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The Influence of Self-Efficacy and Islamic Financial Literacy on the Performance of Micro, Small, and Medium-Sized Enterprises Srisusilawati, Popon; Kurniawan, Cecep Soleh; Silviany, Irma Yulita; Mustika, Rita; Putri, Imelda; Nurfitria, Anggelia
Economica: Jurnal Ekonomi Islam Vol. 12 No. 2 (2021)
Publisher : Fakultas Ekonomi dan Bisnis Islam UIN Walisongo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21580/economica.2021.12.2.6937

Abstract

MSMEs have long promoted a major contribution to the national economy. However, the Covid-19 pandemic has caused MSME to suffer a decline resulting in a direct effect on the economy in Indonesia. This study analyzes the influence of self-efficacy and Sharia financial literacy on MSMEs performance. The inclusion of a variable of self-efficacy is a novelty of this study. This study highlights self-efficacy and Sharia financial literacy as independent variables and business performance as the dependent variable, with the focus of research on MSMEs. The research method used is quantitative associative. Respondents from 100 MSMEs were selected using saturation sampling. Multiple linear regression was performed using IBM SPSS Statistic software. The results prove that self-efficacy and Sharia financial literacy have a simultaneous and partial positive effect on MSMEs performance.
The Paradox of Mu'allaq Contracts in Murabahah Financing Putra, Panji Adam Agus; Durahman, Dani; Kurniawan, Cecep Soleh; Hatta, Muhammad
Milkiyah: Jurnal Hukum Ekonomi Syariah Vol. 4 No. 2 (2025): Milkiyah: Jurnal Hukum Ekonomi Syariah
Publisher : Sekolah Tinggi Agama islam Negeri Majene

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46870/milkiyah.v4i2.1576

Abstract

Islamic economics requires strict adherence to contracts that comply with Sharia law, but contemporary financial practices, particularly tamlîk (purchase with ownership rights) and mu’âwadhat (reciprocal exchange) agreements, often face challenges related to gharar (excessive uncertainty), raising critical questions about their validity under Islamic law. This study focuses on resolving one of the most controversial issues in modern Islamic finance: the validity of mu’allaq contracts in murabahah financing structures. Through a normative legal approach, this study systematically analyses classical fiqh literature, fatwa from the Indonesian National Sharia Council (DSN-MUI), and regulatory guidelines such as the OJK Murabahah Guidelines, revealing fundamental differences of opinion among scholars. The validity of mu'allaq contracts in Islamic finance remains a subject of debate, with classical scholars from the Hanafi, Shafi'i, and Hanbali schools rejecting them as non-binding tabarru', while contemporary scholars permit them based on the principle of contractual freedom. This study discloses that transparent mu'allaq murabahah contracts, implemented under sharia supervision, effectively balance classical prohibitions with modern banking needs, offering sharia-compliant and practical financing solutions. By maintaining strict contractual clarity while accommodating contemporary transaction requirements, mu'allaq emerges as a contract that is legally valid and operationally beneficial for Islamic financial institutions.
The Role of the Wanar Village Consultation Body in Carrying Out Their Tasks and Functions from Fiqh Siyasah Perspective Wijaya, Arif; Junaidy, Abdul Basith; Syafaq, Hammis; Kurniawan, Cecep Soleh
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 13 No. 1 (2023): April
Publisher : Prodi Hukum Tata Negara Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/ad.2023.13.1.113-136

Abstract

This article discusses the role of the Village Consultative Body in carrying out its duties and functions in Wanar village, Pucuk District, Lamongan Regency, East Java from the perspective of fiqh siyasa. This research is field and qualitative research. Data were collected through observation, interviews and documentation, which was then analyzed deductively. The results of this study concluded that the function and role of the Village Consultative Body of Wanar Village, Pucuk District, Lamongan Regency, had been carried out well. 2 factors affect the performance of BPD Wanar, namely: supporting and blocking factors. The supporting factor is the support from the village community and the village government is a good partner with BPD. The inhibiting factors are the salary of BPD members is still minimal, facilities and infrastructure are inadequate, funding is lacking, the human resources of BPD members are less qualified, and there is rejection by some communities of decisions/policies made by the village head. From the perspective of fiqh siyasah, the role and function of BPD are equated with ahl al-hall wa al-' aqd and the Hisbah institution. In performing its functions, BPD's performance is by the rules of " tasharruf al-imam ala al- raiyyah manuth bi al- mashlahah " (The imam's actions toward his people must be linked to the benefit of the people).
Failure of Good Faith in Mediating Divorce Cases in Religious Court Saifullah, Muhammad; Anwar, Khoirul; Murtadho, Ali; Mubarok, Ferry Khusnul; Kurniawan, Cecep Soleh
International Journal Ihya' 'Ulum al-Din Vol. 26 No. 1 (2024)
Publisher : Universitas Islam Negeri Walisongo Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21580/ihya.26.1.20313

Abstract

Divorce mediation carried out outside the court (community) and within court, institutions has yet to be effective even though the government has issued a Supreme Court Regulation regarding mediation in court. The achievement of mediation success, which is still below 5%, has encouraged the Supreme Court to add an article on good faith (article 7, Supreme Court Regulation No. 1 of 2016) as a principle of mediation and the threat of sanctions for parties who do not have good faith. This study aims to reveal how the good faith clause is implemented in resolving divorce conflicts through mediation and sanctions for parties who do not act in good faith at the Pekalongan Religious Court. The data mining method was carried out through interviews with mediators, mediator judges at the Pekalongan Religious Court area, parties to the conflict, and experts in the field of mediation. Data mining was carried out through observational and documentation of domestic conflict studies. The collected data was analyzed through descriptive analysis. This paper concludes that (1) the principles of mediation have not been fully carried out in good faith in resolving divorce conflicts through mediation outside the court, so mediation fails and results in the neglect of protracted conflict issues, (2) mediation in the majority of courts lack of success due to internal and external factors, and (3) the mediator or mediator judge experiences difficulties in implementing sanctions against parties who do not have good intentions in resolving family conflicts. This research recommends that outsied of the court mediation be carried out by professional mediators who support the success of the mediation process in the justice system.
Penerapan Hukuman Mati di Indonesia perspektif Maqasid al-Shari’ah Ramadhan, Rangga Abdi; Wafiroh, Athifatul; Kurniawan, Cecep Soleh
Ma’mal: Jurnal Laboratorium Syariah dan Hukum Vol. 5 No. 1 (2024): Februari
Publisher : Laboratorium Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya (https://uinsa.ac.id/fsh/facility)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/mal.v5i1.198

Abstract

Abstract: The death penalty is one of the oldest penalties in the world that is still in force today, and Indonesia is no exception. Even so, the imposition of the death penalty still causes controversy. Based on this, this article discusses the application of the death penalty in Indonesia from the perspective of maqasid al-shari'ah. This research is normative. Data was collected from laws and regulations and journal articles. The collected data were analyzed descriptively with the theory of maqasid al-shari'ah. This study concluded that the death penalty is still applied in Indonesia in several criminal acts, including narcotics, premeditated murder, rape and corruption, and others. From the perspective of maqasid al-shari'ah, the application of the death penalty is in harmony with hifz al-nafs (preserving the soul) in drug crimes, premeditated murder, and rape because these crimes endanger one's health, hurt the victim or take one's life. The death penalty is also aligned with hifz al-mal (safeguarding property) in the criminal act of corruption because the perpetrator has seized state property. In addition, the death penalty is also in harmony with hifz al-'aql (maintaining reason) for drug offenders. The death penalty in Indonesia is based on applicable rules and judges' legal considerations at trials based on strong evidence and testimony. The punishment is applied to gain benefit and refuse harm. Keywords: Death penalty, legal, judicial, criminal, maqasid al-shari'ah.   Abstrak: Hukuman mati merupakan salah satu hukuman tertua di dunia yang masih diberlakukan sampai saat, tidak terkecuali di Indonesia. Meski begitu, pemberlakuan hukuman mati masih menimbulkan kontroversi. Berdasarkan hal tersebut maka artikel ini membahas tentang penerapan hukuman mati di Indonesia dalam perspektif maqasid al-shari’ah. Penelitian ini adalah penelitian normatif. Data dikumpulkan dari peraturan perundang-undangan dan artikel jurnal. Data yang terkumpul dianalisis secara deskriptif dengan teori maqasid al-shari’ah. Penelitian ini menyimpulkan bahwa hukuman mati masih diterapkan di Indonesia dalam beberapa tindak pidana, di antaranya tindak pidana narkotika, pembunuhan berencana, pemerkosaan dan korupsi dan lainnya. Dalam perspektif maqasid al-shari’ah, penerapan hukuman mati selaras dengan hifz al-nafs (menjaga jiwa) dalam tindak pidana narkotika, pembunuhan berencana, pemerkosaan karena tindak pidana tersebut membahayakan kesehatan seseorang, menyakiti korban atau menghilangkan nyawa seseorang. Hukuman mati juga selaras dengan hifz al-mal (menjaga harta) dalam tindak pidana korupsi karena pelaku telah merampas harta negara. Selain itu hukuman mati juga selaras dengan hifz al-‘aql (menjaga akal) bagi pelaku tindak pidana narkoba. Diterapkan hukuman mati di Indonesia didasarkan pada aturan yang berlaku dan pertimbangan hukum hakim di persidangan berdasarkan pembuktian dan persaksian yang kuat. Diterapkan hukuman tersebut untuk mendapatkan kemaslahatan dan menolak kemadaratan. Kata kunci: Hukuman mati, hukum, peradilan, pidana, maqasid al-shari’ah.
Handling Narcotics and Drug Abuse in Indonesia from the Perspective of Maqāṣid al-Sharī'ah Sechan, Deswinta Elsa Luxiana; Al Maliki, Muhammad Alwi; Kurniawan, Cecep Soleh
Ma’mal: Jurnal Laboratorium Syariah dan Hukum Vol. 6 No. 2 (2025): April
Publisher : Laboratorium Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya (https://uinsa.ac.id/fsh/facility)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/mal.v7i2.430

Abstract

Narcotics and drug abuse is a serious problem that has a wide impact on health, social, and legal stability in Indonesia. For this reason, the government is trying to deal with drug abuse in Indonesia, but it is still not optimal due to various factors. In Maqasid al-syari'ah, the handling must be in accordance with the establishment of Islamic law. This article aims to analyze the handling of drug abuse in Indonesia from the perspective of Maqasid al-Syari'ah. This study employs a juridical normative method, combining a legislative approach and a conceptual approach. Data is collected through legislation, research, books, and journals. The collected data is analyzed deductively. The results of the study show that drug handling policies in Indonesia have accommodated repressive and rehabilitative approaches. However, the implementation of rehabilitation still needs to be strengthened to align more closely with the goals of Maqāṣid al-Sharī’ah, which emphasizes human recovery and protection. Religious, social, and psychological drug handling strategies are also considered effective in preventing early drug abuse and supporting social reintegration for abusers. Thus, drug handling in Indonesia not only emphasizes the law enforcement aspect, but must also be oriented towards the benefit and welfare of the community
The Urgency of Legal Harmonization in Waqf Land Certification Practices: Tasikmalaya City Case Study Mubarok, Acep Zoni Saeful; Kurniawan, Cecep Soleh; Muslim, Pepep Puad
Hikmatuna : Journal for Integrative Islamic Studies Vol 11 No 2 (2025): Hikmatuna: Journal for Integrative Islamic Studies, December 2025
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/hikmatuna.v11i2.13008

Abstract

The main problem with waqf land is its lack of formal legal status, as evidenced by the absence of a certificate. To provide legal certainty, the government issued a series of regulations that support the direction of waqf assets, ensuring they are guaranteed and legally maintained. However, in practice, their regulations have become fragmented, leading to overlapping regulations and a lack of synchronisation in institutional procedures. This condition is evident in the city of Tasikmalaya, where there is a data error and the name exchange between Wakif and Nazhir due to the lack of harmonization of regulations. This study aims to analyze the urgency of harmonizing regulations governing waqf land certification to achieve legal certainty and data accuracy. The approach used is a qualitative-normative case study design in Tasikmalaya City. Data was collected through document review, in-depth interviews, and field observations. The results of the study show that there is still disharmony and asynchrony between the practice of implementing waqf laws and regulations and other rules, such as those from ATR/BPN, BWI, and the Ministry of Religion. The implications of this study highlight the importance of establishing an integrated legal framework to prevent administrative errors and improve legal coordination and harmonization in the practice of waqf land certification. The contribution of this research lies in providing a normative basis for waqf regulatory governance reform in Indonesia.
THE WAQF MODELS FOR HIGHER EDUCATION: Malaysia's Experience and Challenges in Strengthening a Waqf-Based Higher Education System Muhammad Don, Mohd. Ali bin; Rosli, Mohd. Rilizam bin; Mohd. Senin, Mohd. Shukri bin; Husain, Mohd. Huefiros Efizi bin; Ahmad, Mohd. Farhan bin; Hj. Mohiddin, Hjh. Mas Nooraini binti; Yusof, Kamaru Salam; Kurniawan, Cecep Soleh
Al-Risalah Vol 25 No 2 (2025): December 2025
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v25i2.1995

Abstract

This article analyses the waqf model for education in Malaysia by assessing the implementation of educational waqf, its achievements, and the challenges it faces. This study also examines how waqf can serve as a mechanism to strengthen Malaysia's education system. This study examines various initiatives and programmes undertaken by waqf agencies and educational institutions in Malaysia to improve access to higher education and to provide students in need with facilities and funding. This qualitative study employs a document analysis approach, drawing on research data from priorrom prior studies and authentic, up-to-date written documents. The study's findings present several models of waqf implementation in higher education in Malaysia. These models can be applied by other higher education institutions, with minor adjustments appropriate to the local educational context. This is significant in light of the waqf's role in education, which has been vigorously pursued for thousands of years.
Halal Certification for Non-Muslim-Owned Restaurants in Brunei Darussalam: Regulatory Practice, State Mufti Opinions, and Imam al-Nawawī’s Juristic Perspective Mahmud, Hafini bin; Kurniawan, Cecep Soleh; Mohiddin, Hajah Mas Nooraini binti Haji
Parewa Saraq: Journal of Islamic Law and Fatwa Review Vol. 5 No. 1 (2026): Parewa Saraq: Journal of Islamic Law and Fatwa Review
Publisher : MUI Sulawesi Selatan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64016/parewasaraq.v5i1.73

Abstract

Halal certification is a central institutional mechanism for strengthening Muslim consumer confidence in restaurants and food premises within Brunei Darussalam. Although halal logo is widely perceived as an assurance of lawful consumption, a critical legal and juristic question of whether halal certification requires the restaurant owner to be a Muslim remains. Therefore, this study aims to examine the practical implementation of halal certification for non-Muslim-owned restaurants in Brunei Darussalam relative to State Mufti opinions and the juristic reasoning attributed to Imam al-Nawawī within the Shāfiʿī legal tradition. A library-based method was used with a qualitative design. Data were collected from classical fiqh texts, contemporary fatwa, national legislation, administrative regulations, and relevant policy documents. The collected materials were then analyzed through content analysis to identify normative arguments, regulatory standards, and points of legal tension. The results showed that Brunei current administrative practice allows halal certification for restaurants owned by non-Muslims under specific procedural and supervisory conditions. However, a significant inconsistency was found between the operational policy and the State Mufti juristic position, particularly concerning ownership, authority over food preparation, and the reliability of compliance. By integrating regulatory analysis with classical jurisprudence, the results contribute to the broader discourse on halal governance, Islamic legal authority, and contemporary policy implementation in Muslim-majority states. In conclusion, this study underscores the need for clearer regulatory harmonization between state fatwa institutions and halal certification agencies to ensure legal coherence and sustained public trust.
MUI’s Fatwa as Non-State Economic Regulation: Maqasid al-Shari'ah and the Political Economy of Productive-Asset Zakat in Indonesia Islami, Hayatul; Kurniawan, Cecep Soleh
Islamic Law and Social Issues in Society Vol. 2 No. 1 (2026): Islamic Law and Social Issues in Society
Publisher : Tuah Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64929/ilsiis.v2i1.46

Abstract

Contemporary zakat studies have grown considerably, yet they rarely analyze fatwas as regulatory instruments that shape economic behavior in the absence of state enforcement. This article takes up that question through a socio-legal study of the 2024 fatwa of the Indonesian Ulama Council (Majelis Ulama Indonesia, MUI) on productive-asset zakat (al-mustaghallāt), issued under No. 05/Ijtima' Ulama/VIII/2024 at the MUI Fatwa Commission's Eighth National Ijtima'. Two questions guide the analysis: how does the fatwa's maqāṣid-based reasoning distinguish productive assets from their yields, and how does that distinction reshape middle-class asset management, MSME accounting, and national zakat governance? Drawing on qualitative content analysis of the fatwa text, classical fiqh sources, and interviews with drafting committee members, the article reports three findings. First, by anchoring the zakat obligation to income rather than to the underlying asset, the fatwa operationalizes ḥifẓ al-māl, al-namāʾ, maṣlaḥah, and tadāwul al-amwāl as a coherent economic rationale rather than as abstract objectives. Second, the ruling creates incentives for middle-class property owners and MSMEs to adopt sharīʿah-compliant income recording, which expands the administratively legible zakat base beyond traditionally captured wealth. Third, despite lacking statutory force, the fatwa produces fiscal effects comparable to state regulation through BAZNAS uptake and voluntary compliance among religiously motivated economic actors. These findings support a revised analytical framework in which non-state religious rulings are treated as active regulators within the political economy of Muslim-majority states, with direct implications for the design of complementary zakat policy, sharīʿah-based accounting standards for MSMEs, and comparative research on hybrid religious-state fiscal governance.