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All Journal Invest Journal of Sharia & Economic Law el hisbah: Journal of Islamic Economic Law Jurnal Ilmu Syariah dan Hukum
Jumailah, Jumailah
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Religion Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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OPTIMALISASI HUKUM DALAM PENDAYAGUNAAN ZAKAT PRODUKTIF (STUDI KASUS BAZNAS KABUPATEN PEKALONGAN) Nada, Qothrun; Jumailah, Jumailah; Sa'adah, Novita Nurus
Jurnal Ilmu Syariah dan Hukum (JISYAKU) Vol 3 No 2 (2024): Jurnal Ilmu Syariah dan Hukum
Publisher : Sharia Faculty of State Islamic Institute (IAIN) Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23971/jisyaku.v3i2.9272

Abstract

The aim of this research is to find out how optimization the law is for utilizing productive zakat according to Law no. 23 of 2011, PMA no. 52 of 2014, and PERBAZNAS No. 3 of 2018 as well as the factors underlying the effectiveness of the law for utilizing productive zakat in BAZNAS Pekalongan Regency.The research method used in this research is a descriptive qualitative empirical legal research method, the data source used is primary data in the form of interviews with BAZNAS administrators in Pekalongan Regency, and secondary data in the form of Law no. 23 of 2011, PMA no. 52 of 2014, PERBAZNAS No. 3 of 2018 and journal literature. Researchers analyzed the collected data using descriptive analysis methods. The results of this research indicate that the distribution and utilization of productive zakat by BAZNAS Pekalongan Regency is good according to interviews conducted with BAZNAS and Mustahik staff in accordance with Law no. 23 of 2011, PERMA no. 52 of 2014, and PERBAZNAS No. 3 of 2018 and BAZNAS Pekalongan Regency always enforce sanctions in the form of revoking zakat assistance to mustahik who violate the provisions. The results of the analysis show that the use of productive zakat is in accordance with the aim of productive zakat where mustahik earn additional income so they can spend and give away part of their income. However, awareness of the need to donate and give alms is still low. Therefore, based on the theory of legal effectiveness, it is known that Law no. 23 of 2011, PMA no. 52 of 2014, and PERBAZNAS No. 3 of 2018 can be said to be quite effective in BAZNAS Pekalongan Regency.
Kesadaran Hukum Pelaku Usaha Terhadap Larangan Bai’ Najasy Pada Praktik Fake Order Rini, Ashri Puspita; Jumailah, Jumailah
el hisbah Journal of Islamic Economic Law Vol 5 No 1 (2025)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/elhisbah.v5i1.11655

Abstract

This study examines fake orders, which are fictitious orders. In Islam, fake orders are included in the Bai’ Najasy category, which is market manipulation that is prohibited because it contains elements of fraud and injustice. To improve the reputation of the store, some business actors in e-commerce transactions make fake orders. Therefore, awareness of Islamic law is an important factor in preventing this practice in order to comply with the principles of honest and transparent transactions. This study uses a qualitative approach with a case study method on e-commerce business actors in Pekalongan. The results of the study show that the level of awareness of Islamic law among business actors is still low. Most business actors do not understand the concept of Bai’ Najasy in depth and are not aware that fake orders are included in practices that are prohibited in Islam. This practice is generally carried out with the aim of increasing customer trust and business competitiveness without considering its legal impact. Awareness of Islamic law in e-commerce transactions still needs to be improved through education and socialization. The government, academics, and e-commerce platforms need to work together in providing understanding to business actors so that they are more compliant with sharia principles. Stricter regulations are also needed to suppress the practice of Bai’ Najasy in transactions.
Reconstructing the Concept of Copyright as Al-Ḥuqūq Al-Māliyah in Islamic Law Tarmidzi, Tarmidzi; Inayati, Anindya Aryu; Asro, Muhmmad; Jumailah, Jumailah
Invest Journal of Sharia & Economic Law Vol. 5 No. 2 (2025)
Publisher : Institut Agama Islam Negeri Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/invest.v5i2.11552

Abstract

Copyright, as part of intellectual property rights, has become a growing issue in Islamic law, especially regarding its ownership classification. While positive law recognizes copyright as an economic right that can be transferred and inherited, Islamic law presents differing views on whether it falls under huquq al-adabiyah (moral rights) or huquq al-mãliyah (economic rights with material value). This debate arises from the traditional Islamic view of ownership, which emphasizes tangible assets. With the rise of creative industries and technological advancements, there is an urgent need to reconstruct copyright as huquq al-mãliyah to ensure proper legal protection. Within the framework of maqasid al-shariah, acknowledging copyright as an economic right aims to safeguard individual ownership, prevent exploitation, and promote innovation. This study employs a qualitative method with a normative juridical approach, examining classical and contemporary fiqh literature alongside copyright regulations in Muslim-majority countries. The analysis applies inductive-deductive and comparative techniques between Islamic and positive law. Findings show that copyright meets the criteria of huquq al-mãliyah due to its economic value, transferability, and inheritability. Islamic legal sources—including the Qur’an, Hadith, and scholarly interpretations—support its recognition. This reconstruction offers significant implications for strengthening copyright protection within Islamic legal frameworks and developing shariah-compliant regulations suited to modern economic contexts.
Co-Authors Anindya Aryu Inayati Asro, Muhmmad Nada, Qothrun Rini, Ashri Puspita Sa'adah, Novita Nurus