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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.
Regulatory Compliance and Islamic Business Ethics in Umrah Administration: Rethinking the Centrality of Pilgrim Protection Mahmudi Affan Rangkuti; Hendri Tanjung; Indupurnahayu Indupurnahayu; Trisiladi Supriyanto
Al-Intaj : Jurnal Ekonomi dan Perbankan Syariah Vol 12, No 1 (2026)
Publisher : Faculty of Economics and Islamic Business, UIN Fatmawati Sukarno Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/aij.v12i1.10654

Abstract

Purpose:This article rethinks pilgrim protection as the normative core of Umrah administration by examining whether regulatory compliance and Islamic business ethics function as an integrated governance framework or remain disconnected in practice. It positions pilgrim welfare, financial security, and spiritual integrity as the primary criteria for assessing the legitimacy of Umrah services.Design/Methodology:The study employs a qualitative socio-legal approach combined with normative ethical analysis. It examines Indonesia’s regulatory framework for Umrah administration and the operational role of digital oversight systems as instruments of monitoring and reporting. Compliance is interpreted through maqasid-oriented principles of Islamic business ethics, drawing on regulatory provisions and documented patterns of administrative problems to evaluate protection outcomes.Findings:The findings indicate persistent structural weaknesses in compliance quality and fragmented oversight, reflected in recurring issues such as system misuse and cases of pilgrim abandonment. These patterns demonstrate that procedural compliance does not automatically translate into substantive pilgrim protection. While strengthening data-driven supervisory systems is necessary, it remains insufficient without robust internal compliance capacity and accountable service standards.Practical Implications:This article offers a protection-centered analytical framework that bridges legal compliance theory and Islamic business ethics by reframing pilgrim protection as measurable governance substance rather than a symbolic commitment. It contributes a conceptual shift from form-based compliance to outcome-oriented ethical accountability in faith-based service administration.Originality/Value:The study recommends integrating sharia-compliance guidance into digital oversight mechanisms, strengthening transparency and public accountability, and developing fair dispute-resolution procedures to realign industry incentives with effective pilgrim protection and public trust.
Regulatory compliance and ethical governance in umrah services: Assessing pilgrim protection in Indonesia Mahmudi Affan Rangkuti; Hendri Tanjung; Indupurnahayu; Trisiladi Supriyanto
Journal of Advanced Sciences and Mathematics Education Vol. 6 No. 2 (2026): Journal of Advanced Sciences and Mathematics Education
Publisher : CV. FOUNDAE

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58524/jasme.v6i1.1059

Abstract

Background: The governance of Umrah services in Indonesia formally emphasizes sharia compliance and regulatory control as mechanisms for protecting pilgrims. However, recurring problems in service delivery suggest a gap between procedural compliance and the substantive protection expected within religious service administration. Aims: This study aims to examine how regulatory compliance and ethical governance influence the protection of Umrah pilgrims in Indonesia by assessing whether existing governance mechanisms provide substantive protection or remain limited to procedural compliance. Method: The study adopts a normative–empirical approach by examining statutory regulations, policy instruments, and supervisory mechanisms governing Umrah services. These regulatory frameworks are analyzed alongside institutional documents and implementation records to assess how compliance mechanisms operate in practice. Results: The findings indicate that pilgrim protection is predominantly pursued through procedural mechanisms such as licensing systems, administrative reporting, and digital monitoring platforms. Nevertheless, these instruments do not consistently produce strong and enforceable protection across the Umrah service chain. In many cases, sharia compliance functions primarily as formal adherence to regulatory requirements rather than as an ethical commitment to safeguarding pilgrims’ rights and service reliability. Conclusion: The study concludes that effective pilgrim protection requires a shift from procedural compliance toward ethical governance and substantive regulatory accountability. Strengthening institutional compliance mechanisms and integrating ethical principles into regulatory supervision are essential for ensuring that sharia compliance functions as a meaningful instrument of protection rather than merely an administrative standard.