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All Journal Perisai : Islamic Banking and Finance Journal Tadarus: Jurnal Pendidikan Islam Jurnal Masharif al-Syariah: Jurnal Ekonomi dan Perbankan Syariah TSAQAFAH Justisia Ekonomika Karunia: Jurnal Hasil Pengabdian Masyarakat Indonesia
Abdul Wahab
Universitas Muhammadiyah Surabaya
Agriculture, Biological Sciences & Forestry Humanities Economics, Econometrics & Finance Education Engineering Health Professions Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Justisia Ekonomika

 1 
ANALISIS PUTUSAN PENGADILAN TINGGI AGAMA SURABAYA DALAM PERKARA GUGATAN EKONOMI SYARIAH TENTANG WANPRESTASI AKAD AL QARDH DAN AKAD IJARAH (STUDI KASUS PUTUSAN PERKARA NOMOR 0223/Pdt.G/2015/PTA.Sby) Ummi Nurjannah Prastyawati; Abdul Wahab
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 4 No 1 (2020)
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v4i1.5229

Abstract

ABSTRACTIn connection with the Sharia Economy referred to in article 49 of Law number 3 of 2006 letter (i) above, that Sharia Economy in actions or business activities carried out according to sharia principles. Then all sharia financing institutions and financial customers or conventional banks that open the sharia business sector, are naturally bound to sharia economic benefits.With the formulation of the problem: first, What is the main case number : 0223 / Pdt.G / 2015 / PTA.Sby Surabaya religious court about the breach of the Akad al Qardh and Akad Ijarah contracts, Second, What is the legal basis of the judges of the Surabaya Religion Court in decide the Islamic economic dispute case number : 0223 / Pdt.G / 2015 /PTA.Sby, Third, What is the decision of the Judge regarding the Al Qardh Akad Performance and Akad Ijarah in the Case Verdict Case Number : 0223 / Pdt.G / 2015 / PTA.Sby.By using the normative juridical descriptive research method which is an approach that uses a positivist juridical conception, namely that the law is identical to the written norm made by the authorities, so far the law has been made as a normative system that is autonomously closed and independent of people's lives. Based on the research results that are considered by Judges in the decision number : 0223 / Pdt.G / 2015 / PTA. By the source of the law used is Law number 7 of 1989 as amended by Article Law Number 3 of 2006 and the second amendment to Law Number 50 of 2009, Law Number: 1 of 1995 concerning limited liability companies, compilation of Sharia Economic Law (KHES) and HIR. Key Word: Analysis of Court Decisions, Akad Al Qardh and Akad Ijarah
Akad Qardh Hasan Dalam Perspektif Maqashid Syariah Abdul Wahab
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 5 No 2 (2021)
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v5i2.11384

Abstract

Qardh as a contract is a type of financing without any reward. Maqashid Sharia is the goal of establishing sharia which is directed towards maslahah. The application of qordh must be based on the basis of maqashid sharia, in order to achieve mutual maslahah. The relationship between qordh and maqashid sharia is the focus of this research. This research belongs to the type of qualitative research with technical literature, namely reading books and relevant research results, the books read can be in the form of textbooks, encyclopedias and dictionaries. The analysis is carried out with a deductive mindset, which is based on general facts and then researched and finally put forward a specific problem solving, with qualitative descriptive techniques in order to find knowledge of the research subject at a certain time. Qardh in the context of maqashid sharia is included in the realm of hifdzul mal (guarding property) from damage, in this case keeping Muslim assets in the hands of moneylenders. So that the property of a Muslim can be safe and not burdened with bloated bills. This is because in qardh a Muslim who becomes a customer only needs to return what he borrowed. So that the maslahah which is the goal of maqashid is achieved Keywords: Qardh, Maqashid Syariah,
THE CONCEPT OF PROPERTY OWNERSHIP ACCORDING TO ABU AHRA TO REALIZE ECONOMIC BALANCE Muhammad Vicki Azhari; Abdul Wahab
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 8 No 1 (2024): Juni
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v8i1.21920

Abstract

Islamic law guarantees humanity's benefit in all matters, including property ownership and management of natural resources. Property rights are the rights of every individual that must be respected and must not be violated. However, for the common good, some things are considered common needs and must be managed to benefit humanity as a whole. This writing is literature research using a qualitative descriptive method, examining the theory of thought and the concept of ownership according to Imam Abu Zahra in muamalah fiqh. The research results show that in Islam, property ownership is regulated by Sharia which is different from the capitalist system which does not limit ownership, and the socialist system which limits individual ownership. Islam with its sharia provides a concept of ownership that upholds morals and justice so that it can create economic balance in society
Co-Authors Dian Lailatullailia Muhammad Vicki Azhari Setiyowati, Arin Ummi Nurjannah Prastyawati