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All Journal MUQTASID Muqtasid: Jurnal Ekonomi dan Perbankan Syariah JURNAL PENELITIAN Journal of Information System, Applied, Management, Accounting and Research Jurnal Investasi Islam HIKMATUNA: Journal for Integrative Islamic Studies Jurnal Penelitian Hikmatuna Jurnal Hukum Islam
Ali Amin Isfandiar
STAIN Pekalongan
Religion Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : JURNAL PENELITIAN

 1 
ANALISIS FIQH MUAMALAH TENTANG HYBRID CONTRACT MODEL DAN PENERAPANNYA PADA LEMBAGA KEUANGAN SYARIAH Isfandiar, Ali Amin
Jurnal Penelitian Vol 10 No 2: November 2013
Publisher : IAIN Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (244.73 KB) | DOI: 10.28918/jupe.v10i2.361

Abstract

This paper is intended to analyze philosophically about the existence of a hybrid contract (english) or al-‘Uqûd al-Murakkabah (Arabic) or multiakad (Indonesia). Search focused on the opinion of scholars of hadith and fiqh (muamalah), as well as its application in Islamic Financial Institutions. This is important, because, in the form of a single contract is not able to respond to contemporary financial transactions which always move and are affected by the financial industry both nationally, regionally and internationally. By using qualitative and literature method, the study concluded that, firstly, fiqh muamalah contemporary view of the hadith related to contract hybrid models lead to the editorial about the ban of bai’ataini fi bai’atin (two sale and purchase in the sale), ban of shafqataini fi shafqatin (two agreements in the deal) and the prohibition of bay’ and the salaf (sale and purchase agreement and ordering of goods), secondly, the construction of contract hybrid models in Islamic banks is addressed to the construction of al- ‘Uqûd al-Mutaqâbilah (dependent or conditional contract), which implemented on Guarantee Bank (BG), and al-‘Uqûd al-Mujtami'ah (same type contract), which implemented on the Housing Financing.
INSTITUSIONALISASI AKAD MUAMALAH (Studi Transformasi tentang Proses dan Alur Migrasi Akad Personal ke Akad Institusi dalam Perbankan Syariah) Isfandiar, Ali Amin
Jurnal Penelitian Vol 6 No 1: Mei 2009
Publisher : IAIN Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (116.379 KB) | DOI: 10.28918/jupe.v6i1.212

Abstract

Islamic contract mechanism, as it's called al-'aqd al-muamalah) was done as personal contract. The emerging of islamic bank makes it transfrormed being an institution contract, that changes a simple contract being a rigid one, because a position of the islamic bank. This process is called by "institutionalization", where it could be realized without external power which support that process, such as policy power who arranges by rules, internal resources who prepars software, hardware and brainware, economi power who supports market acceptance analysis, social power who supports accelerated improvement and inovation, and ijtihad power who supports syariah compliance. The three latest are  research focus and by social economic approach and qualitative analysis model, this research finds that the institutionalization of islamic contract has been transforming for a long-long time ago and using two ways scientifically integration process, economics and syariah (islamic law), especially al-fiqh al-mu'ámalah.
INSTITUSIONALISASI AKAD MUAMALAH (Studi Transformasi tentang Proses dan Alur Migrasi Akad Personal ke Akad Institusi dalam Perbankan Syariah) Ali Amin Isfandiar
Jurnal Penelitian Vol 6 No 1: Mei 2009
Publisher : IAIN Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jupe.v6i1.212

Abstract

Islamic contract mechanism, as it's called al-'aqd al-muamalah) was done as personal contract. The emerging of islamic bank makes it transfrormed being an institution contract, that changes a simple contract being a rigid one, because a position of the islamic bank. This process is called by "institutionalization", where it could be realized without external power which support that process, such as policy power who arranges by rules, internal resources who prepars software, hardware and brainware, economi power who supports market acceptance analysis, social power who supports accelerated improvement and inovation, and ijtihad power who supports syariah compliance. The three latest are  research focus and by social economic approach and qualitative analysis model, this research finds that the institutionalization of islamic contract has been transforming for a long-long time ago and using two ways scientifically integration process, economics and syariah (islamic law), especially al-fiqh al-mu'ámalah.
ANALISIS FIQH MUAMALAH TENTANG HYBRID CONTRACT MODEL DAN PENERAPANNYA PADA LEMBAGA KEUANGAN SYARIAH Ali Amin Isfandiar
Jurnal Penelitian Vol 10 No 2: November 2013
Publisher : IAIN Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jupe.v10i2.361

Abstract

This paper is intended to analyze philosophically about the existence of a hybrid contract (english) or al-‘Uqûd al-Murakkabah (Arabic) or multiakad (Indonesia). Search focused on the opinion of scholars of hadith and fiqh (muamalah), as well as its application in Islamic Financial Institutions. This is important, because, in the form of a single contract is not able to respond to contemporary financial transactions which always move and are affected by the financial industry both nationally, regionally and internationally. By using qualitative and literature method, the study concluded that, firstly, fiqh muamalah contemporary view of the hadith related to contract hybrid models lead to the editorial about the ban of bai’ataini fi bai’atin (two sale and purchase in the sale), ban of shafqataini fi shafqatin (two agreements in the deal) and the prohibition of bay’ and the salaf (sale and purchase agreement and ordering of goods), secondly, the construction of contract hybrid models in Islamic banks is addressed to the construction of al- ‘Uqûd al-Mutaqâbilah (dependent or conditional contract), which implemented on Guarantee Bank (BG), and al-‘Uqûd al-Mujtami'ah (same type contract), which implemented on the Housing Financing.
Co-Authors Abdul Majid Aenurofik Arofatun, Sulis Ari Kurniawan, Muchammad Arif Makarim, Ahmad Nabil Mansur Chadi Mursid Masrur, Muhamad Rinda, Asytuti