 concerning implementation Employment social security is based on sharia principles, the nature of this research is descriptive qualitative with data collection through literature study. The result showed that analysis of Legal Istinbatı in the 2021 DSN-MUI Fatwa concerning the Implementation of Employment Social Security based on sharia principles, namely every contract contained in the fatwa This is permissible, on the basis of extracting standard laws owned by the National Sharia Council of the Indonesian Ulema Council, in which the DSN-MUI as a Fatwa institution established in Indonesia implements the concept of Istinbath. The law is Collective Ijtihad based on the Al-Qur'an and Hadith, ijma, Qiyas and other mu''tabar propositions Including other legal Istinbath methods such as Istihsan Istishab, "urf, Sadduz Zari ah. Qaoul Shohabi Istishlahi, Ilhaqi, Maqoshid Syariah, Masholih Mursaya and basic sharia principles related to social security.

Analysis of Fatwa Regarding Sharia Credit Cards and Their Relevance to the Development of Islamic Banking in Indonesia and Bahrain

This research aims to analyze fatwas on Sharia credit cards and their relevance to the development of Islamic banking in Indonesia and Bahrain. This qualitative study uses a text and context approach. The main data used are fatwas from DSN-MUI and the Sharia Supervisory Board of Bank Islam Bahrain regarding Sharia credit cards, supported by books, scientific articles, and reports on the development of Islamic banking. Data were collected through documentation techniques and analyzed using descriptive analysis. This study concludes that Sharia credit cards, as outlined in the fatwas of the National Sharia Council of the Indonesian Ulema Council (DSN-MUI) and the Sharia Supervisory Board of Bank Islam Bahrain (SSB-BIsB), are permissible as transaction tools based on legal principles, contract provisions, wage and service provisions, penalties, and limits in accordance with Sharia principles. Specifically, in Bahrain, fatwas must refer to the standards of the Accounting and Auditing Organization for Islamic Finance Institutions (AAOIFI). Currently, the use of Sharia credit cards in Bahrain is experiencing significant growth, while in Indonesia, public interest in using Sharia credit cards remains relatively low. The findings of this research can serve as policy studies for fatwa institutions and Islamic banking to enhance the growth of Sharia credit cards as a Sharia financing instrument for the public, particularly in Indonesia.

Analysis of Microfinancing in the Development of MSME Customers

Sharia banks primarily operate in accordance with Islamic law, which is based on concepts of fairness, balance, benefit, and the avoidance of prohibited aspects such as gharor, maisir, and usury. Bank Syariah Indonesia (BSI) is an exemplary sharia-compliant financial organization that offers financing and other services. It operates using sharia-compliant contracts that have been certified by the National Sharia Council. Microfinance has played a vital role in the financial sector since the early 1980s, with the goal of offering financial services to individuals and small and medium-sized enterprises who are economically disadvantaged. The primary focus is on achieving sustainable development by effectively managing and harmonizing the financial, social, environmental, and governance dimensions. The study employs a qualitative methodology to examine the impact of microfinancing on the development of micro, small, and medium enterprises (MSMEs), as well as the various forms of MSME development. The study examines the provision of funding by banks to businesses and self-employed individuals, with a focus on factors such as trust, agreements, duration, and associated risks. Financing has multiple purposes, such as encouraging commerce and economic activities, mitigating unemployment, allowing the movement of products and money, and fostering economic progress. MSMEs have a substantial impact on the Indonesian economy by making considerable contributions to the country's gross domestic product and employment rates.

The Obligation of The State to Realize Sharia-Compliant Certainty in Islamic Banking Financing

Introduction: Islamic banking is growing significantly and rapidly. The state needs its presence not only related to providing the right to freedom of religion but also ensuring that its implementation is following the provisions of sharia. Islamic banks have received a lot of criticism due to the existence of prohibited elements specifically in financing. Therefore, a supervision system for sharia compliance is needed.Purposes of the Research: This paper analyzes the basis and form of state obligations and their manifestation in ensuring compliance with Sharia principles in Islamic banking financing contracts in Indonesia. Because the State Financial Services Authority as the party with the authority in supervision has not reached the conformity of Sharia principles in the agreement as a private aspect.Methods of the Research: The problem analysis methodology involves legal research with a philosophical approach. The Statute Approach is conducted by reviewing applicable legal regulations, while the Analytical Approach involves analyzing legal principles and understanding through the examination of legal materials using techniques such as grammatical, teleological, and systematic interpretation.Results of the Research: The state is responsible for ensuring Sharia compliance in Islamic banking financing stems from the basic principles of Pancasila and the Constitution, as reflected in various laws, regulations, and fatwas of the National Sharia Council. These regulations serve as guidelines for sharia-compliant financing. However, legal certainty is needed in supervision and sanctions in implementing Sharia compliance.

Peran Aktif Masyarakat Terhadap Koperasi Syariah Di Kabupaten Pringsewu

Sharia cooperatives are a type of cooperative whose goals, principles and business activities are based on sharia principles. This principle refers to Islamic law which is based on fatwas issued by the National Sharia Council of the Indonesian Ulema Council. This research aims to determine the role of the community in improving sharia cooperatives in Pringsewu Regency. The study was conducted using a qualitative research study. The impact of sharia cooperatives can encourage people, especially business people, to achieve and develop the businesses they start. Sharia cooperatives focus on principles that do not involve the practices of usury, gharar and maysir. Through this approach, sharia cooperatives help keep us away from actions that are forbidden by Allah. One practice that must be avoided in sharia cooperatives is applying for capital loans to loan sharks.

The Influence of Views, Economics, and Knowledge on Accounting Students' Interest in Sharia Investment (Empirical Study of Accounting Students at STIE 45 Mataram)

Sharia Financial Institutions are based on the Al-Quran, Hadith and Ulama Ijtihad, in Indonesia sharia financial regulations are issued by the National Sharia Council of the Indonesian Ulema Council (DSN-MUI). This test aims to find out how much the dependent variable is influenced by individual independent variables.

Pendidikan Koperasi dalam Memahami Konsep Dasar Operasional Koperasi Syariah pada Koperasi Simpan Pinjam dan Pembiayaan Syariah Baitul Maal Wattamwil Forsitama Kabupaten Sleman Daerah Istimewa Yogyakarta

Sharia cooperatives in carrying out operations must be in accordance with sharia principles, this is the basic operational concept for Sharia cooperatives so that every business carried out does not conflict with Sharia principles so that it brings blessings to cooperative managers, members, and the community. This is what administrators and managers of Sharia cooperatives need to understand, namely through cooperative education, one of which is organized by the Sharia Savings and Loans and Financing Cooperative (KSPPS) Baitul Maal Wattamwil (BMT) Forsitama, Sleman Regency, Yogyakarta Special Region. The aim of implementing this cooperative education is to provide an understanding of the basic operational concepts of sharia cooperatives for administrators and managers of KSPPS BMT Forsitama, Sleman Regency, Special Region of Yogyakarta so that they are able to increase knowledge for managing sharia cooperatives. The method used in cooperative education is the lecture method which is assisted by showing visual material, followed by questions and answers and discussions to solve problems that arise, accompanied by solutions. Through this cooperative education, the administrators and managers of KSPPS BMT Forsitama, Sleman Regency, Yogyakarta Special Region have been able to understand the basic operational concepts of sharia cooperatives, namely using contracts. musyarak muwafadhah with the principle of ta'awun or mutual cooperation which refers to the sources of Islamic Law (the Al-Qur'an and Hadith), the Fatwa of the National Sharia Council of the Indonesian Ulema Council and the laws and regulations in force in Indonesia.

Evaluasi Transformasi Good Corporate Governance pada Bank Aceh Syariah

The Islamic banking sector has experienced significant development, offering various Sharia-compliant products such as Islamic savings, Sharia-based accounts, and Sharia deposits, emphasizing the need for a robust implementation of good corporate governance. This study aims to differentiate the disparities in applying good corporate governance at Bank Aceh Syariah before and after its conversion. This qualitative descriptive research focuses on Good Corporate Governance at Bank Aceh Syariah, utilizing secondary data such as the company's annual reports from the periods 2014-2015 (conventional) and 2018-2022 (Sharia). The results of the GCG self-assessment at Bank Aceh Syariah for the years 2014-2015 in the conventional operational system had an average GCG score of 1.86, which was better compared to the period of 2018-2022 in the Sharia operational system with an average GCG score of 1.90. This indicates that the implementation of Good Corporate Governance at Bank Aceh during conventional operations was superior compared to operations in the Sharia system. Post-conversion to the Sharia system, there is an additional organizational structure in the implementation of Good Corporate Governance with the establishment of a Sharia Supervisory Board, responsible for overseeing the bank's business activities aligned with the Fatwa of the National Sharia Council.

Dampak Penerapan Undang-Undang Nomor 23 Tahun 2011 terhadap Akuntabilitas Keuangan Pengelola Zakat

The financial statements of zakat managers must comply with applicable laws and regulations, namely PSAK number 109 which was declared not to conflict with sharia, and the fatwa of the Indonesian Ulema Council by the MUI National Sharia Council on August 16, 2011. So PSAK number 109 becomes the basic principle in carrying out accounting finance in zakat institutions. All zakat management organizations are required to implement it. The purpose of this study, of them is to analyze the extent to which zakat management organizations obey in preparing financial reports. This research is a type of qualitative research using case studies. The author examines a phenomenon that occurs in the field, namely the many Zakat Management Organizations that have not implemented PSAK number 109. This research is also normative juridical research, namely research that is focused on examining the impact of the implementation of Law number 23 of 2011 on the accountability of zakat managers (a case study of BAZNAS RI), the primary data source comes from the results of interviews, and all regulations related to zakat. Secondary data sources come from official websites, books, and journals. The results of this study indicate that, First, compliance with the preparation of zakat financial reports at zakat management organizations is not yet 100%, as evidenced by the large number of zakat managers who have not implemented PSAk No. 109 that must be implemented by zakat organizations, there are even organizations that have not made zakat financial reports. Second, there are two monitoring mechanisms, namely internal audit, and external audit. The three audits have an important effect on increasing the financial accountability of zakat managers.