Sharia Economy Research Articles

Philanthropy of Pesantren Towards Socio-Economic Welfare (Study At Markaz Bayt Al-Musaadah Social Institution, Mambaus Sholihin Gresik Islamic Boarding School)

Cases of misuse of social funds have slowed down welfare programs for the poor and dhuafa'. The establishment of Markaz Bayt Al-Musa'adah under Pesantren Mambaus Sholihin provides a breath of fresh air, with pesantren now required not only to produce a generation that understands religion, but also as a pillar of Islamic sharia economics. This research uses a qualitative method with a case study approach to explore the economic empowerment and management of philanthropic funds by Markaz Bayt Al-Musa'adah of Pesantren Mambaus Sholihin Gresik. This method involves in-depth data collection and various sources of information as well as participation in the field. The results show that Markaz Bayt Al-Musa'adah has implemented community economic empowerment through skills training programs and assistance to underprivileged students. The management of social funds is carried out transparently and accountably based on the principles of Islamic philanthropy, with managers working without taking profits, solely for the sake of Allah and the intention of khidmah to the caregiver.

ALTERNATIVE PROFIT-SHARING SYSTEM IN THE MUDHARABA SCHEME IN SHARIA BANKING PERSPECTIVE M. BAQIR AL-SADR

The profit-sharing system with a mudharaba scheme is an early concept of Islamic banking. However, mudharaba is starting to be abandoned by customers and sharia banks because it carries high risks. This research will discuss Muhammad Baqir al-Sadr's thoughts on the profit-sharing system in the mudharaba scheme. The method used is descriptive qualitative by taking primary data sources in the form of a book written directly by al-Sadr entitled: Al-Bank al-Laribawi fi al-Islam. This research found several results, namely: (1) the profit-sharing system in al-Sadr's version of the mudharaba scheme is different from the mudharaba concept in general. This research further shows al-Sadr's prominence in the field of sharia economics, because al-Sadr also has an original concept about Islamic banking. (2) This research found that al-Sadr's thoughts have significance for efforts to develop sharia banking in the future, especially regarding strengthening moral values in the relationship between sharia banks and customers. (3) This research further shows al-Sadr's prominence in the field of sharia economics, because al-Sadr also has an original concept about Islamic banking.

Kepastian Hukum Transaksi Dengan Menggunakan Mata Uang Dinar Dan Dirham Dalam Pendekatan Hukum Pidana Di Indonesia

Legal certainty related to transactions using Dinar and Dirham currencies in the criminal law approach in Indonesia. Based on Law No. 7 of 2011 on currency, Rupiah is the only legal tender in Indonesia. The use of currencies other than Rupiah, including dinars and dirhams, is not legally recognized and has the potential to violate criminal provisions, such as those related to fraud or forgery. However, this phenomenon also involves social and cultural dimensions, especially in communities based on sharia economics, where dinars and dirhams are considered as means of transaction that are more in line with Islamic principles of justice and ethics. Overly repressive law enforcement can generate resistance in society, so more inclusive legal reforms and adjustments are needed. By promoting dialogue and collaboration between policy makers, business actors, and the community, it is expected to create a legal system that is fair and responsive to social needs and is able to maintain legal stability in Indonesia . From the research results, the transfer of receivables by Cessie by the creditor in the event that the debtor fails to pay the third party mortgage guarantee does not comply with the applicable provisions as regulated in Article 613 of the Civil Code and Law of the Republic of Indonesia Number 4 of 1996 concerning Mortgage Rights. Form legal protection for third parties by filing a lawsuit before or during the execution process. The government, stakeholders and related parties are expected to make changes to Law of the Republic of Indonesia Number 4 of 1996 concerning Mortgage Rights over Land and Objects related to Land, by accommodating third party protection which is explicitly regulated in guaranteeing rights to land, these regulations do not clearly regulate the rights and obligations of third parties so they cannot provide legal protection for collateral owners. The results of this study that legal certainty related to transactions using dinars and dirhams, as done by Zaim Saidi, in the approach of Indonesian criminal law is a violation of Article 9 of Law No. 1 of 1946 on Criminal Law regulations in conjunction with Law No. 7 of 2011 on currency. Enforcement of these transactions can be carried out through the application of criminal sanctions, since the use of currencies other than Rupiah for payment purposes is not justified by law. In addition, the low legal awareness of the public in using the Rupiah as a legal tender also became an important factor in this case.

The Impact of Social Media Influencers On Personal Finance And Investment Decisions

This research aims to explore the impact of social media influencers on the personal financial behavior and investment decisions of Sharia Economics Study Program students at IAI Uluwiyah Mojokerto. The focus of this research is to understand motivations for following financial influencers, changes in financial behavior after following influencers, and reasons for choosing sharia-based investments. This research uses a phenomenological method with a case study approach. Data was collected through in-depth interviews with students who follow financial influencers on social media. Data analysis was carried out using coding techniques to identify the main themes that emerged from participants' experiences. The research results show that students are motivated to follow financial influencers because they are looking for information and education, inspiration, and the influencer's credibility. After following influencers, students show increased savings discipline, reduced consumer spending, and wiser investment decisions. Students choose sharia investments because of adherence to religious principles, transparency and fairness, as well as the potential for competitive profits.

The Contestation of Legal Foundations in the Resolution of Islamic Economic Disputes in Religious Courts

Prior to the issuance of Supreme Court Regulation No. 2 of 2008, judges in Sharia economic dispute cases primarily relied on legal sources from kutub al-turāṡ (classical fiqh texts), including those pertaining to fiqh al-qadā’ (jurisprudence on adjudication). However, following the implementation of this regulation, some judges have continued to incorporate the Civil Code in their legal reasoning. This article seeks to examine the legal framework for resolving Sharia economic disputes in Indonesia. The theoretical foundation applied by the author is Lawrence Meir Friedman’s legal system theory. This study employs a normative legal approach to explore the legal system governing Sharia economic justice in Indonesia’s Religious Courts. It examines decisions from the Religious Courts in Purbalingga, Banyumas, and Purwokerto, focusing on rulings made both before and after the issuance of the Supreme Court Regulation on the Compilation of Sharia Economic Law (KHES), as well as five decisions from 2018-2019. The study’s findings reveal that the legal framework for Sharia economic dispute resolution in Indonesia has adequately addressed community needs, with the Religious Courts holding exclusive jurisdiction over these matters. However, there is an ongoing contestation between Islamic legal sources and civil law, which is rooted in Dutch law, in the decisions analyzed. Moreover, the absence of a Compilation of Islamic Economic Procedure Law based on Islamic Law has contributed to the suboptimal implementation of legal substance and culture. As a result, according to Friedman’s legal system theory, the legal framework for resolving Islamic economic disputes has not yet functioned effectively from the perspective of Islamic law.

Tolerance And Peace As Enhacing Factor In Sharia Economic Growth

This study investigates the relationship between tolerance, peace, and sharia economic growth through a literature review approach. The focus is on understanding how tolerance and peace play roles as an enhancing factor in Sharia economic growth. High tolerance and maintained peace are considered crucial in creating a conducive environment for the development of a Sharia-based economy. Through a literature review, it was found that tolerance opens up opportunities for financial inclusion and investment in the Sharia economy, while peace provides the stability necessary for sustainable economic growth. The results of this study are expected to provide deeper insights into the importance of tolerance and peace in strengthening the Sharia economy, as well as provide a foundation for further research in this field.

Complexity of Sharia Economic Problems

This research employs a qualitative approach through literature review and juridical analysis to examine the complexities and challenges in the application of Sharia economics. The literature review involves a comprehensive analysis of existing academic and regulatory texts, focusing on the principles of Sharia economics such as the prohibition of riba, gharar, and maysir. The juridical analysis is conducted to explore the legal frameworks and interpretations that influence the implementation of Sharia economics in different jurisdictions. By identifying key regulatory barriers, differences in legal interpretation, and the low level of public literacy on Sharia finance, this study aims to highlight the gap between theory and practice. Additionally, the research considers social, cultural, and policy factors that impact the sector's development. The findings of this study are expected to provide strategic solutions for advancing more inclusive, fair, and sustainable Sharia economic policies.

Pemeriksaan Setempat (Descente) Terhadap Anak dalam Sengketa Hak Asuh Anak: Analisis Putusan Hakim di Lingkungan Pengadilan Agama di Indonesia

Descente or site visit are usually carried out on material cases, such as inheritance cases, joint property, sharia economics and so on, with the aim of avoiding difficulties in carrying out the execution of decisions at a later date. However, in several decisions, site visit were also found in cases other than material things, including in disputes over child custody or hadhanah by examining Decision Number 1063/Pdt.G/2022/PA.Tgm, Decision Number 627/Pdt.G/2023/ PA.Prw and Decision Number 585/Pdt.G/2020/PA.Ppg. This research is normative legal research or library research with a conceptual approach which examines primary data from several judicial decisions in Indonesia such as the Tanggamus Religious Court, the Pringsewu Religious Court and the Pasir Pangaraian Religious Court. The results of the research show that the implementation of site visit of children is the same as site visit of material cases and there are two reasons why the panel of judges conducts site visit of site visit of these cases, namely: directly ensuring the objective condition of the child and the child's growth and development and also ensuring environmental conditions. around the child in order to realize the best interests of the child. Site visit of children, apart from fulfilling the best interests of the child, also fulfills the objectives of Islamic law in maqāṣid asy-syarīah, namely hifz al-nafs or soul.

Pengaruh Trend Fashion dan Gaya Hidup terhadap Perilaku Konsumtif pada Mahasiswa Fakultas Ekonomi dan Bisnis Islam IAIN Kerinci

The aim of this research is to determine the consumptive behavior of IAIN Kerinci Islamic Economics and Business students as consumers in relation to fashion trends and lifestyle choices. The quantitative data collection procedure for this research is in the form of a questionnaire. Participants in this research were students from the class of 2020 from the 2020 sharia economics study program. The analysis method used traditional hypotheses, t tests, coefficients of determination, and the use of multiple linear regression analysis. The results of this research show that simultaneously and partially there is a significant influence between fashion trend and lifestyle variables on the consumptive behavior of students at the Faculty of Economics and Islamic Business, IAIN Kerinci, amounting to 80.3%.

Sharia Economic Dispute Resolution: Case Study in the Religious Court of JAKPUS Related to Murabahah

This research aims to analyze the resolution of sharia economic disputes in case studies at the Central Jakarta Religious Court regarding Mudharabah. The method used is descriptive qualitative by studying related sources. The results of this research are that resolving sharia economic disputes related to murabahah in the Religious Courts requires a careful approach. The results of this research are that sharia economic dispute resolution provides better legal protection for the parties, and strengthens public trust in the sharia economic justice system. It is proven that the public prefers the Religious Courts which have executorial rights compared to the National Sharia Arbitration Board (BASYARNAS)

Use of Akulaku Paylater in Islamic Economics (Study on Students of Sharia Economics Study Program, Faculty of Islamic Economics and Business, Sulthan Thaha Saifuddin State Islamic University, Jambi)

This research aims to explore how people in the Islamic economy feel about the Akulaku app's PayLater feature. And to get a breakdown of how Akulaku PayLater is being utilised. The methodology of this study is qualitative. This research uses observation, interviews, and documentation to gather information. While data visualisation and reduction are used for analysis. According to the findings of this research, Akulaku users can benefit from the convenience of Akulaku PayLater's on-time payment options by taking advantage of the company's bailout funds. Akulaku PayLater continues to impose unnecessary costs on its customers by charging interest on past due balances and other fees with every purchase. The Qardh and Prohibition of Transactions in the Islamic economy state that akulaku PayLater is not permitted because it contains elements that are detrimental to the user, so the app's use is prohibited if it is banned in the Islamic economy.

Pelimpahan Kekuasaan Dalam Jual Beli Tanah Kavling Tanpa Sertifikat Prespektif Hukum Ekonomi Syariah

Delegation of power states that the transfer, delegation, or granting of a mandate carried out by one person to another. In this delegation of power, problems often occur due to irresponsible parties. Therefore, this study formulates the main problem as follows: how is the delegation of power in the sale and purchase of land plots without certificates on Jalan Taqwa Mata Merah, Palembang. The purpose of this study is to examine the delegation of power in the sale and purchase of land plots without certificates from the perspective of Sharia Economic Law. This study is an empirical legal study. Data sources consist of primary data and secondary data. Primary data were obtained through interviews with informants. The results of the study indicate that problems in the delegation of power in the sale and purchase of land plots without certificates occur because they are carried out verbally. This delegation of power in the perspective of Sharia Economic Law is called the wakalah bil ujrah contract to obtain. The delegation of power that occurred in this case is not in accordance with the wakalah bil ujrah contract and is detrimental to the parties in the sale and purchase of land plots.

Analysis of Islamic Law on Sharia Economic Disputes (Studies UU No.3/2006 and UU No.50/2009)

The emergence of sharia economic disputes cannot be separated from differences in interpretation of the sharia understanding of contractual transactions. Default arises because there is a breach of agreement between the two parties so that they cannot find a solution. Islamic law exists to provide solutions to economic problems that occur, either through courts or without courts. The birth of Law no. 3 of 2006 wants to emphasize the function of religious courts in sharia economic disputes without conflicting with Law no. 50 of 2009 concerning disputes faced by not a Muslim. Sharia economic disputes faced so far can be returned to applicable Islamic law.

Analysis of the Practice of Buying and Selling Household Appliances in Accordance with Sharia Economic Law

This research discusses early billing that is not in accordance with the escort agreement according to sharia economic law. Using a descriptive qualitative method of interview as a primary data source, the research found that there is a practice of the seller billing the buyer early, namely every 10th of the month of the agreement, the billing should be agreed upon on the 25th. 2. Analysis of the practice of buying and selling household appliances according to sharia economic law in the city of Subulussalam is not valid, because the terms and conditions of buying and selling have not been fulfilled. Because it is not in accordance with the initial agreement that has been mutually agreed between the seller and the buyer.

The Understanding of Electrical and Computer Engineering Students to Translate Sharia Economic Texts Via Google Translate

The potential of Islamic economics to develop in Aceh where Islamic culture and values ​​are very large and strong. Therefore, even though electrical and computer engineering students do not specifically study Islamic economics courses but live in Aceh, it is important to know the insight into Islamic economic texts. Google translate is very helpful in translating texts with nuances of sharia economics in Aceh to electrical and computer engineering students. This research was a descriptive-qualitative. The data used as a test comes from the abstract of an article by Ode and Hamizar (2024) entitled "Quantitative Analysis of the Relationship between Income and Welfare of Tuna Fishermen from the Perspective of Sharia Finance" which title is themed on sharia finance which is needed to determine the abilities of electrical and computer engineering students so that they can have insight related to the sharia economic system where this system is implemented in Aceh where they live. It can be concluded that electrical and computer engineering students can understand the interlingual translation of abstracts related to Islamic economics in English into Indonesian via Google Translate.

Perspective of Sharia Economic Law and Positive Law for Non-Cash Payment Qris Users in Indonesia According to The SDG

Objective: In the practice of digital payment method transactions using QR codes, it is necessary to be careful about counterfeiting QR codes by parties who violate the law or are irresponsible. Theoretical Framework: This research aims to explain and analyze legal protection for consumers in non-cash payment transactions based on QRIS (Quick Response Code Indonesian Standard) Positive Legal Perspective and Sharia Economic Law Perspective with a normative juridical approach. Method: In this research the author uses a statutory approach in carrying out normative research. This approach relies on various legal bases studied, which in this case relate to regulations regarding legal protection for consumers in QRIS (Quick Response Code Indonesian Standard) based non-cash payment transactions, Positive Law and Sharia Economic Law Perspectives. Results and Discussion: Research results Analysis of Legal Protection for Consumers in Non-Cash Payment Transactions Based on QRIS (Quick Response Code Indonesian Standard) Positive Legal Perspective relates to preventive legal protection, apart from the general regulations regarding consumer protection contained in the Consumer Protection Law no. 8 of 1999, for QRIS consumers there are significant regulations that govern. Bank Indonesia has issued Regulations for Members of the Board of Governors 21/18/PADG/2019 concerning Implementation of the National Standard Quick Response Code, Bank Indonesia Regulation Number 22/20/PBI/2020 concerning Bank Indonesia Consumer Protection, Bank Indonesia Regulation Number 18/40/PBI/ 2016 concerning Implementation of Payment Transaction Processing, Bank Indonesia Regulation Number 20/6/PBI/2018 concerning Electronic Money. Research Implications: Then, based on the Sharia Economic Law Perspective, it is reviewed from the sadd dzari'ah theory regarding the collection of personal data, which was originally permitted because it contained benefits, but in terms of the goals to be achieved, it could potentially end in loss and harm if there was no protection from the Government. Originality/Value: Efforts to protect personal data are very important because if it is not regulated by law, there is a possibility of personal data being leaked. Therefore, it is potentially dangerous when the protection of personal data is not regulated in law which is very detrimental to consumers due to the risk of unintentional breaches.

Tanggungjawab Atas Kerugian pada Kerja Sama Usaha Ternak Ayam Boiler dengan PT. Japfa Comfeed Ditinjau dari Kompilasi Hukum Ekonomi Syariah: Studi Kasus di Dusun Kerpai Kecamatan Selesai Kabupaten Langkat

This case began with the implementation of boiler chicken cultivation cooperation between PT. Japfa Coveed with its cooperation partners. PT. Japfa Comveed has entered into a cooperation agreement with partners, one of which is to support the health and quality improvement of the chicken. In fact, the agreement was not implemented at all and only demanded sales targets. In this study, the author formulated a study on the implementation of the shirkah contract in the risk sharing agreement between PT Japfa Comfeed and partners in Kerpai Hamlet, Finish District, Langkat Regency, the factor that PT Japfa Comfeed does not want to be responsible for the partners that occur in Kerpai Hamlet, Finish District, Langkat Regency, and the responsibility for the losses made by PT Japfa Comfeed to partners in boiler chicken cultivation reviewed from the Compilation of Sharia Economic Law in Kerpai Hamlet, Selesai District, Langkat Regency. This study uses an empirical method. The empiric method is a research method that uses data from the field and direct research to get accurate data. This empirical research is used to make it easier for writers. The results of this study prove that the responsibility carried out by PT japfa Comfeed itself is not in accordance with Kompilasi Hukum Ekonomi Syariah (KHES). This is because Japfa Comfeed itself deliberately reduces its obligations to its partners by not fulfilling the responsibilities that have been previously agreed. This is done to reduce partial losses felt by the company. This accountability has never been carried out by PT Japfa Comfeed so that as a result partners suffer losses ranging from inappropriate chicken weights, health conditions of cages and shirkah objects, to not being able to compete in the regional and regional markets.

Sharia Economic Bankruptcy Law (al-Taflis) and the Dualism of Court Competency in Indonesia

Since Religious Court Law was amended by Law No. 3 of 2006, every sharia economic case is stipulated as the competency of the Religious Court. Conversely, Bankruptcy Law No. 37 of 2004 has never been synchronized with the amended Religious Courts Law. Therefore, the competent court does not handle sharia economic bankruptcy (al-taflis) cases. This study aims to ensure that al-taflis can be examined based on sharia economic principles by the most appropriate judicial forum. It is normative legal research using primary and secondary legal materials such as court decisions, statutory, books, journals, reports, and internet sources, then analyzing and synchronizing to get an ideal formula regarding how al-taflis cases are settled in court. The result shows that al-taflis is appropriately stipulated as the absolute competence of Religious Courts. Case studies of al-taflis court decisions settled by the Commercial Court so far, also indicate that sharia principles are not sufficiently considered in the decisions, even ignored. Therefore, it is urgent to make synchronization efforts by amending the Bankruptcy Law until it can accommodate the settlement of al-taflis case through Religious Courts. Otherwise, it will be only a utopian sharia economic bankruptcy law

Journal Implications for the Decision of Sharia Economic Case Number 5K/Ag/2023

Islamic economics is experiencing a rapid expansion, which may lead to inevitable conflicts. In Indonesia, the religious court is the authorized legal institution designated to resolve financial disputes related to Sharia law. Religious courts are authorized to settle financial disputes related to sharia in accordance with Law No. 7 of 1989 regarding Religious Courts and Law No. 3 as of 2006. The aim of this study is to gain a deeper understanding of the resolution of default disputes through the Supreme Court's decision titled "Implications for Arguments and Considerations in the Decision on Sharia Economic Disputes Number 5K/Ag/2023". A descriptive qualitative method was employed to conduct this research. This methodology focuses on collecting data and conducting in-depth analyses to comprehend the studied phenomenon. The findings of this study indicate that the decision of the judex facti/mahkamah sha'riyah Aceh is in accordance with the law, and therefore the cassation petition filed by the appellant must be denied. Objective analysis shows that the case was handled lawfully, without any violation of legal regulations or principles.Keywords: Sharia Economic Law, Religious Courts, Case Law

Analysis of Overpayment Practices in Arisan with the Principles of Sharia Economic Law

Analysis of Overpayment Practices in Arisan with the Principles of Sharia Economic Law