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All Journal BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam TIJARAH: Jurnal Ekonomi, Manajemen, dan Bisnis Syariah
Sulkifli Herman
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Religion Economics, Econometrics & Finance

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METODE ISTINBATH DEWAN SYARIAH WAHDAH ISLAMIYAH DALAM MENETAPKAN HUKUM BPJS KESEHATAN MANDIRI Islahuddin Ramadhan Mubarak; Sulkifli Herman; Rahmat Saputra
BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 1 No 1 (2020): BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam
Publisher : Pusat Penelitian dan Pengabdian Masyarakat (P3M), Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (292.717 KB) | DOI: 10.36701/bustanul.v1i1.127

Abstract

This study aimed to recognize the law of Individual Healthcare of Social Security Agency (BPJS Kesehatan Mandiri) in Islamic law by linking the fatwa of the Sharia Council of Wahdah Islamiyah regarding its legal status. This study tried to examine the flow and contract system of BPJS Kesehatan Mandiri and istinba>t method of Sharia Council of Wahdah Islamiyah in determining the law of BPJS Kesehatan Mandiri. The method in this study used qualitative research based on field research with observation, interview, and manuscript collection techniques, and descriptive analysis in summarizing research findings. The results found were as follows: First, the concept of social security prescribed in Islam to actualize ta?a>wun, tada>mun, or taka>ful is the concept of insurance conducted in a way a tabarru? agreement is there, that is a form of contract which is conducted with the aim of goodness and helping each other. Second, BPJS Kesehatan is a public legal entity that is responsible for providing social security for the entire community based on Law No. 40 of 2004 and Law No. 24 of 2011 concerning the Social Security Organizing Agenc Third, the istinba>t method of the Wahdah Islamiyah Sharia Council is based on the Qur'an, Sunna, Ijmak and Qiya>s. Fourth, the recommendations from istinba>t of Sharia Council of Wahdah Islamiyah regarding the ideas and concepts of social security are that it is not a problem, however the flow and contract system are not yet in accordance with the sharia. Fifth, the recommendations of istinba>t results of Sharia Council of Wahdah Islamiyah regarding the existence of BPJS Kesehatan are that it is needed by Indonesian people, then it is not difficult to make social insurance based on sharia rules, if this is not possible, then the community should be given a choice to choose an insurance in accordance with sharia principles.
Praktik Jual Beli Ijazah dalam Perspektif Hukum Islam: The Practice of Selling and Purchasing Degrees in The Perspective of Islamic Law Ahmad Syaripudin; Sulkifli Herman; Irfansyah, Irfansyah
TIJARAH: Jurnal Ekonomi, Manajemen, dan Bisnis Syariah Vol. 1 No. 1 (2024): TIJARAH: Jurnal Ekonomi, Manajemen, dan Bisnis Syariah
Publisher : Litera Academica Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The research in this thesis aims to know and understand the Practice of Selling and Buying Diplomas in the Perspective of Islamic Law. The problems to be examined are how Islamic law views the practice of buying and selling diplomas, analysis of buying and selling diplomas according to Islamic business, analysis of the consequences of buying and selling diplomas. In this research, library research is library research which aims to determine the legal status of the practice of buying and selling diplomas, and then analyzing the practice of buying and selling diplomas through a normative approach and elaborated with buying and selling theory, Islamic business ethics and the rules of the Koran, hadith, or the opinion of scholars. . From the overall discussion of research results in accordance with the formulation of the problem and objectives in this study, it shows that the practice of buying and selling diplomas is a crime and a criminal act as a crime of forgery of letters. A diploma is equated with a letter (geschrift) because a diploma creates recognition or rights to an academic degree, or is an acknowledgment of one's achievements listed on the diploma sheet. And it can be concluded that the practice of buying and selling diplomas is an illegal buying and selling practice because the pillars and buying and selling are not fully fulfilled and are buying and selling that are prohibited by Islamic law and not in accordance with Islamic business ethics. In addition, the practice of buying and selling diplomas is also an act that violates the law, namely Article 263 of the Criminal Code and Law no. 20 of 2003 concerning the National Education System.
Co-Authors Ahmad Syaripudin Irfansyah Irfansyah Islahuddin Ramadhan Mubarak Rahmat Saputra