Mu'amalat: Jurnal Kajian Hukum Ekonomi Syariah

IMPLEMENTATION OF AS-SULUH AS AN ALTERNATIVE SHARIA BUSINESS DISPUTE RESOLUTION IN INDONESIAN LEGISLATION

2024-12-26T04:16:23+00:00

This research aims to explain the application of the as-sulh concept contained in the study of Islamic law in the form of sharia business dispute resolution in accordance with the context of existing laws and regulations in Indonesia. The research method used in this research is normative-descriptive with a statute approach. The findings of this research are that the as-sulh principle emphasizes the principle of peace carried out in a wider scope, both in terms of politics, family and business relations. Meanwhile, in the legal system in Indonesia, the concept of as-sulh is known in the form of alternative dispute resolution (ADR) in the form of consultation, negotiation, mediation, reconciliation and expert opinion with characteristics that are different from each other.

TINJAUAN HUKUM EKONOMI SYARIAH TERHADAP SEWA MENYEWA TANAH SECARA BERUNTUN DI DESA TAMAN SARI KECAMATAN GUNUNG SARI KABUPATEN LOMBOK BARAT

2024-12-21T12:05:36+00:00

This study aims to explain the practice of consecutive land leases in Taman Sari Village, Central Lombok Regency in the perspective of Islamic economic law. The research method used in this study is field research with a qualitative approach. While the research findings, In practice, consecutive land leases carried out by land owners and tenants are carried out directly with an unwritten agreement pattern, but only verbally. In the event that an agreement has been made and mutually agreed upon, the tenant has the right to use the land according to his wishes with a period of time that has been mutually agreed upon. While the principle of ijarah (rent) in Islam. When the lease period ends, the land that has been used will automatically return to the landowner without redemption or payment of the rental fee that has been issued by the tenant being returned. The tenant is also not allowed to re-rent goods that are not his own to other people.

GAYA HIDUP MASYARAKAT DAN MINAT BELI PAKAIAN BEKAS (THRIFT) DALAM PERSPEKTIF EKONOMI ISLAM

2024-12-26T04:44:09+00:00

This research investigates the evolving lifestyle trends that have influenced consumer preferences for secondhand clothing, commonly known as “thrift.” The study aims to comprehend how lifestyle choices and costumer interests contribute to the practice of thrifting within the community, while also exploring the Islamic economic perspective on these lifestyle choices and consumer interests related to secondhand clothing utilization (thrift). Employing a qualitative research approach, the study focuses on observasing and analyzing thrifting activities at the Panorama Market in Bengkulu city as its research context. The findings reveal that lifestyle plays a pivotal role in shaping consumer interest in secondhand clothing, with community lifestyle choices exerting a positive influences on this interest. Primary factors driving this interest include affordability considerations, the reliability of product quality, alignment with fashion trends, social influence from the thrifting, community, and positive purchasing experiences. Furthermore, the Islamic economic perspetive offers valuable insights and guidance in understanding this phenomenon.

TANTANGAN AKAD KAFALAH SEBAGAI INSTRUMEN PENJAMINAN KREDIT SYARIAH

2024-12-26T05:01:37+00:00

This research aims to analyze the effectiveness of the kaf?lah contract as a credit guarantee instrument in sharia financial institutions in Indonesia, as well as identifying the challenges faced in its implementation. The method used is a qualitative approach with library research techniques, where researchers collect and analyze various relevant literature sources, including books, journal articles and related legal documents. The research results show that the kaf?lah contract functions as a solution for customers who do not have conventional collateral, by emphasizing the principles of mutual assistance and collective responsibility in accordance with sharia values. Other than that, this agreement could improve financial inclusion, particularly for MSMEs, which frequently face barriers to loan availability. Implementing the kaf?lah contract is still hampered by issues like the general public's poor comprehension of it and the requirement for stricter and more precise laws. In order for kaf?lah contracts to assist sharia economic growth in Indonesia, comprehensive research and efforts are required to improve knowledge and preparedness of sharia financial institutions. It is intended that this study would further the theory and application of credit guarantees in Islamic financial institutions and offer suggestions for further advancements.

PRAKTIK JUAL BELI IKAN DAN PROBLEMATIKA PENAKARANNYA DI PASAR SAYANG-SAYANG PERSPEKTIF HUKUM EKONOMI SYARIAH

2024-12-26T05:23:48+00:00

This research was motivated by the large number of traders at the Sayang- Sayang market who sell fish but some of them still do not fulfill the terms and conditions of buying and selling. Such as reducing the weight of fish scales so that one party suffers a loss because they are not honest in their buying and selling transactions. The focus studied in this thesis is (1) What are the factors that cause sellers to cheat in fish buying and selling measurements? (2) How does sharia economic law review the practice of buying and selling fish?

The type of research used in this research uses qualitative research. The data collection methods used were observation, interviews and documentation. The analytical method used is qualitative analysis in the form of data reduction, data display, and drawing conclusions. The results of the research show (1) The factors that cause traders to cheat in buying and selling fish using a measuring system are lack of knowledge and understanding regarding appropriate scales, lack of socialization from the government, lack of public awareness of the role of religious figures regarding scales that are in accordance with Islamic law. (2) the practice of buying and selling fish using this measuring system partially meets the requirements for legal buying and selling. However, there are also some who have not fulfilled it. One of the buying and selling conditions that has not been fully fulfilled in the practice of buying and selling fish using this measuring system is the lack of clarity in the goods being traded in terms of substance, form and level.

BISNIS KOMODITAS TERLARANG DALAM PERSPEKTIF ETIKA BISNIS HUKUM EKONOMI SYARIAH

2024-12-26T05:30:53+00:00

The rapid growth of the business world brings significant challenges in terms of legality and morality, particularly regarding the trade of prohibited commodities. Although such businesses are considered illegal in many countries, their circulation continues to expand. The trade in prohibited commodities, such as drugs, alcoholic beverages, and other forbidden products, not only violates national laws but also contradicts the principles of Sharia economic law. This study aims to examine how Sharia economic law views the trade of prohibited commodities from an ethical perspective and how Islamic norms can uphold moral principles and justice in global trade. The research employs a qualitative method with an in-depth literature review approach, drawing on various references related to commodity trade and Sharia economic law. The findings indicate that Sharia economic law emphasizes the importance of justice, welfare, and the prohibition of harmful practices such as usury (riba), uncertainty (gharar), and gambling (maysir). Any form of trade containing elements of harm (mafsadat) to society is prohibited in Islam. In conclusion, the Sharia economic law approach offers a strong ethical foundation to prevent the circulation of prohibited commodities and encourages the establishment of a more just and moral economic system.