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All Journal Syntax Idea Transekonomika : Akuntansi, Bisnis dan Keuangan CASHFLOW : CURRENT ADVANCED RESEARCH ON SHARIA FINANCE AND ECONOMIC WORLDWIDE Madani: Multidisciplinary Scientific Journal Socius: Social Sciences Research Journal Journal of International Multidisciplinary Research Media Hukum Indonesia (MHI) Jurnal Hukum dan Konstitusi
Hardiati, Neni
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Al-Hiwalah dan Implementasinya pada Perbankan Syariah Di Titinjau dari Kaidah Fiqih Hardiati, Neni; Januri, Januri
Syntax Idea Vol 3 No 1 (2021): Syntax Idea
Publisher : Ridwan Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36418/syntax-idea.v3i1.932

Abstract

Hiwalah means a contract of help or tabarru, hiwalah is effectively applied to Islamic banking because there are rules contained therein, which provide benefits between the customer and the bank. This hiwalah activity requires fees from the first party to the second party the bank as a third party. Tabarru means giving sincerity from one individual to another without any imbalance affecting the ownership of the given person. Tabarru is carried out in providing assistance to individuals who are in conditions of economic difficulty, or to a social or religious institution that needs funds for the progress of society and religion. Therefore, tabarru 'is highly recommended in Islamic law. However, in a bank, there are services that are agreed upon as a risk from accounts payable, namely between the customer and the bank institution. Hiwalah activity itself means that activities on the responsibility of a muhil or in banking are called debtors to people who are obliged to pay debts that have such debts. Technically, Islamic banking is based on sharia principles in helping each other to ease the burden on parties who are having difficulty paying their debts, so as not to interfere with the financial cycle of economic activities in society. In transferring funds, this must be avoided from ribawi. In this article, we use literature study in al-hiwalah activities in Islamic banking according to fiqh principles.
Model-Model Penyelesaian Sengketa Ekonomi Syariah di Indonesia Hardiati, Neni; Widiana, Sindi; Hidayat, Seproni
TRANSEKONOMIKA: AKUNTANSI, BISNIS DAN KEUANGAN Vol. 1 No. 5 (2021): September 2021
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (219.655 KB) | DOI: 10.55047/transekonomika.v1i5.80

Abstract

Pertumbuhan ekonomi sangat sejalan dengan era saat ini, dan sulit bagi masyarakat untuk memecahkan masalah antara ekonomi syariah Indonesia untuk memecahkan masalah ekonomi. Pada penelitian menjelaskan model-model dalam penyelesain pada sengketa ekonomi syariah. Jenis penelitian yang digunakan adalah penelitian kepustakaan, dengan menggunakan dua metode, yaitu metode normatif dan metode yuridis. Dan hasil penelitian ini menemukan bahwa (1) ketika menyelesaikan sengketa berdasarkan tradisi Islam klasik, yaitu melalui Al Sulh (perdamaian), Tahkim (arbitrase) dan Wilayat al Qadha (kekuasaan kehakiman) (2) penyelesaian ekonomi Syariah dapat dicapai melalui Penyelesaian sengketa berdasarkan tradisi hukum aktif dengan cara-cara berikut: penyelesaian sengketa damai dan alternatif (ADR) dan arbitrase (Tahkim).
Penerapan Hybrid Contract sebagai Inovasi pada Produk Pembiayaan Multijasa di Lembaga Keuangan Syariah Hardiati, Neni; Prasetyo, Yoyok; Herdiana Abdurrahman, Nana
TRANSEKONOMIKA: AKUNTANSI, BISNIS DAN KEUANGAN Vol. 1 No. 6 (2021): November 2021
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (481.119 KB) | DOI: 10.55047/transekonomika.v1i6.96

Abstract

Rapid product development is carried out by Islamic Financial Institutions (LKS) in providing alternative services to the needs of the community which are carried out based on sharia principles. The development of these services is provided both in the form of banks and non-banks as well as in the form of storage or other types of services as well as in the form of financing. However, due to more complex customer needs, LKS requires innovation in order to get convenience in its operational activities. So, in innovating with hybrid contracts, it becomes an important thing. This research uses a literature study with a normative juridical approach, which is carried out by collecting, studying and reviewing books, scientific magazines and documents related to this research such as theses and scientific articles. The results of the study state that in the application of hybrid contracts in multi-service financing products at Islamic Financial Institutions (LKS) generally use ijarah contracts according to the DSN-MUI fatwa. In this case, if the LKS uses the ijarah contract, it must comply with the provisions of the fatwa as the service provider or the benefits obtained from the LKS. Meanwhile, if in a hybrid contract one or more contracts are added, in this case it is added with a wakalah contract, then the customer has the power to carry out his own costs. However, if there are customers who still have to pay ujrah for the ijarah contract, it is called usury. Because this is not justified in sharia principles and is not in accordance with the ijarah fatwa concerning the multiservice, the bank does not fulfill its service obligations as the fatwa regarding multiservice as well as the kafalah contract. Thus, there is an alternative in this multi-service financing, namely by using hawalah bil ujrah and wakalah contracts which are more flexible and their implementation as an innovation, namely combining these contracts with the aim of making banking operations easier, reaching wider and able to meet the needs of more customers.
Fatwa On The Opinion Of Contemporary Scholars On Stock Buying And Selling Activities In The Sharia Capital Market Hardiati, Neni; Fitriani; Wahyu Nugroho
Journal of International Multidisciplinary Research Vol. 2 No. 7 (2024): Juli 2024
Publisher : PT. Banjarese Pacific Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62504/jimr800

Abstract

According to contemporary scholars, buying and selling shares is of the opinion that buying and selling shares is legally permissible and some are prohibited. Meanwhile, according to the DSN Fatwa, ensuring share buying and selling transactions are halal. Buying and selling shares from an Islamic legal perspective is an important topic in integrating modern economic practices with sharia principles. The analysis includes the definition of shares as ownership of company assets, the importance of ensuring that the company's business is halal, as well as the prohibition against usury and gharar. Differences of opinion among scholars in determining the law itself. This research aims to compare the opinions of the DSN Fatwa with Contemporary Fuqaha in determining the law on the sale and purchase of shares. The approach used in this writing is a normative juridical approach with literature studies. The results that the author can conclude are that the law on buying and selling shares is permissible and some is prohibited.
Akad Ijarah Dalam Perspektif Fuqaha Serta Relevansinya Terhadap Perkembangan Ekonomi Hardiati, Neni; F, Fitriani; Kusmawati, Tia
Socius: Jurnal Penelitian Ilmu-Ilmu Sosial Vol 1, No 10 (2024): May
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11204342

Abstract

The practice of ijarah or rent has been commonly carried out by earlier humans, this is in the Qur'an, namely QS. Al-Baqarah verse 233, QS. At-Thalaq verse 6, then QS. al-Qasas verses 26 and 27, and the Hadith related to it. There is discussion on this subject in the sources of Islamic law, namely the Qur'an and Hadith, indicating that the lease transaction is important in its application to meet the economic needs of mankind. Fiqh scholars differ in expressing opinions on ijarah, therefore this paper seeks to describe the concept of ijarah according to the fuqaha and how the development of the ijarah contract in the Islamic finance industry in the form of ijarah vomitiya bittamlik (IMBT) products or commonly known as lease purchase . The type of research used in this study is descriptive literature, where research is carried out by collecting books, searching the internet and scientific works needed to be studied, so that it can be seen how the concept of ijarah for fuqaha and its relevance to economic development can be known. The results of this study conclude that although they differ in expressing opinions about ijarah, all of them have the same meaning and purpose, namely agreements on the properties of objects to other people in exchange for certain payments and conditions. For many scholars, ijarah is a common contract, a kind of buying and selling.
Aplikasi Maslahah Mursalah dalam Perekonomian Islam serta Relevansinya dalam Penetapan Hukum Islam R, Ratna; Hardiati, Neni
Socius: Jurnal Penelitian Ilmu-Ilmu Sosial Vol 1, No 11 (2024): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.12570632

Abstract

The problem of murrasa in the field of Islamic sharia economics still requires a strong legal basis to remain in accordance with sharia principles. Therefore, understanding the methods of legal determination of various financial transactions and innovations is a necessity. Maslahah murlah is one of the many methods that can be used to determine this law. This research intends to examine the application of maslahah murlah in Islamic economic activities and as a method of determining law in Islamic economics. The method used is qualitative with a study of literature related to the issue of Muralah. The results of this research are that maslahah murrasa is widely used in muamalah activities or Islamic economics as an innovation in muamalah activities in which there is benefit for humanity. Such as financial transaction activities in financing agreements, profit sharing, and other contract activities that are often used in Islamic economic activities.
Akad Kerja Sama (Syirkah) Perspektif Ekonomi Islam Hardiati, Neni; Marliani, Arni
Socius: Jurnal Penelitian Ilmu-Ilmu Sosial Vol 1, No 9 (2024): April
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11204745

Abstract

This study discusses cooperation (syirkah) in the understanding of Islam both in terms of definition, sources of law, pillars and conditions, types and types and the end of a syirkah. The method used in this research is purely a study of the existing literature. The literature used is sourced from the Qur'an, hadith and opinions from the Imams of the Maliki, Hambali, Hanafi and Shafi'i schools. Other literature that is also used is the opinion of experts in Islamic law.
Akad Ijarah Muntahiya Bi Al-Tamlik (IMBT) at Sharia Financial Institutions Perspectives of Classical and Contemporary Ulema Hardiati, Neni; F, Fitriani; Fauziyah, Ida
Socius: Jurnal Penelitian Ilmu-Ilmu Sosial Vol 2, No 1 (2024): Agustus
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.13479984

Abstract

The emergence of the Ijarah Muntahiya Bittamlik contract is also an innovation. However, it has also become a polemic because of the merger of contracts. In this article, the analysis of the Akad Ijarah Muntahiya Bittamlik is described from the Opinion of the Ulama with descriptive methods and normative juridical approaches, the author uses several literature sources, so that it can be categorized as library research. The results show that Islamic economic experts, both contemporary economic thinkers such as Adimarwan, Al-Mujamma' Al-Fiqhi, and classical scholars such as Hanabillah, Malikiyah, Shafi'iyah and Hanabalah, the law of the IMBT contract is mubah (permissible).
Pendapat Ulama tentang Implementasi Akad Qard dan Akad Rahn dalam Perekonomian Islam Hardiati, Neni; F, Fitriani; Nugroho, Wahyu
Socius: Jurnal Penelitian Ilmu-Ilmu Sosial Vol 1, No 12 (2024): July
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.12798176

Abstract

Qardh and Rahn is one of the contracts that does not require an excess when repaying the loan. In much literature, Qardh and Rah tend to be used with the social principle of helping each other. There are several differences of opinion among scholars regarding Qardh and Rahn, including the Hanafiyah opinion that what can be made Qardh is if an item has the same value, while the Malikiyah, Shaafi'iyyah and Hanabilah allow Qardh for assets that are permitted in the salam contract, whether in weight or measure. , such as gold, silver and food, or from items that have value such as animals. Apart from that, in Rahn, according to Hanafiyah Rukun Rahn is the Ijab Qabul from Rahin and Marhun like other contracts. According to other scholars besides Hanafiyah, there are 4 pillars of Rahn, namely Shigah (Ijab and Qabul), People who have a contract (Raahin and Murtahin), Marhun and Marhun Bihi.
Perbankan dan Keuangan Syariah: Tantangan dan Peluang di Pasar Global Hardiati, Neni; Nugroho, Wahyu
Socius: Jurnal Penelitian Ilmu-Ilmu Sosial Vol 1, No 11 (2024): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.12798230

Abstract

The Islamic banking and finance industry in Indonesia faces significant challenges and opportunities in facing the ever-growing global market. Even though the majority of Indonesia's population is Muslim, awareness of the principles of Islamic banking and finance is still low among the public. This indicates that there are still people who do not understand sharia principles and equate sharia banks with conventional banks. Then, the complexity of regulations and sharia compliance becomes the main concern for Islamic financial institutions only the rules. However, amidst these challenges, there are great opportunities for the Islamic banking and finance industry to grow and expand market reach. By increasing public awareness, revising supportive regulations, and implementing financial technology and strategic partnerships, this industry can play a greater role in strengthening the Indonesian economy and competing in the global market. In conclusion, these strategic steps will help the Islamic banking and finance industry overcome challenges and exploit future opportunities more effectively.
Co-Authors Eka Wahyuni Fitriani Fitriani F, Fitriani Hidayat, Seproni Ibrahim, Ahmad Zaki Ida Fauziyah Januri, Januri Kusmawati, Tia Latifah, Ida Marliani, Arni Nana Herdiana Abdurrahman, Nana Herdiana Nurwijayanti Prasetyo, Yoyok R, Ratna Wahyu Nugroho Widiana, Sindi