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الحيل وتطبيقاتها في المعاملات المالية المعاصرة بيع الوفاء نموذجا (دراسة فقهية تحليلية لفتوى الهيئة الشرعية الوطنية لمجلس العلماء الإندونيسي ومجمع الفقه الإسلامي الدولي بشأن اتفاقية إعادة الشراء (الريبو) كتطبيق بيع الوفاء المعاصر) Ridwan Agustiawan; Trisiladi Supriyanto; Hari Susanto
Reslaj: Religion Education Social Laa Roiba Journal Vol. 7 No. 3 (2025): RESLAJ: Religion Education Social Laa Roiba Journal
Publisher : Intitut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/reslaj.v7i3.6658

Abstract

This study aims to analyze ḥiyal within the framework of contemporary financial transactions, with a focus on bayʿ al-wafā as an applied model. It also sheds light on the fatwas issued by the National Sharia Board of the Indonesian Council of Ulama (DSN-MUI) and the International Islamic Fiqh Academy (IIFA) regarding repurchase agreements as a contemporary application of bayʿ al-wafā . The research adopts an inductive, analytical, and comparative methodology. The study concluded with several key findings, most notably that the disagreement among jurists regarding the use of ḥiyal is primarily verbal. They unanimously agree on the criterion by which ḥiyal is classified as permissible or impermissible: its alignment or conflict with the principles of Islamic law. The disagreement lies in categorizing specific cases under either category, which varies from one case to another. Additionally, the study found that repurchase agreements closely resemble bayʿ al-wafā with no significant differences between them. Both transactions, in reality, represent interest-bearing loans riba , as the sales and purchases involved are not genuine. Thus, they are prohibited because they serve as a stratagem to circumvent riba. The study further highlights that both the National Sharia Board (DSN-MUI) and the International Islamic Fiqh Academy (IIFA) agree on the necessity of aligning repurchase agreements with the principles of Islamic law. However, they differ in their rulings. The DSN-MUI permits such agreements, provided they adhere to specific conditions outlined in its fatwa, while the IIFA prohibits them, considering them transactions tainted with riba ambiguity. The primary difference lies in the methodology of ijtihad and the application of Shariah principles within the context of repurchase agreements.
Peran Badan Wakaf Indonesia dalam Mengembangkan Wakaf Ditinjau Dari Segi Maqashid Syariah Faqih Hamdani Hafizh; Jaih Mubarok; Hari Susanto
Al-Kharaj: Jurnal Ekonomi, Keuangan & Bisnis Syariah Vol. 7 No. 2 (2025): Al-Kharaj: Jurnal Ekonomi, Keuangan & Bisnis Syariah
Publisher : Intitut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/alkharaj.v7i2.5682

Abstract

Until nowadays, waqf got attention from the government to develop in many ways of innovations. However, the enactment becoming main subject of waqf in law number 41/2004 has not been changed from twenty years ago covering the regulations of waqf in Indonesia. Many of economists having outlook amendment for this law in waqf. This research was held to assess the government role in developing waqf proccess, specifically Indonesian Waqf Board (BWI) as an independent institution authorized by the government to developing waqf in 2019-2023 period from “maqâshid sharia” point of view. This research used to the qualitative and descriptive method with library studies which used primary sources from laws of the Indonesia in waqf and laws that regulated BWI. The secondary sources taken from islamic classic books written by Ulama long time ago, results of seminars, journals, official reports, credible situs web, and result of interview with two members of BWI. The result of research appeared that the government as the authority and specifically BWI are being an important element in developing waqf which reach in “ad-dharuriyât” level in “maqâshid sharia”, and in common, the realisation BWI has been playing the role very well to develop waqf with various innovations.
Optimalisasi Market Share Lembaga Keuangan Syariah di Indonesia melalui Pembiayaan Sektor Rural Zaid; Muhammad Findi; Hari Susanto
Al-Kharaj: Jurnal Ekonomi, Keuangan & Bisnis Syariah Vol. 7 No. 9 (2025): Al-Kharaj: Jurnal Ekonomi, Keuangan & Bisnis Syariah
Publisher : Intitut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/alkharaj.v7i9.9472

Abstract

As an agricultural country, Indonesia until now has not been able to maximize the existing natural potential and the potential of the workforce, the majority of whom earn a living as farmers. This is evidenced by the narrowing of agricultural land due to the conversion of available land for other businesses and the level of welfare of farmers who are still far from being achieved, this has led to a lack of interest in today's society to become farmers.This research uses a qualitative method with a descriptive analysis approach and with data sources from the library research method. Based on the research conducted, there are several things that can be applied so that the rural sektor in Indonesia can be more advanced and able to prosper farmers, among the things that can be applied are to optimize the use of sharia insurance in agriculture in order to guarantee farmers the uncertainty of the harvest, re-establish special agricultural financial institutions that were once established or by applying contracts that have been applied in various agricultural banks in the world into financing by Islamic financial institutions, especially with Salam contracts.
ANALYSIS OF THE IMPLEMENTATION OF DSN-MUI FATWA NO. 44/DSN–MUI/2004 ON THE IJĀRAH CONTRACT IN MULTISERVICE FINANCING AT ISLAMIC FINANCIAL INSTITUTIONS: A Case Study of BPRS Artha Fisabilillah Cianjur Mas Atiawati; Ibdalsyah Ibdalsyah; Hari Susanto; Haris Renaldi
Ad Deenar: Jurnal Ekonomi dan Bisnis Islam Vol 10 No 01 (2026): Ad-Deenar: Jurnal Ekonomi dan Bisnis Islam
Publisher : Sekolah Tinggi Agama Islam Al Hidayah Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30868/ad.v10i01.10048

Abstract

The increasing complexity of economic activities requires financing instruments that are not only responsive to public needs but also compliant with Islamic principles. One such instrument offered by Islamic financial institutions is multi-service financing based on the ijarah contract. However, improper implementation may lead to deviations from sharia principles, particularly the risk of riba. This study aims to analyze the implementation of the ijarah contract in multi-service financing at BPRS Artha Fisabilillah Cianjur, examine its conformity with the DSN-MUI Fatwa Number 44 of 2004, and identify potential indications of non-sharia practices. This research employs a qualitative field research approach. Data were collected through observation, interviews, and documentation, using both primary and secondary sources. The data were analyzed using descriptive qualitative methods. The findings indicate that the implementation of ijarah-based multi-service financing at BPRS Artha Fisabilillah has complied with the provisions stipulated in DSN-MUI Fatwa Number 44 of 2004, particularly regarding the object of the contract and the determination of ujrah. Therefore, the financing practice can be considered sharia-compliant and free from elements of riba.