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All Journal Al-Qanun: Jurnal Pemikiran dan Pembaharuan Hukum Islam Jurnal Ilmiah Ekonomi Islam Al-Jinayah: Jurnal Hukum Pidana Islam Al-Iqtishadiyah: Ekonomi Syariah dan Hukum Ekonomi Syariah Ulumuna: Jurnal Studi Keislaman Al-Kharaj: Jurnal Ekonomi, Keuangan & Bisnis Syariah Maliyah : Jurnal Hukum Bisnis Islam Al Hikmah : Jurnal Studi Keislaman
Mugiyati Mugiyati
Fakultas Syariah IAIN Sunan Ampel Surabaya
Religion Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Maliyah : Jurnal Hukum Bisnis Islam

 1 
APLIKASI KAFALAH PADA ASURANSI TAKAFUL PERSPEKTIF AKAD BISNIS ISLAM Mugiyati .
Maliyah : Jurnal Hukum Bisnis Islam Vol. 2 No. 1 (2012): Juni 2012
Publisher : Islamic Economic Law Programs, Faculty of Sharia and Law State Islamic University (UIN) of Sunan Ampel Surabaya.

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (423.058 KB) | DOI: 10.15642/maliyah.2012.2.1.%p

Abstract

Kafalah is a kind of tabarru’ agreement which is based on the value of social virtue. Kafalah can be developed and applied on takaful insurance based on the three payment patterns of takaful. The first: participant dies during the coverage period. In this case, a kind of kafalah that can be applied is Kafalah bi al-dayn. It is the debt obligations that are being the responsibility of others. For participant who dies in the coverage period is being covered (makful 'anhu). While, the other participants are together as kafil (guarantor) to pay off the debt of makful 'anhu in the form of unpaid premium remains as makful bih. On the other hands, the receiver of guarantee (makful lahu) is the takaful insurance company. The second: the condition where participant is still alive until the time of completing the coverage period. So that, the kafalah application can be done by ta'liq (kafalah al-mu’allaqah). It is a form of kafalah where the execution of the guarantee made by a person against another person is required or suspended for a certain thing. In this position, he serves as kafil who guarantees the other participants (makful 'anhu) if they are in an accident or die. To pay the remaining premiums is to be the responsibility of makful bih through tabarru’ funds' that have been collected to insurance companies as receiver of the guarantee (makful lahu). The third: participant resigned before the contract coverage period is completed. In this circumstance, the kafalah contract has expired or has been canceled since it is a kind of tabarru’ agreement that its original legal status is not absolutely binding.
MEMBONGKAR POLA PEMIKIRAN HUKUM FATWA DEWAN SYARI’AH NASIONAL (DSN) TENTANG PRODUK KEUANGAN SYARI’AH DAN PENYERAPANNYA DALAM HUKUM NASIONAL Mugiyati .
Maliyah : Jurnal Hukum Bisnis Islam Vol. 4 No. 2 (2014): Desember 2014
Publisher : Islamic Economic Law Programs, Faculty of Sharia and Law State Islamic University (UIN) of Sunan Ampel Surabaya.

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (169.984 KB) | DOI: 10.15642/maliyah.2014.4.2.%p

Abstract

DSN-MUI is the only board that has the authority to issue a fatwa on the types of activities, products and financial services as well as overseeing the implementation of Shariah fatwa meant by Shariah financial institutions in Indonesia. As a religious fatwa should be the product of its legal reasoning bertemali kemasyarakatan.Oleh closely with social problems because it must be based DSN fatwa result of interaction between legal thinkers with the environment, in which the relevance of religious belief for the material world is often overlooked. In fact the National Fatwa Council of Sharia Shariah financial products follow three patterns of legal thought as a reference of the pattern of baya>ni> (semantic study), patterns qiya>si> (ta'li>li> or determination 'illat or legal factors), and the pattern istis}lah}i> (considering the benefit based nash general) that three is a normative textual approach. Positifisasi efforts in response to the needs of the Muslims will be the implementation of Islamic law in the Indonesian economy missed by the Supreme Court of the Republic of Indonesia Regulation Number 02 of 2008 on Economic Shariah Law Compilation (KHES), which partially absorb the contents of fatwas National Sharia Board good in almost the same formula or refer in part.
Co-Authors Aldi Khusmufa Nur Iman Anita Musfiroh Johan Johan Junet Andi Setiawan Junet Andi Setiawan Moh Arifin Nurita Sari Syamsul Arifin