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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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Property Position and Islamic Economic Law Hardiati, Neni; F, Fitriani
Media Hukum Indonesia (MHI) Vol 2, No 2 (2024): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11198630

Abstract

Property in Islam has a position as a pillar of life that supports the running of all activities, history records that the beginning of the Islamic struggle carried out by the Prophet SAW could not be separated from the role of his wife as a conglomerate who had advantages in financial terms. The position of this treasure is very important especially in economic activities, business, and worship, so that attention to this treasure has been prioritized by umara and scholars since time immemorial. Islam always teaches mankind to be grateful for the treasures that in their possession are used for devotion to Allah SWT and used solely to get closer to Him. In addition, it is also used for the benefit of many people in terms of helping others, for that it should be considered how to get it, its management and how to use it. The Qur'an pays great attention to the issue of wealth by giving detailed and extensive limits on property. Many scholars have opinions to know the position of this treasure including Imam Hanafi, Imam Shafi'i, Imam Maliki and others. Among their opinions is how the Shari'a establishes ways to obtain property, distribute it, develop it and so on. This was conveyed by them to be a reference and guideline so that the process of managing assets in human life does not cause damage and loss either to nature, the environment or to individuals and society.
Analisis Fatwa DSN-MUI dan Fatwa di Negara Malaysia Terhadap Akad Mudharabah Dalam Perspektif Ulama Hardiati, Neni; F, Fitriani; Nugroho, Wahyu
Media Hukum Indonesia (MHI) Vol 2, No 3 (2024): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.12798265

Abstract

This article attempts to analyze the fatwas in Indonesia (DSN-MUI) with the fatwas in Malaysia (MPS-BNM), the fatwas that are analyzed are more specific to the mudharbah agreement of the two fatwa institutions. from the fatwa in issuing a fatwa, in terms of definition, pillars and requirements, as well as the application of fatwa in Islamic banking in both countries. The data sources in this study were the MUI DSN fatwa and the MPS-BNM fatwa on the mudharbah agreement. Then analyzed with a comparison of the jurisprudence of the four schools of thought, books, and other articles using qualitative methods with a normative juridical approach. From the results of the analysis, it can be concluded that both the DSN-MUI and MPS-BNM fatwas use a lot of shafi'i schools of reference. Then, seen from the fatwa of the mudharbah agreement, the MUI DSN fatwa is more strict and moderate, while the MPS BNM is more flexible but moderate.
Opening an Online Wadiah Savings Account in Sharia Banking Hardiati, Neni; F, Fitriani; Nugroho, Wahyu
Madani: Jurnal Ilmiah Multidisiplin Vol 2, No 8 (2024): Vol. 2, No. 8, 2024
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.13488123

Abstract

The development of the all-digital era today saving can be through online wadiah savings are savings issued by Islamic banks, where this savings carry the concept of sharia based on the principle of wadiah. The concept of wadiah itself has developed since the time of the Prophet. This article uses qualitative research methods with literature studies sourced from previous scientific works and through Islamic banking websites. Views and opinions on the concept of wadiah were introduced by maliki, Hanafi and syafei. Wadiah savings itself are divided into two types according to their use, namely the trust wadiah contract and the dhamanah wadiah contract. For the terms and conditions in opening wadiah savings at Sharia Banks, you must follow the principles and conditions of the wadiah contract.
Kedudukan Akad Dalam Perspektif Ekonomi Islam Hardiati, Neni; F, Fitriani; Wahyuni, Eka
Madani: Jurnal Ilmiah Multidisiplin Vol 2, No 3 (2024): Madani, Vol. 2, No. 3 2024
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11204633

Abstract

Contracts are of various kinds of tasharruf, namely "everything that comes out of a human being with his will and the syara' stipulates some of his rights". In muamalah activities, the contract is an inseparable part of a series of transactions or agreements on the contract itself. The most important aspect of muamalat fiqh in contracting with Islamic economics is transaction law (law) which includes general contract principles and specific provisions for various specific contracts. One aspect of the general contract is about the pillars and terms of the contract as an element of forming the contract. In the practice of buying and selling muamalat, there are pillars and conditions that make a sale and purchase valid including 3 (three) things, namely; the contract, the contract (the existence of goods), and the prayers of the people in the contract.
Hukum Riba dan Relevansinya terhadap Bunga Bank Perspektif Hukum Ekonomi Islam Hardiati, Neni; Ibrahim, Ahmad Zaki; F, Fitriani
Madani: Jurnal Ilmiah Multidisiplin Vol 2, No 7 (2024): Madani, Vol 2. No. 7, 2024
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.12798354

Abstract

Riba is a transaction that is prohibited in Islamic economic activities. This study aims to look at the views of the previous to contemporary scholars regarding usury and gharar. The method used is a literature study, which is carried out by collecting, studying and reviewing books, scientific magazines and related documents such as theses and scientific journals. is still a debate among classical and contemporary scholars. Classical scholars still adhere to the Qur'anic texts that usury is haram, but contemporary scholars such as Fazlur Rahman view usury on bank interest as permissible as long as it does not harm others for moral reasons, but the Indonesian Ulema Council mentions in its fatwa that bank interest includes usury. jahiliyah. Then the MUI stated that bank interest included usury. KHES prohibits activities that contain elements of usury and gharar
Implementasi Pinjaman Online: Membedah Regulasi Utang dalam Dunia Digital di Indonesia Hardiati, Neni; Latifah, Ida; F, Fitriani
Madani: Jurnal Ilmiah Multidisiplin Vol 2, No 7 (2024): Madani, Vol 2. No. 7, 2024
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.12798322

Abstract

This research aims to look at debt and receivable regulations. Debts and Receivables are an agreement in which one party provides a loan (creditor) and the other party has an obligation to pay back the money and interest within a certain period of time. Online loans are financial services to bring together lenders and borrowers to carry out loan and borrowing agreements through an electronic system. Also known as fintech lending, peer to peer lending, online loans and technology-based money lending and borrowing services (lpmubt). This research method uses literature studies and trusted news media documents in the case of online loans. If this online loan is linked to the provisions of Article 1754 of the Civil Code, this online debt and receivable agreement still gives rise to rights and obligations in the form of giving certain goods and returning the goods for the same amount. Then, there are rules contained in POJK regulation no. 77/POJK.01/2016 this regulation is the legal basis for the implementation of information technology-based money lending and borrowing services. This regulation also regulates various aspects, including licensing, governance and supervision of fintech companies. The main aim of this regulation is to ensure that online loan services are carried out transparently and fairly, as well as to protect consumers from detrimental business practices.
INCOMPATIBLE BUSINESS BEHAVIOR TOWARD ISLAMIC ETHICS: A STUDY ON THE PRACTICES OF RIBA AND BANK INTEREST Hardiati, Neni; Anwar, Syahrul
CURRENT ADVANCED RESEARCH ON SHARIA FINANCE AND ECONOMIC WORLDWIDE Vol. 1 No. 1 (2021): OCTOBER 2021
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (375.501 KB) | DOI: 10.55047/cashflow.v1i1.18

Abstract

Various kinds of interpretations of usury and interest in modern financial institutions (banks), both from jurists and Muslim economists, seem to occur because the 'illat usury put forward by the jurists is seen as inaccurate in the development of Islamic legal thought. Gharar which is translated as speculation is equated with gambling because of the uncertainty for the parties (seller and buyer). This research uses a literature study, which is carried out by collecting, studying and reviewing books, scientific magazines and related documents such as theses and scientific journals. Many modern societies carry out such practices, such as buying and selling agricultural products that are still on the land with a wholesale system. When viewed from the ethical side of Islamic transactions, both usury, interest and gharar violate the ethics of transactions. Ethical considerations prohibiting usury, interest and gharar, due to unfairness, exploitation and unproductiveness. While the system of economic ethics emphasizes products, fairness and honesty in trade, and fair competition. In this case, good ethics will give good business, good ethics: good business. Ethics that is in the spotlight in this study, especially ethics in the operations and transactions of Islamic financial institutions. Then the sharia financial institutions in question include sharia banking, sharia pawnshops, sharia insurance, and sharia capital markets, all of which are some forms of representation of sharia macro financial institutions that are certain. have a significant impact on the nation's economic development. So that behavior that is not in accordance with Islamic ethics, such as related to usury and bank interest, must be avoided for Muslims.
Jual Beli Emas Secara Kredit Perspektif Hukum Ekonomi Islam Hardiati, Neni; Latifah, Ida; F, Fitriani
Socius: Jurnal Penelitian Ilmu-Ilmu Sosial Vol 2, No 3 (2024): Oktober
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.13980976

Abstract

This study discusses the law of buying and selling gold on credit from the perspective of Islamic economics law. Gold has a special status in fiqh muamalah, especially because of its nature as a currency and commodity. In buying and selling transactions, certain conditions must be met, especially related to regulations or sharia principles regarding buying and selling related to usurious goods such as gold. Credit transactions, which allow payments to be made in installments or postponed, are controversial due to concerns about usury. This study will explore the views of scholars and Islamic financial institutions on this transaction, as well as recommendations for gold buying and selling practices in accordance with sharia principles. Buying and selling gold on credit is a contract for the transfer of assets such as gold from one person to another which is carried out through credit. This study aims to describe activities regarding buying and selling carried out through credit. This study uses a descriptive qualitative research type, through a study of various literature and criticizing the problems found in the field if the sale contract. Sales carried out on credit in the context of gold as currency. Furthermore, sales on the law of gold buying and selling should only be able to trade gold when the contract is in cash and the value is the same, but if the status of gold is a commodity, then buying and selling gold on credit is permissible. 
Implementasi Sewa Jasa Endorsment Dalam Meningkatkan Penjualan Produk Dalam Perspektif Hukum Ekonomi Islam Hardiati, Neni; Latifah, Ida; F, Fitriani
Media Hukum Indonesia (MHI) Vol 2, No 4 (2024): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.14055945

Abstract

This study aims to analyze the Islamic economic law review of the implementation of endorsement service rental as one of the marketing strategies in increasing product sales. Endorsement is a form of cooperation between a company or product owner and an influential individual, such as a celebrity or influencer, to promote the product to a wider audience. This study uses a qualitative method with a literature study approach to understand how Islamic economic law views the practice of endorsement. Based on the analysis conducted, the implementation of endorsement service rental from an Islamic legal perspective must meet the requirements in accordance with sharia principles, such as a clear contract between the two parties, no elements of gharar (uncertainty), usury, and maisir (gambling). In addition, the advertised product must be halal and in accordance with sharia ethics. The results of the study indicate that endorsement can be a legitimate and effective strategy in increasing product sales as long as it meets the basic principles of Islamic economic law. The conclusion of this study is that endorsement service rental is a form of transaction that is permitted in Islamic law as long as the contract used is clear, the product being promoted is halal, and there is no element of fraud or uncertainty in the agreement.
FATWA MAJELIS ULAMA INDONESIA (MUI) DAN FATWA DEWAN SYARIAH NASIONAL (DSN) PERSPEKTIF HUKUM ISLAM DAN HUKUM NASIONAL Hardiati, Neni
Jurnal Ad Dustur Vol. 1 No. 1 (2024): Jurnal Ad-Dustur
Publisher : Program Studi Hukum Tata Negara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58326/jad.v1i1.164

Abstract

Sistem hukum ketatanegaraan di Indonesia tentang kedudukan fatwa MUI hanya merupakan sebagai hukum aspiratif yang mempunyai kekuatan konstruktif secara moral bagi komunitas yang mempunyai aspirasi untuk mengamalkannya, namun fatwa tersebut tidak dapat dijadikan alat paksa bagi kelompok lain yang berbeda pendapat dengan fatwa MUI, sebab bukan termasuk dalam hukum positif. Metode yang digunakan pada penelitian ini yaitu metode studi kepustakaan dari berbagai artikel ilmiah, dan dan darft fatwa MUI. Kedudukan fatwa dalam kehidupan umat Islam, tidak mengikat secara hukum, akan tetapi bersifat mengikat secara agama semata, dengan demikian tidak ada peluang bagi seorang muslim untuk menentangnya bila fatwa itu didasarkan kepada dalil atau nash yang shariah dan valid. Sementara hukum positif merupakan hukum yang saat ini berlaku yang mencakup aturan perundang-undangan yang berlaku umum (regelling), ataupun keputusan yang berlaku khusus (beschikking), yang pelaksanaannya dikawal oleh aparatur negara dan sistem peradilan. Merujuk pada Undang-Undang Nomor 12 Tahun 2011 tentang Pembentukan Peraturan Perundang-undangan, kemudian fatwa MUI bukanlah suatu jenis peraturan perundang-undangan yang mempunyai kekuatan hukum mengikat Fatwa DSN-MUI dan fatwa MUI sama-sama tidak termasuk dalam hierarki peraturan perundang-undangan di Indonesia, namun fatwa yang dikeluarkan oleh Dewan Syariah Nasional Majelis Ulama Indonesia (DSN-MUI) merupakan hukum positif yang bersifat mengikat. Sebab, keberadaannya seringkali dilegitimasi melalui peraturan perundang-undangan oleh lembaga pemerintah, sehingga pelaku ekonomi syariah harus patuh.
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