Muamalat: Jurnal Kajian Hukum Ekonomi Syariah <p style="text-align: justify;">Muamalat: Journal of Sharia Economic Law (p-ISSN: 2088-0537 | e-ISSN: 2686-5262) is a scientific journal, peer review, and open access published by the Sharia Economic Law Study Program, Faculty of Sharia, Universitas Islam Negeri Mataram.</p> <p style="text-align: justify;">This journal aims to be an open-access journal platform that publishes and disseminates ideas and research on Sharia Economic Laws such as Contracts in Islamic Business Transactions, Islamic Business Ethics, Sharia Economic Thoughts, Economic Institutions, and forbidden halal economic transactions based on Sharia Economic Law.</p> <div><strong>Journal Title</strong><strong>:</strong> Muamalat; Jurnal Kajian Hukum Ekonomi Syariah</div> <div><strong>Initial</strong><strong>:</strong> Muamalat / MU</div> <div><strong>Frequency</strong><strong>: </strong>2 issues per year</div> <div><strong>DO</strong><strong>I:</strong> <a href=""></a></div> <div><strong>Print ISSN</strong><strong>: </strong> <a href=";1297830801&amp;1&amp;&amp;2011">2088-0537</a></div> <div><strong>Online ISSN</strong><strong>: </strong><a title="Online Jurnal" href=";1566439181&amp;1&amp;&amp;" target="_blank" rel="noopener">2686-5262</a></div> <div><strong>Publisher: </strong><a href="">Departement of Sharia Economic Law (Muamalah) Faculty of Syariah UIN Mataram</a></div> Universitas Islam Negeri Mataram en-US Muamalat: Jurnal Kajian Hukum Ekonomi Syariah 2088-0537 ANALISIS CROWDFUNDING SYARIAH BERDASARKAN PRINSIP SYARIAH COMPLIANCE SERTA PENERAPANNYA PADA PRODUK PERBANKAN SYARIAH <p><em>The presence of Financial Technology is a concrete manifestation of economic development in the digital era. One form of fintech development is the emergence of crowdfunding which is accessed via an internet network connection. The purpose of this research is to find out the implementation of the sharia crowdfunding method from the point of view of sharia compliance in Indonesia. The method used in this study is qualitative by using an empirical juridical approach. The results of this study conclude that the application of the sharia crowdfunding method to real sector economic transactions is in accordance with sharia principles, meaning that the sharia crowdfunding method is permissible according to Islamic law. The interrelated parties in this crowdfunding are the organizers, initiators and investors or donors as well as the Sharia Supervisory Board as the supervisory institution for the implementation of sharia crowdfunding. The application of crowdfunding in the development of Islamic banking products must be in accordance with sharia principles, namely avoiding the elements of magrib (maisir gharar and usury). The development of crowdfunding-based Fintech has grown rapidly in Indonesia so that special regulations are needed to regulate this so that unwanted things do not occur.</em></p> Fahmi Makraja Abdul Mujib Copyright (c) 2023 Fahmi Makraja, Abdul Mujib 2023-12-08 2023-12-08 15 2 87 98 10.20414/mu.v13i2.7266 PERLINDUNGAN KONSUMEN DAN PENERAPAN ASAS MASHLAHAH DALAM PRAKTEK JUAL BELI PAKAIAN BEKAS DI KOTA MATARAM <p><em>The rise of the practice of selling used clothing today as an alternative to fulfilling casual needs at a relatively low cost is quite attractive to various groups. On the other hand, the practice of selling used clothing often causes problems for consumers as a result of the absence of adequate information regarding the origin and quality of the goods sold, so that consumers get clothes that are basically unfit for use without prioritizing the principle of benefit (mashlahah). This research uses normative legal research methods, namely by examining existing legal norms in consumer protection laws and provisions of related legislation and their derivatives using a statutory approach, case approach, and conceptual approach. The results showed that the practice of selling used clothing was not carried out in accordance with the provisions of the applicable laws and regulations and tended to ignore consumer protection and could not guarantee the realization of benefits (mashlahah) in the sale and purchase practice.</em></p> Nasrullah Nasrullah Mega Trikayanti Copyright (c) 2023 Nasrullah, Mega Trikayanti 2023-12-08 2023-12-08 15 2 99 114 10.20414/mu.v13i2.7601 PERAN BAZNAS DALAM MENINGKATKAN EKONOMI UMAT: STUDI LITERATUR <p style="text-align: justify;"><em>This article discusses the role of BAZNAS in Indonesia in improving the people's economy. This article is guided by one problem question, namely what is the role of BAZNAS in improving the people's economy? The research method used in this study is an internet-based literature study, namely the Google Scholar database. The types of literature collected in this study are limited to articles in scientific journals, which were published in the 2016-2022 period. The articles that have been downloaded are then entered into the Mandeley software, then imported into the Nvivo software, to be studied and analyzed, resulting in a concluding answer to the research questions posed. The researcher found that the main themes regarding the role of BAZNAS in improving the people's economy are: first, the general role; second, a special role. The special role of BAZNAS includes four sub-themes while the general role of BAZNAS includes three sub-themes. The special roles of BAZNAS are: 1) increasing mustahik capital; 2) encourage economic growth; 3) increasing mustahik's income; and 4) spreading the values of zakat. Meanwhile, in general, BAZNAS plays a role in: 1) fulfilling the right to health; 2) fulfillment of the right to education; 3) provision of social assistance. The contribution of this study is to map previous studies regarding the role of BAZNAS in Indonesia in a broader context, so that it can be followed up in the form of field research, based on recommendations from the results of this study.</em></p> Nilal Fauza Copyright (c) 2023 Nilal Fauza 2023-12-08 2023-12-08 15 2 115 128 10.20414/mu.v15i2.9043 PENYELESAIAN SENGKETA AKAD MUDHARABAH MELALUI PENGADILAN AGAMA YOGYAKARTA (STUDI KASUS PUTUSAN NOMOR 193/Pdt.G/2021/PA.YK) <p><em>Dispute resolution in the context of mudharabah contracts is important in the sharia financial system. The Yogyakarta Religious Court has a central role in resolving this kind of dispute in accordance with the principles of Islamic law. This study aims to analyze the decision of the Yogyakarta Religious Court with case number 193/Pdt.G/2021/PA.YK. related to resolving mudharabah contract disputes. In this decision, the Yogyakarta Religious Court based its decision on the principles of Islamic law, including the principles of justice, fulfillment of the rights of the parties, and relevant sharia considerations. The Yogyakarta Religious Court also considers the validity of the contract, the agreement between the parties, and the evidence presented at the trial.</em></p> Habibullah Copyright (c) 2023 Habibullah 2023-12-08 2023-12-08 15 2 129 144 10.20414/mu.v15i2.8658 TRANSAKSI CRYPTOCURRENCY PERSPEKTIF USHUL FIQH <p><em>Cryptocurrency is a digital or virtual currency, which does not have a physical form like fiat money. This crypto currency can only be used through devices such as PCs, laptops, smartphones and other devices that connected to the internet. There are several advantages in a crypto system that uses blockchain system, such as transaction security, convenience, speed and can be used across countries and continents, however cryptocurrency which is currently circulating also still have weaknesses, including there is No. supervisory authority, even many countries have disagreements over the legality of this cryptocurrency. The debate about pro and contra regarding to the use of cryptocurrency becomes dynamics among the experts including the scholars who have study from Islamic point of view. This reseach aims to examine the dynamics of using cryptocurrency from ushul fiqh point of view, where the methods which used in this research are al-qur’an, al-Hadits, Qiyas and Sad-Adzariyah. Basically the use of cryptocurrency is allowed to meet cetain conditions that is by removing batil elements as in Quran surah An-Nisa verse 29, those batil elements are gharar and mayshir. Moreover, cryptocurrency must also has clear legality in a country for security in their use.</em></p> Denis Rachmaditya Copyright (c) 2023 Denis Rachmaditya 2023-12-08 2023-12-08 15 2 145 158 10.20414/mu.v15i2.7496 ANALISIS POJK No.1/POJK.07/2013 TERKAIT PERLINDUNGAN KONSUMEN DALAM ASPEK JASA KEUANGAN TERHADAP TELEMARKETING ASURANSI DI BNI LIFE SYARIAH <p><em>The digital era continues to develop following its times, this is no exception for insurance institutions at BNI Life Syari'ah. The presence of telemarketing innovation is proof that insurance at BNI Life Syari'ah has grown rapidly in cooperating with technology. This research is a type of literature research that utilizes essential and tertiary information dissected with a descriptive approach. The results of the research are first, the telemarketing strategy carried out by BNI Life Syari'ah is mostly in accordance with the regulations in the OJK because the practice has been considered according to the standards in the POJK, despite the fact that there are some things that are not in accordance with OJK rules no. 1 / POJK.07 / 2013, Second, there are still many statements from customers that they are often contacted by telemarketers outside working hours, So many customers feel upset. In accordance with the conclusions above, it is hoped that BNI Life Syari'ah can streamline its telemarketing strategy. In addition, more efforts are made to pay attention to the marketing point of view because this system will be considered bad if it is felt that many of the customers feel aggrieved and even deceived.</em></p> Sifak Saifuddin Ahmad Abdul Mujib Copyright (c) 2023 Sifak Saifuddin Ahmad, Abdul Mujib 2023-12-08 2023-12-08 15 2 159 172 10.20414/mu.v15i2.7377 TINJAUAN HUKUM ISLAM TERHADAP TRANSAKSI JUAL BELI BUAH PEPAYA CALIFORNIA DI POHON <p><em>This type of research uses a type of qualitative research. The data sources used are the population and samples, then the data collection technique is carried out by means of observation, interviews and documentation. The results showed that the practice of buying and selling California papayas on trees that occurred in Duampanua Village was a transaction that was often carried out by the community when California papayas were ready to be harvested. The reason farmers buy and sell is because it is considered practical</em></p> <p><em>The mechanism for evaluating the buying and selling of fruit on the tree is carried out by means of farmers and buyers alike appraising the fruit on the tree after estimating the amount of the harvest then determining the price</em></p> <p><em>There are two methods of determining the price, namely paying cash and paying after harvest while the implementation of the Ijab and Kabul is carried out orally in Islamic economics the practice of buying and selling fruit on trees is included in the practice of buying and selling fruit which is halal. Considering that the practice of buying and selling fruit on trees in Duampanua Village, Andreapi Polewali Mandar District, the fruit has been seen and there is also a contract system which has been agreed upon in the contract where the farmer's tree will change hands within a period of several months according to the agreed contract.</em></p> Muh. Irwan.T Rahman Ambo Masse Wawan M. Copyright (c) 2023 Muh. Irwan.T, Rahman Ambo Masse, Wawan M. 2023-12-08 2023-12-08 15 2 173 188 10.20414/mu.v15i2.6515 IMPLEMENTASI AKAD MURABAHAH DAN PERMASALAHANNYA DALAM PERBANKAN SYARIAH <p><em>Murabahah is a sale and purchase contract with additional profits in accordance with the agreement. This study aims to further analyze the application of murabaha contracts in Islamic banking, as well as answer how the murabaha concept actually is and then look at the implementation of murabaha financing in banks whether it is appropriate based on sharia principles or not. This study used a qualitative descriptive research method through a library study data collection technique. As for the discrepancies found in the application of murabahah financing in Islamic banking, namely regarding violations related to milkiyah requirements. The results of the study show that the implementation of murabahah contract financing does not meet the pillars and conditions of sale and purchase in accordance with sharia principles. If the bank wishes to represent the customer, the solution is that the item must change ownership, the object of the transaction must be fully controlled by the bank before making a transaction.</em></p> Raihan Putri Fitri Yanti Copyright (c) 2023 Raihan Putri, Fitri Yanti 2023-12-08 2023-12-08 15 2 189 196 10.20414/mu.v15i2.7011