Articles
<![CDATA[Dinamika fatwa produk keuangan syariah ]]>
<![CDATA[Mubarok, Jaih]]>
<![CDATA[ IJTIHAD Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 13, No 1 (2013): IJTIHAD Jurnal Wacana Hukum Islam dan Kemanusiaan ]]>
Publisher : <![CDATA[Sekolah Tinggi Agama Islam Negeri Salatiga ]]>
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<![CDATA[Fatwa (opinion of jurist/mufti) is developed by mufti/ulama as an instrument of Islamic law as well as guidance for ummah. Fatwa is considered as an actual instrument of Islamic jurisprudence because of certain reasons: a) qaul ulama (juristâs opinion) as another source of Islamic law beside Quran and hadits; b) there is one single authority of fatwa institution in Indonesia; and c) it is a Muftiâs response towards real social problems in the society. In fact, some fatwas of National Sharia Board are in harmonize with National Acts (i.e. Act of Central Bank).]]>
<![CDATA[RIBA DALAM TRANSAKSI KEUANGAN ]]>
<![CDATA[MUBAROK, JAIH]]>
<![CDATA[ At-Taradhi Vol 6, No 1 (2015): Ilmu Ekonomi ]]>
Publisher : <![CDATA[IAIN Antasari ]]>
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DOI: 10.18592/taradhi.v6i1.705
<![CDATA[Abstract: The doctrine of riba is one of the important teachings of related transactions in accordancewith Islamic principles. In sharia science, among sharia-compliant transaction is a transaction that isprotected from the elements of riba, gharar, gambling, dharar, and zhulm. This study successfully dem-onstrated the arguments Prohibition of riba and the formation of a variety of riba: 1) riba Fadl (due tonon-fulfillment of the provisions sawa â[â an] bi saawa [âin]); 2) riba nasaâ (due to non-fulfillment of theprovisions mitsl [â an] bi mitsl [âin]); and 3) nasiâah riba (because akumluasi the form of non-fulfillmentof the relevant provisions sawa â[â an] bi saawa [âin]) and mitsl [â an] bi mitsl [âin]). Another Riba is foundin the history of riba jahiliah and riba qardh. In the context of financial transactions, interest cash/bankincluding nasiâah riba.]]>
<![CDATA[The Islamic Perspective of Gold-Based Investment: The Case of Indonesia ]]>
<![CDATA[Risman, Asep]]>;
<![CDATA[Markonah, Markonah]]>;
<![CDATA[Mubarok, Jaih]]>;
<![CDATA[Saputra, Budi Lestijawan Eka]]>
<![CDATA[ Tazkia Islamic Finance and Business Review Vol. 18 No. 1 (2024): TIFBR ]]>
Publisher : <![CDATA[Faculty of Islamic Business and Management ]]>
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DOI: 10.30993/tifbr.v18i1.363
<![CDATA[Currently, there are many gold-based investment products, and investors are interested because some of them use sharia labels. Therefore, this study aims to identify and investigate gold-based investments from an Islamic perspective. It is hoped that this research can contribute new findings and enrich existing literature regarding gold investment in Indonesia, providing benefits for Muslim investors and the Muslim community in general. This study used qualitative research methods. Semi-structured interviews were conducted with parties who offer gold-based investment products on a large scale. Additional data sources include documents and manuscripts from the National Sharia Council (DSN-MUI) as well as author analysis. These findings show that not all gold-based investments in Indonesia comply with sharia principles. Only gold murabahah conducted by Islamic banking institutions meets sharia compliance.]]>
<![CDATA[Productive Zakat Law Implementation in Mentor Empowerment for Entrepreneurial Character Building and Mustahiq Empowerment ]]>
<![CDATA[Khatimah, Husnul]]>;
<![CDATA[Nuradi, Nuradi]]>;
<![CDATA[Mubarok, Jaih]]>
<![CDATA[ Indonesian Journal of Islamic Economics and Finance Vol 4 No 2 (2024) ]]>
Publisher : <![CDATA[Institut Agama Islam Sunan Giri Ponorogo ]]>
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DOI: 10.37680/ijief.v4i2.6213
<![CDATA[This study examines the law of productive zakat and its implementation in the mentor empowerment program for the formation of entrepreneurial character and empowerment of mustahiq. This study uses a library method with a qualitative approach and descriptive analysis that examines various opinions and sources of law on productive zakat. The study's results indicate differences of opinion among scholars regarding the permissibility of productive zakat. One group argues it is forbidden based on the premise of direct distribution and ownership of zakat funds by mustahiq. Another group allows productive zakat because of its greater benefits and impacts. The third view, namely moderate, allows productive zakat after the urgent needs of mustahiq are met. This study is more inclined towards this third view because it is considered the most appropriate to the current era and needs. The implementation of productive zakat is analyzed through the instruments of mudharabah, murabahah, and qardhul hasan. Mentoring is considered beneficial for business growth and mustahiq welfare. This study provides insight for zakat institutions to improve empowerment strategies and strengthen productive zakat policies.]]>
<![CDATA[ZAKAT HARTA PERDAGANGAN (‘URUDH AL-TIJARAH) ]]>
<![CDATA[Mubarok, Jaih]]>;
<![CDATA[Hasanudin, Hasanudin]]>
<![CDATA[ Al-Infaq: Jurnal Ekonomi Islam Al-Infaq: Jurnal Ekonomi Islam, Vol. 14 No.2 (2023) ]]>
Publisher : <![CDATA[Fakultas Agama Islam Universitas Ibn Khaldun Bogor, Indonesia ]]>
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DOI: 10.32507/ajei.v14i2.2498
<![CDATA[This study produced a zakat tariff formula; i.e. the annual Hijri zakat rate (2.5%) divided by the number of days in 1 Hijri year; the result of division multiplied by the number of days in 1 year AD; i.e. 2.5% : (JHTH) x (JHTM). The calculation result is 2.5%: 354 x 365 = 2.577%. Namely 2.5% zakat rate for hijri year, and 2.577% zakat rate for AD year (as compensation for the difference of 11 in 1 year). The formula for calculating zakat trading assets with hawl hijri year is: (BD) + (U) + (PMD) – (UJT) x 2.5%; i.e. unsold merchandise (BD symbol) plus unspent money (U symbol) plus receivables that may be paid (PMD symbol) minus the debt due (symbol UJT) multiplied by the zakat rate of the hiriah year (2.5%); and the formula for calculating zakat trading assets with hawl AD is: (BD) + (U) + (PMD) – (UJT) x 2.5%. The two formulas for calculating zakat are basically the same, the only difference is the rate of the hiriah year (2.5%) and the rate of the common year (2.577%).]]>
<![CDATA[Progressiveness of Islamic Economic Law in Indonesia: The Murā‘at Al-‘Ilal wa Al-Maṣāliḥ Approach ]]>
<![CDATA[Hasanudin, Hasanudin]]>;
<![CDATA[Mubarok, Jaih]]>;
<![CDATA[Maulana, Muhammad Al-Fayyad]]>
<![CDATA[ Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 7, No 2 (2023): Samarah: Jurnal Hukum Keluarga dan Hukum Islam ]]>
Publisher : <![CDATA[Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry ]]>
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DOI: 10.22373/sjhk.v7i2.17601
<![CDATA[Islamic economic law is unresponsive and tends to be legal-formal in supervising Sharia finance and economic development. Economics, in fact, emphasizes the aspects of flexibility and convenience. This study aims to reveal the response of fatwas to economic and financial developments using the murā‘at al-‘ilal wa al-maṣāliḥ approach. The study use qualitative research method. The study used qualitative research methods, analyzed using the proposed fiqh and fiqh approaches. The data studied is the fatwa of the National Sharia Council (Dewan Syariah Nasional/DSN) of the Indonesian Ulema Council (Majelis Ulama Indonesia/MUI). This fatwa is examined by comparing chronologically the time, the opinion of the clergy, and economic developments. The three fatwas became the focus and debate of scholars examined to find patterns in responding to the needs of financial and economic transactions. As a result, fatwas are dynamic and responsive to industry needs. The law can change since the legal reasons (‘illat) behind it also changes. The existence of a law lies in how the cause of the law works; hence, in fatwa, there are things changing and some are permanent legal provisions. This finding has implications for corrections to previous legal provisions and changes to contracts made between financial institutions and clients.]]>
<![CDATA[Productive Zakat Law Implementation in Mentor Empowerment for Entrepreneurial Character Building and Mustahiq Empowerment ]]>
<![CDATA[Khatimah, Husnul]]>;
<![CDATA[Nuradi, Nuradi]]>;
<![CDATA[Mubarok, Jaih]]>
<![CDATA[ Indonesian Journal of Islamic Economics and Finance Vol. 4 No. 2 (2024) ]]>
Publisher : <![CDATA[Institut Agama Islam Sunan Giri Ponorogo ]]>
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DOI: 10.37680/ijief.v4i2.6213
<![CDATA[This study examines the law of productive zakat and its implementation in the mentor empowerment program for the formation of entrepreneurial character and empowerment of mustahiq. This study uses a library method with a qualitative approach and descriptive analysis that examines various opinions and sources of law on productive zakat. The study's results indicate differences of opinion among scholars regarding the permissibility of productive zakat. One group argues it is forbidden based on the premise of direct distribution and ownership of zakat funds by mustahiq. Another group allows productive zakat because of its greater benefits and impacts. The third view, namely moderate, allows productive zakat after the urgent needs of mustahiq are met. This study is more inclined towards this third view because it is considered the most appropriate to the current era and needs. The implementation of productive zakat is analyzed through the instruments of mudharabah, murabahah, and qardhul hasan. Mentoring is considered beneficial for business growth and mustahiq welfare. This study provides insight for zakat institutions to improve empowerment strategies and strengthen productive zakat policies.]]>
<![CDATA[LEGAL REASONING BY JUDGES IN THE DECISION OF THE RELIGIOUS COURT IN THE DKI JAKARTA AREA REGARDING SHARIA FINANCING ]]>
<![CDATA[Supardin, Muhammad Ikhlas]]>;
<![CDATA[Mubarok, Jaih]]>;
<![CDATA[Muslimin, JM]]>;
<![CDATA[Nasril, Muhammad]]>;
<![CDATA[Amir, Rahma]]>
<![CDATA[ AL-ISTINBATH : Jurnal Hukum Islam Vol 10 No 1 (2025) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Curup ]]>
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DOI: 10.29240/jhi.v10i1.10917
<![CDATA[This study aims to analyze the differences in Religious Court rulings on Sharia economic cases based on judges' ijtihad in interpreting and constructing laws. The legal interpretation conducted by judges represents ijtihad in uncovering legal solutions to Sharia economic issues found in Religious Court rulings in the DKI Jakarta region from 2016 to 2022. Judges’ ijtihad in legal discovery employs various methods or approaches, resulting in differences in rulings. The conceptual approaches utilized in this study include the statute approach and the case approach. The data sources for this research comprise Religious Court decisions in the DKI Jakarta region from 2016 to 2022 concerning Sharia economic cases, including murabahah, musyarakah, mudarabah, and istisna contracts. The data analysis technique employed in this research is descriptive qualitative analysis. The findings of this study demonstrate that judges’ ijtihad in legal discovery is grounded in statutory regulations and various relevant legal sources. Judges’ legal reasoning in examining, adjudicating, and delivering rulings applies different interpretative methods or approaches, leading to variations in rulings on similar Sharia economic cases. The ijtihad or legal reasoning methods used by judges are categorized into juridical interpretation methods, including grammatical, systematic, and authentic interpretations. Additionally, teleological interpretation is the sole legal reasoning method used by judges as a contextual approach, incorporating empirical evidence based on statutory provisions.]]>
<![CDATA[PELAKSANAAN AKAD TABARRU’ DAN AKAD WAKALAH BIL UJRAH PADA PRODUK ASURANSI SYARIAH DI AXA MANDIRI KCP BUAH BATU ]]>
<![CDATA[Rahmat, Syaukani]]>;
<![CDATA[Mubarok, Jaih]]>
<![CDATA[ Al-Muamalat: Jurnal Ekonomi Syariah Vol. 6 No. 2 (2019): July ]]>
Publisher : <![CDATA[Department of Sharia Economic Law, Faculty Sharia and Law, UIN Sunan Gunung Djati Bandung ]]>
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DOI: 10.15575/am.v6i2.9647
<![CDATA[                ABSTRACTMandiri Syariah Sejahtera Syariah is a product issued by one of the conventional insurance companies, namely AXA Mandiri, which is a sharia-based insurance product that has both the first benefit of the potential benefits of using tabarru 'contract and the second benefit is using the wakalah bil ujrah contract. The purpose of this study was to determine 1) the mechanism of implementation of tabarru 'contract in the Mandiri Sejahtera (MRS) product on Axa Mandiri at KCP Buah Batu Bandung 2) mechanism for the implementation of the wakalah bil ujrah contract in the Mandiri Rencana Sejahtera (MRS) product on Axa Mandiri on KCP Buah Batu Bandung 3) Assessment of Syari'ah Economic Law (Muamalah) on the implementation of tabarru 'contract and the contract of wakalah bil Ujrah in the Mandiri Sejahtera (MRS) product on Axa Mandiri at KCP Buah Batu Bandung. The conceptual framework or concept of problem solving in this study uses two DSN- MUI  fatwas,  first  Fatwa  No.53  /  DSN-MUI  /  III  /  2006  concerning  Tabarru. 'Agreement on Sharia Insurance and No.NDN. 52 / DSN-MUI / III / 2006 concerning the Wakalah Agreement on Uj Ujrah on Sharia Insurance and Sharia Reinsurance. The type of research used in this study is empirical research (socio legal research). Using descriptive analysis method, while the data collection method is through interviews, documentation and literature study, which is collecting, compiling, analyzing, managing data and drawing conclusions from this study. The conclusion obtained from this study is that 1) the implementation of the tabarru contract in which policyholders grant their funds to PT Axa Mandiri and are collected in separate accounts with other funds. 2) Implementation of the wakalah bil ujrah contract, where the customers represent PT Axa Mandiri to manage these funds in sharia instruments, divide the results when there is a surplus underwriting and perform Qardh (pinjman) in the event of a deficit. 3) As well as a review of Sharia Economic Law in the DSN fatwa No. 53 / DSN-MUI / III / 2006 concerning Tabarru 'Agreement on Sharia Insurance and No.NDN. 52 / DSN-MUI / III / 2006 concerning the Wakalah Agreement  Bil  Ujrah  on Sharia  Insurance  and  Sharia  Reinsurance.  Against the implementation of the Tabarru 'Agreement and the Wakalah Bil ujrah contract in the Mandiri Renacana Sejahtera product in AXA Mandiri KCP Buahbatu is in accordance with Sharia Principles. But regarding the provisions of the contract not written down or clearly explained about the rights and obligations between the participants as participants in the group meaning. Where should be explained such as the rights andgations of participants as individuals so that there is clarity in the participants' understanding of the rights and obligations of the participants. ]]>
<![CDATA[PENERAPAN AKAD ISTISHNA’ PADA KPR SYARIAH ASTER VILLAGE CIWASTRA DI PT ROYAL BRIDEA INDONESIA ]]>
<![CDATA[Nurmala, Risma]]>;
<![CDATA[Mubarok, Jaih]]>;
<![CDATA[Hasanudin, Muhammad]]>
<![CDATA[ Al-Muamalat: Jurnal Ekonomi Syariah Vol. 7 No. 1 (2020): January ]]>
Publisher : <![CDATA[Department of Sharia Economic Law, Faculty Sharia and Law, UIN Sunan Gunung Djati Bandung ]]>
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DOI: 10.15575/am.v7i1.10859
<![CDATA[In the case of house purchases in it will be given the breadth to continue or cancel the contract (khiyar), in the implementation of the Aster Village Ciwastra only allow khiyar majelis while khiyar conditions are not allowed. This study aims to determine the concept of Aster Village Ciwastra sharia mortgages at PT Royal Bridea Indonesia, know the operational system of Aster Village Ciwastra sharia mortgages at PT Royal Bridea Indonesia, and the application of the istishna 'contract that has been applied, is it in accordance with DSN-MUI fatwa No 06 year 2000 about buying and selling istishna'. The method used is descriptive which aims to explain or describe the practice of istishna contract 'at Aster Village Ciwasta. Based on the results of the study, it can be concluded 1). The concept of sharia mortgages used by Aster Village Ciwastra at PT Royal Bridea Indonesia is a concept of ownership that is paid directly to the developer without involving the bank. 2). Sharia KPR operational system used is a 5-year KPRS with a system without a bank, without interest, without confiscation, and without a contract that is false. 3). The application of the istishna contract 'at Aster Village Ciwastra sharia mortgages at PT Royal Bridea Indonesia was reviewed with fatwa No 06 / DSN - MUI / IV / 2000 concerning the sale and purchase of istishna' not yet in full compliance, namely in the case of the provisions of item 5 (mustashni buyers' may not be allowed sell goods before the recipient) and 7 (in case there is a defect or the goods are not in accordance with the agreement, the customer has a khiyar right (the right to vote) to continue or cancel the contract), whereas in the implementation prior to the agreement it has been stipulated that only allows the khiyar of the assembly while the khiyar is a condition not allowed. There are also other matters regarding the provisions of points 2 and 3.]]>
