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All Journal AT-Tahdzib: Jurnal Studi Islam dan Muamalah At-Tahdzib: Jurnal Studi Islam dan Muamalah
Meri Piryanti
STAI At Tahdzib Jombang
Religion Economics, Econometrics & Finance Education Social Sciences Other

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Akibat Hukum Perjanjian (Akad) dan Terminasi Akad Meri Piryanti
AT-Tahdzib: Jurnal Studi Islam dan Muamalah Vol 2 No 1 (2014): At-Tahdzib
Publisher : Sekolah Tinggi Agama Islam At-Tahdzib Ngoro Jombang Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (463.435 KB)

Abstract

Basically sphere of human life in this world rests on two kinds of relationship, that is vertical to Allah and Horizontal ( Muamalah ) , this article discusses the Tenets of the emphasis on the three systems of the Agreement: Customary law , Civil Law ( KUHP) and Islamic Law . By using a comparative approach of this paper is expected to lead to the conclusion that can be justified .
Analisa Fatwa Dewan Syariah Nasional No. 07/DSN-MUI/IV/2000 Tentang Jaminan dalam Pembiayaan Mudharabah Piryanti, Meri
At-Tahdzib: Jurnal Studi Islam dan Muamalah Vol 12 No 2 (2024): At-Tahdzib
Publisher : Sekolah Tinggi Agama Islam At-Tahdzib, Ngoro, Jombang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61181/j3n43z63

Abstract

Background. The National Sharia Council (DSN-MUI) Fatwa No. 07/DSN-MUI/IV/2000 on Mudharabah Financing regulates provisions regarding the use of collateral in mudharabah contracts. This issue is significant because, in principle, sharia emphasizes trust between the shahibul maal (capital provider) and the mudharib (entrepreneur), while collateral is viewed as a means of risk mitigation. Aim. This study aims to analyze the content of the fatwa, particularly the position of collateral in mudharabah financing, and to assess its relevance and implications for the practice of Islamic financial institutions in Indonesia. Methods. The research applies a library research method with a normative-juridical and qualitative approach, examining the text of the fatwa, literature on fiqh muamalah, Islamic banking regulations, as well as practical applications in financial institutions. Results. The analysis shows that the DSN-MUI Fatwa allows the use of collateral in mudharabah financing not to cover business losses, but rather as a safeguard in cases of negligence or misuse of funds by the mudharib. This provision aligns with the prudential principle in Islamic finance. However, in practice, the use of collateral sometimes shifts the meaning of mudharabah from a trust-based partnership toward a more transactional nature. Therefore, a balance is required between sharia compliance and the practical needs of financial institutions to ensure that the essence of justice and partnership in mudharabah contracts is preserved.
Waqf as an Instrument of Social Ethics: A Study of Islamic Legal Philosophy on Altruism and Ownership Syifauddin, Moh. Nazih; Arifin, Bustanul; Piryanti, Meri
At-Tahdzib: Jurnal Studi Islam dan Muamalah Vol 13 No 1 (2025): At-Tahdzib
Publisher : Sekolah Tinggi Agama Islam At-Tahdzib, Ngoro, Jombang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61181/at-tahdzib.v13i1.531

Abstract

Background: In the tradition of Islamic law, waqf functions not only as an economic or social worship instrument but also as an embodiment of transcendent ethical values, emphasizing ownership as a trust and altruism as a social principle. However, the development of waqf studies in Indonesia remains largely dominated by technical, administrative, and productive-economic approaches, with limited attention to the underlying value structures and moral logic. Aim: This study aims to examine waqf as an instrument of social ethics within the framework of Islamic legal philosophy, focusing on three core concepts: ownership, altruism (īthār), and maqāṣid al-sharīʿah. Methods: This research employs a qualitative normative-philosophical approach using hermeneutics and textual analysis. Primary data are drawn from classical works such as those of al-Shāfiʿī, al-Ghazālī, Ibn ʿĀshūr, and Mutahhari, while secondary data are obtained from academic journals indexed in Scopus and SINTA. The analysis applies ontological, axiological, and epistemological readings of ownership concepts and waqf practices. Results: The findings reveal that waqf, in its philosophical sense, represents the relinquishment of private ownership as an act of spiritual devotion that bridges faith and social responsibility. Altruism in Islam is not merely a moral behavior but a structured ethic integrated within the Islamic legal system. Therefore, the understanding of waqf should be constructed not only through formal legal aspects but also as a reflection of the ethical logic of Islamic law, oriented toward public welfare and social justice.
Co-Authors Bustanul Arifin Syifauddin, Moh. Nazih