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All Journal IJTIHAD Jurnal Wacana Hukum Islam dan Kemanusiaan Jurnal Ekonomi Islam ALQALAM Jurnal Ekonomi Islam
Muhammad Nadratuzzaman Hosen
FSH UIN JAKARTA dan The Ibrahim Hosen Institute
Religion Arts Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Tinjauan akad murabahah li al-amr bi ashira Hosen, Muhammad Nadratuzzaman
IJTIHAD Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 12, No 2 (2012)
Publisher : Sekolah Tinggi Agama Islam Negeri Salatiga

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Abstract

This article aim to examine the term of mura>bah}a li al-a>mr bi ashira> (MLAB) is not widely known by practitioners and observers of Islamic economics. MLAB is a term of contemporary fikih that is different from classical mura>bah}a, the difference is not located at the level of the concept, but lies in the procedures performed. The most fundamental difference between mura>bah}a and MLAB is located on the parties to a contract; in MLAB parties directly involved are the sellers, banks and customers as a buyer, while the mura>bah}a parties involved only the seller and buyer. In addition, there is necessity in carrying out the promise of MLAB (wa’ad al-mulzim) the sale and purchase of a promise by the bank and the customer. The method of this article is to review the opinion of Islamic scholars in many books and articles, meanwhile the aim of this article is to explain the controversial behind of two contracts such as mura>bah}a, and mura>bah}a li al-a>mr bi ashira>>> in the implementation of Islamic Finance and Islamic Banks.
Mendudukkan status hukum asuransi syariah dalam tinjauan fuqaha kontemporer Hosen, Muhammad Nadratuzzaman; Muayyad, Deden Misbahuddin
IJTIHAD Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 13, No 2 (2013): IJTIHAD Jurnal Wacana Hukum Islam dan Kemanusiaan
Publisher : Sekolah Tinggi Agama Islam Negeri Salatiga

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Abstract

Insurance Law in The contemporary Islamic Jurists Reviews. The aim of this article is to explain theinsurance points of view of contemporary Islamic jurists. In the classical fiqh literatures, discussion ofinsurance can not be found except in the book of Rad al Muhtar ‘ala Dar al Mukhtar, this book ispublished by Ibn Abidin Hanafiyah as a Islamic Jurist. The Insurance is allowed by the majority ofcontemporary jurists, namely, insurance ta’awuni based on tabarru (donation), while insurance tijari isnot allowed because it contains elements that are prohibited such as riba and gharar.
TINJAUAN HUKUM FIKIH TERHADAP HADIAH TABUNGAN DAN GIRO DARI BANK SYARI'AH Hosen, Muhammad Nadratuzzaman; Muayyad, Deden Misbahudin
ALQALAM Vol 30 No 1 (2013): January - April 2013
Publisher : Center for Research and Community Service of UIN Sultan Maulana Hasanuddin Banten-Serang City-Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (960.88 KB) | DOI: 10.32678/alqalam.v30i1.1409

Abstract

This article explains about the Islamic law of gift from Bank to customers related to saving and gyro accounts of Islamic Bank. The Islamic Banks give gift directly  and  indirectly  to  new  ettstomers  and  old  customers  through drawing  (qur'ah) or lottery and non-drawing. There are disputes (ikhtilaf) among Islamic Law  Experts (Fuqaha’) about the status of law when Islamic Banks give the gift. Hanafi and  Syafi'i  Schools  of thought  opined  that  the gift  can  be given  to  the customers as long as there is no agreement between bank and costomers meanwhile the banks still have a debt to consumers, this is permissible. Maliki and Hanbali schools opined that the gift is not permissible during the time of borrowing and lending. Majority Islamic Exsperts allow to give gift after banks have already paid­ back the debt to consumers as long as there is no agreement between bank and cusiomers, but Maliki School do not allow lo give gift at that condition. Also, for giving gift should free from gambling or elements of gambling (muqamarah).  The method of this article is using literature reviews from classical Islamic Law's books and contemporary Islamic law's books related to drawing or lottery and gambling, meanwhile the aims if this mticle are to investigate the law status if gift from bank to new customers and old customers with direct and indirect ways.   Keywords : gift, saving and gyro accounts, disputes, drawing and elements of gambling
RESPON ULAMA NAHDLATUL ULAMA MADURA TERHADAP FATWA MAJELIS ULAMA INDONESIA TENTANG WAKAF UANG Harisah, Harisah; Gultom, Mitra Sami; Hosen, Muhammad Nadratuzzaman; Kusairi, Ah.; Ahmad, Azlin Alisa
Ekonomi Islam Vol. 15 No. 2 (2024): Jurnal Ekonomi Islam Fakultas Agama Islam UHAMKA
Publisher : Universitas Muhammadiyah Prof DR HAMKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22236/jei.v15i2.14564

Abstract

This research was aimed at examining the response made by the ulama (Islamic religious scholars) of the Madura Branch of the NU and to find out their reactions to the MUI fatwa concerning cash wakaf. This research was classified as qualitative. The sample for this research consisted of 101 religious scholars of the Madura branch of the NU. The research was conducted in the form of surveys and interviews with these Madura NU members, to ascertain their arguments. The results of the research obtained showed convincingly that the majority of NU religious scholars accept and agree with the MUI Fatwa concerning cash wakaf, in that the response “agree” (Setuju – S) received the highest percentage return for all items, recording positive results between 40% and 60%, whilst the percentages for the response “strongly agree” (sangat setuju - SS) was the second strongest, receiving between 19% and 48% support. Based upon the results of the interviews conducted by the researchers with the NU Madura theologians, it was their opinion that the MUI Fatwa concerning cash wakaf fulfils the requirements of Islamic religious law. Not only that, but these scholars were also of the opinion that a cash wakaf can be a beneficial social instrument and may assist in overcoming social problems in their regions. The implication of this study is that the validity of the MUI fatwa can be widely accepted among local scholars, providing a strong legal foundation for the development of cash waqf in Indonesia, particularly in Madura. This fatwa is not only recognized as valid according to Islamic law, but also serves as a basis for the acceptance of cash waqf by the public as a legitimate and effective charitable instrument Keywords: Nahdhatul Ulama’, Fatwa Commission, Cash Wakaf, Madura.
RESPON ULAMA NAHDLATUL ULAMA MADURA TERHADAP FATWA MAJELIS ULAMA INDONESIA TENTANG WAKAF UANG Harisah, Harisah; Gultom, Mitra Sami; Hosen, Muhammad Nadratuzzaman; Kusairi, Ah.; Ahmad, Azlin Alisa
Ekonomi Islam Vol. 15 No. 2 (2024): Jurnal Ekonomi Islam Fakultas Agama Islam UHAMKA
Publisher : Universitas Muhammadiyah Prof DR HAMKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22236/jei.v15i2.14564

Abstract

This research was aimed at examining the response made by the ulama (Islamic religious scholars) of the Madura Branch of the NU and to find out their reactions to the MUI fatwa concerning cash wakaf. This research was classified as qualitative. The sample for this research consisted of 101 religious scholars of the Madura branch of the NU. The research was conducted in the form of surveys and interviews with these Madura NU members, to ascertain their arguments. The results of the research obtained showed convincingly that the majority of NU religious scholars accept and agree with the MUI Fatwa concerning cash wakaf, in that the response “agree” (Setuju – S) received the highest percentage return for all items, recording positive results between 40% and 60%, whilst the percentages for the response “strongly agree” (sangat setuju - SS) was the second strongest, receiving between 19% and 48% support. Based upon the results of the interviews conducted by the researchers with the NU Madura theologians, it was their opinion that the MUI Fatwa concerning cash wakaf fulfils the requirements of Islamic religious law. Not only that, but these scholars were also of the opinion that a cash wakaf can be a beneficial social instrument and may assist in overcoming social problems in their regions. The implication of this study is that the validity of the MUI fatwa can be widely accepted among local scholars, providing a strong legal foundation for the development of cash waqf in Indonesia, particularly in Madura. This fatwa is not only recognized as valid according to Islamic law, but also serves as a basis for the acceptance of cash waqf by the public as a legitimate and effective charitable instrument Keywords: Nahdhatul Ulama’, Fatwa Commission, Cash Wakaf, Madura.
Co-Authors Ah. Kusairi Ahmad, Azlin Alisa Deden Misbahuddin Muayyad Gultom, Mitra Sami Harisah, Harisah Muayyad, Deden Misbahudin