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All Journal JURNAL IQTISAD: Reconstruction of Justice and Welfare for Indonesia Eco-Iqtishodi : Jurnal Ilmiah Ekonomi dan Keuangan Syariah Muqaranah Jurnal Hukum Ekonomi Syariah
Januri, Fauzan
Unknown Affiliation
Religion Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Akad Wadi’ah Dalam Perspektif Ulama Madzhab Saepudin, Saep; Syaripudin, Enceng Iip; Nuraeni, Neni; Januri, Fauzan
Jurnal Hukum Ekonomi Syariah Vol 1 No 1 (2022): Jurnal Hukum Ekonomi Syariah
Publisher : STAI Al Musaddadiyah Garut

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37968/jhesy.v1i1.139

Abstract

In Fiqh Muamalah, there is one contract performed in an effort to safeguard someone's wealth, namely the wadhiah contract, because through this contract, each individual inherently possesses varying abilities, including in safeguarding their wealth. The wadhiah contract is not a new concept; there have been numerous writings discussing wadhiah. In this particular text, the author will specifically delve into the wadhiah contract from the perspective of Fiqh Muamalah. Therefore, the author will attempt to examine this entrusted property from the viewpoints of scholars from different schools of thought who have differing interpretations/definitions of wadhiah.   From a jurisprudential standpoint, wadhiah is understood as a pure trust without any risk based on the contract of tabarru (mutual assistance); where the parties agree that there is no profit or benefit motivating their actions. The Hanafi scholars define wadhiah as involving others in the preservation of wealth, either explicitly or implicitly. As for the majority of scholars (Maliki, Shafi'i, Hanbali), wadhiah is defined as entrusting someone else to safeguard certain assets in a specific manner.  Keywords: wadhiah, Scholars, Perspective, Schools of Thought.
Perbandingan Peran Dewan Pengawas Syariah Pada Perbankan Syariah di Indonesia dan Brunei Darussalam Damayanti, Elsa Resti; Januri, Fauzan; Jaenudin, Jaenudin
Muqaranah Vol 7 No 2 (2023): Muqaranah
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/muqaranah.v7i2.13037

Abstract

This study theoretically examines the role of the sharia board in supervising sharia banks, especially the responsibilities and authority of its members. Furthermore, this paper examines whether the proportion of responsibility and authority is balanced or not. This is achieved by comparing the role of the sharia council in Indonesia with the role of the sharia council in Brunei Darussalam. This research is qualitative research with a comparative approach model. From the results of the study it was stated that Countries in the Southeast Asia region adopt a centralized Sharia governance model. The comparison is based on criteria such as: appointment, qualifications, process flow, governance and legislation. There is no significant difference in the role of the sharia supervisory board in both Indonesia and Brunei. The biggest difference between the two countries lies in the presence and absence of a special sharia governance system for sharia financial institutions. It can be said that Brunei and Indonesia from the legal framework will continue to experience development towards a better direction. The most important thing is that whatever type of regulations are set by the central bank, financial institutions must be willing to follow them.
Tinjauan Kaidah Fiqih Ju’alah dan Maisyir Rahmah Kusuma, Nurul; Januri, Fauzan; Muharni, Yusraini
Eco-Iqtishodi : Jurnal Ilmiah Ekonomi dan Keuangan Syariah Vol. 5 No. 2 (2024): Eco-Iqtishodi: Jurnal Ilmiah Ekonomi dan Keuangan Syariah
Publisher : Program Studi Ekonomi Syariah Institut Manajemen Koperasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32670/ecoiqtishodi.v5i2.4018

Abstract

Islamic teachings emphasize that all economic activities are based on sharia principles, which contain the muamalah principle that the substance of the meaning contained therein and the goals to be achieved end up in the goal of maqasid sharia and the benefit of the ummah. Fiqh rules are the basis related to legal issues, so they can detail fiqh problems in society, including ju'alah and maisyir which are often encountered due to technological developments and societal habits. The purpose of this research is to review the rules of ju'alah and maisyir fiqh. The research method used is to use a qualitative research method in the form of a literature study sourced from secondary data by reviewing various literature, such as books, articles and various kinds of relevant library materials. The results of this research are that the rules of fiqh, in the form of Qawa'id Al-Kulliyah, Qawa'id Al-Asasiyah, and Qawa'id furu' play a very important role in detailing problems related to ju'alah and maisy, so that people will be wiser in applying materials to provide solutions to various differences of opinion among ulama.
Studi Komparasi Hukum Jual Beli Penggunaan Uang Muka Menurut Empat Imam Madzhab Arifin, Desi Siti Habibah; Nuraeni, Neni; Januri, Fauzan
Jurnal Iqtisad Vol 11 No 2 (2024): Jurnal Iqtisad
Publisher : Universitas Wahid Hasyim Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31942/iq.v11i2.11255

Abstract

Down payment is called urbun in Fiqh studies. There are differences of opinion regarding the legal status of the use of the down payment or urbun. This research is a type of qualitative literature research with descriptive analysis method. Data sources come from written literature, such as books, books, scientific articles, and others related to the subject of research. The Hanafi and Shafi'i Madzhab tend not to allow it because it is considered to contain elements of uncertainty and potential injustice, while the Maliki and Hanbali Madzhab tend to allow this practice on condition that there is a clear agreement, which later became the basis for the issuance of DSN-MUI Fatwa No. 13/DSN-MUI/2000 concerning Down Payment in Murabahah. 
Co-Authors Arifin, Desi Siti Habibah Damayanti, Elsa Resti Enceng Iip Syaripudin Jaenudin Jaenudin Muharni, Yusraini Neni Nuraeni, Neni Rahmah Kusuma, Nurul Saepudin, Saep