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All Journal Al-Mustashfa PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Jurnal Tabarru': Islamic Banking and Finance Amwaluna Jurnal Ekonomi dan Keuangan Syariah Pena Justisia: Media Komunikasi dan Kajian Hukum Res Nullius Law Journal Al-Awqaf: Jurnal Wakaf dan Ekonomi Islam Coopetition : Jurnal Ilmiah Manajemen International Journal Of Science, Technology & Management (IJSTM) International Journal of Environmental, Sustainability, and Social Science Eco-Iqtishodi : Jurnal Ilmiah Ekonomi dan Keuangan Syariah E-Coops-Day : Jurnal Ilmiah Abdimas Batulis Civil Law Review Koaliansi Jurnal Ilmiah Manajemen dan Ilmu Sosial : Co-Management International Journal of Integrative Sciences Nanggroe: Journal Of Scholarly Service Jurnal Ilmiah Manajemen dan Ilmu Sosial : Co-Management Jurnal International Economic Sharia Ipso Jure
Nurjamil
Universitas Koperasi Indonesia
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IMPLEMENTASI KAIDAH AL-KHARAJ BI-ADDHAMAN DALAM PEMBIAYAAN SINDIKASI SYARIAH DALAM PERSPEKTIF HUKUM EKONOMI SYARIAH: Implementation Of Al-Kharaj Bi-Addhaman Rules In Sharia Syndicated Financing In The Perspective Of Sharia Economic Law Mustofa, Nurjamil, Rachmat Syafe’I,
Res Nullius Law Journal Vol. 6 No. 1 (2024): Volume 6 No 1 2024
Publisher : Fakultas Hukum Universitas Komputer Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34010/rnlj.v6i1.11676

Abstract

The goal of this study is to describe the application of the Al-Kharaj Bidhdhaman rule, which specifies who bears the risk and who is entitled to a well-known benefit in sharia business contracts, particularly when applied in syndicated financing carried out by financial institutions as viewed through the lens of sharia economic law. This is a library study that employs qualitative descriptive research methods. Secondary data from books, journals, and other research results are used by researchers to describe the rules in sharia business contracts, also known as legal maxims, and theories about syndicated financing in financial institutions such as banks, which are then normatively analyzed in accordance with laws and regulations. According to the study's findings, the al-Kharaj Bidhdhaman Rule is also a very important rule in syndicated financing-based business activities at Islamic Banks, which is implemented in the agreed clauses in the contract used by customers, bank leaders, and participants of sharia syndicated financing, where the profits obtained by the parties are adjusted to the value of the syndicated participants' capital and the value of the syndicated participants' capital In mudharabah and musharakah-based contracts, the same value is applied for responsibility for the emergence of risks, including losses, which are, of course, excluded if they occur due to force majeure.
A Comparative Analysis of Consumption Theories by Harold Domar and Monzer Kahf and Their Impact on National Economic Policies Nurjamil, Nurjamil; Athoillah, Anton
Al-Mustashfa: Jurnal Penelitian Hukum Ekonomi Syariah Vol 9, No 2 (2024)
Publisher : IAIN Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/jm.v9i2.18863

Abstract

This study aims to compare the consumption theories of Harold Domar and Monzer Kahf, highlighting their differences and implications for national economic policies. The research uses a qualitative approach and a literature review method to analyse the theories through a descriptive-comparative framework. Harold Domar’s theory adopts a traditional economic perspective, emphasising the relationship between income, savings, and investment as drivers of consumption and economic growth. Domar’s model provides a solid foundation for fiscal and monetary policies that stimulate growth through investment and consumption. In contrast, Monzer Kahf’s theory presents a holistic approach rooted in Islamic principles, integrating psychological, social, and cultural factors into consumption behaviour. Kahf emphasises ethical consumption, moderation, and social justice, aligning economic activities with spiritual values and sustainability. His framework incorporates key Islamic concepts such as At-Tayyibat (all that is good) and Ar-Rizq (provisions from God), advocating for consumption that fulfils material and spiritual needs while avoiding extravagance (israf) and wastefulness (tabzir). The findings reveal that while Domar’s theory is highly relevant for data-driven economic analysis and traditional policy planning, Kahf’s approach offers an ethical and inclusive perspective that addresses contemporary challenges like environmental sustainability and social welfare. This study concludes that both theories when combined, provide a comprehensive basis for crafting sustainable and equitable national economic policies.Keywords: Harold Domar, Monzer Kahf, Consumption Theory, Economic Policy, Islamic Economics, Moderation, Sustainability
IMPLEMENTASI NORMA HUKUM EKONOMI SYARIAH PADA PEMBIAYAAN AKAD MUDHARABAH DI BAITUL MAAL WATTAMWIL Nurhayati, Siti; Nurjamil
Jurnal Tabarru': Islamic Banking and Finance Vol. 7 No. 2 (2024): Jurnal Tabarru' : Islamic Banking and Finance
Publisher : Department of Islamic Banking, Faculty of Islamic Studies, Islamic University of Riau (UIR)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25299/jtb.2024.vol7(2).21046

Abstract

Penelitian ini bertujuan untuk mengevaluasi implementasi Fatwa DSN MUI No. 07/DSN-MUI/IV/2000 mengenai Pembiayaan Mudharabah di Baitul Maal Wattamwil. Metode penelitian yang digunakan adalah studi kasus dengan analisis deskriptif kualitatif berdasarkan data observasi, wawancara, dan studi kepustakaan. Hasil penelitian menunjukkan bahwa pembiayaan mudharabah merupakan kerjasama di mana shahibul maal menyediakan seluruh modal dan mudharib mengelola usaha dengan pembagian keuntungan yang disepakati. Ada 10 poin norma dalam fatwa tersebut, antara lain pembiayaan sepenuhnya dari LKS, ketentuan pengelolaan dan pembagian keuntungan berdasarkan kesepakatan, serta kewajiban dan hak dari kedua belah pihak. Hasil penelitian menunjukkan bahwa implementasi fatwa umumnya sudah dilakukan dengan baik, kecuali dalam hal penanganan kerugian, di mana BMT belum sepenuhnya menanggung kerugian yang dialami mudharib.
Peluang Dan Tantangan Penerapan Prinsip Syariah Dalam Operasionalisasi Koperasi Merah Putih Nurhayati, Siti; Nurjamil, Nurjamil; Muhammad Iqbal, Eka
Koaliansi : Cooperative Journal Vol. 5 No. 1 (2025): Koaliansi : Cooperative Journal
Publisher : Universitas Koperasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32670/gfjm2t05

Abstract

The implementation of Sharia principles in Koperasi Merah Putih presents significant opportunities to enhance member trust, expand access to Islamic financing, and strengthen governance grounded in fairness and transparency. This study identifies critical challenges, including regulatory disharmony, limited literacy in Sharia contracts, insufficient capacity of Sharia Supervisory Boards, and heightened managerial and financing risks during the transition phase. The analysis reveals that successful implementation requires regulatory harmonization, capacity building for human resources, optimization of Sharia supervisory functions, and integrated risk management. These findings provide strategic insights for developing a sustainable cooperative model that fully embodies Sharia principles in both form and substance. Keywords: Capacity Building, Cooperative Governance, Regulatory Harmonization, Sharia Compliance, Transition Risk
B Baqir al-Shadr's Economic Thought and the Concept of State Economy in Article 33 of the 1945 Constitution Nurjamil; Janwari , Yadi; Jubaedah, Dedah
Journal International Economic Sharia Vol. 1 No. 1 (2024): June
Publisher : Inovasi Analisis Data

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11524112

Abstract

This study aims to analyze the role of the state in the economy through the lens of Baqir al-Shadr's economic theory. Article 33 of the 1945 Constitution connects this theory to the state's exercise of control. This literature research method gathers and examines secondary data from books, scientific journals, research findings, and pertinent articles using a qualitative method, followed by a normative analysis. According to Baqir al-Shadr, the research findings indicate that Islamic economics is not considered a scientific discipline but rather the practical application of Islamic sharia principles rooted in religious beliefs and devotion. This includes the promotion of social justice and the acknowledgement of various forms of property ownership. Second, exploitative and uncontrollable human behavior, rather than a lack of natural resources, is the true cause of economic issues. Furthermore, the government's involvement is necessary for the oversight and resolution of economic issues, particularly in ensuring the well-being of the population and achieving social equilibrium. Article 33 of the 1945 Constitution explicitly grants the state the authority to manage natural resources for the benefit of the people. This abstract presents a concise summary of the correlation between Baqir al-Shadr's economic ideology and the notion of state control, specifically in regard to Article 33 of the 1945 Constitution. It also examines the effects of this correlation on economic regulation and society's welfare.
Sharia Cooperative Business Dispute Resolution in Indonesia Accepted Under the Guidelines of Sharia Economic Law Nurjamil; Oyo Sunaryo; Atang Abdul Hakim
International Journal of Integrative Sciences Vol. 3 No. 1 (2024): January 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/ijis.v3i1.7746

Abstract

The purpose of this study was to clarify how Sharia Economic Law is used to settle disputes involving cooperative businesses in Indonesia. This study uses a qualitative approach to the literature to investigate secondary data sources pertaining to Indonesian legislation and regulations pertaining to commercial conflict resolution. The findings demonstrated the crucial role that sharia cooperatives play in the Islamic economic system, particularly as a substitute finance source for the lower middle class. According to Indonesia's legal system, sharia business disputes, including those involving sharia cooperative businesses, can be settled through family mediation, legal proceedings in religious courts with absolute jurisdiction, arbitration, or alternative dispute resolution organizations like LAPSPI (banking), BMAI (insurance), BMDP (pension funds), BAPMI (capital market), BMPPVI (venture capital), and BAMPPI (guarantee). The establishment of LAPS Cooperatives that mesh well with the cooperative's spirit and have access to human resources with expertise in sharia-based cooperative business become crucial factors to take into consideration. Sharia cooperatives are seen as a unique type of business entity that operate member-based businesses that simultaneously hold two statuses (owner and user) and cooperative wealth owned by all cooperative members who run their businesses according to sharia principles
The Productive Waqf Land Utilization Agreements in Indonesia: Legal Status and Financial Scheme Nurjamil Nurjamil; Tajul Arifin; Hasan Bisri
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.5604

Abstract

This research was conducted to determine the legal status, funding schemes and benefit sharing of the active waqf land use agreement in Indonesia. This research adopts a normative juridical approach, examining the legal dimensions of the subject matter based on statutory norms, particularly those related to waqf. It also employs an analytical descriptive method, whereby the collected data is analyzed to provide a comprehensive depiction of the utilization of productive waqf land in Indonesia. Data collection was conducted through literature review and in-depth interviews with commissioners of the Indonesian Waqf Board and practitioners in the Islamic financial services sector. The findings were then analyzed using qualitative data analysis techniques. The agreement on the use of beneficial waqf land in Indonesia is in accordance with both Islamic law and positive law. In large-scale ventures, investors can include financial institutions in the Sharia Non-Bank Financial Industry, such as sharia venture capital with mudarabah or musyarakah, or cooperate with sharia financial technology company via a crowd-funding agreement. This study is particularly valuable for waqf managers and scholars, as it can aid in developing contract-based utilization arrangements and financing schemes grounded in financing rules. Furthermore, the study highlights the potential of sharia venture capital and sharia financial technology as promising funding schemes for waqf-based ventures, offering innovative solutions for the sustainable growth of waqf land utilization.
Sharia Cooperatives' Productive Waqf Management Model Through Financial Technology Services in Bandung City Area to Promote The People's Economy Nurjamil; Siti Nurhayati
International Journal of Science, Technology & Management Vol. 2 No. 1 (2021): January 2021
Publisher : Publisher Cv. Inara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46729/ijstm.v2i1.145

Abstract

Waqf continues to develop as a pillar of people's economic power, from the conventional land waqf concept of social and educational facilities to the modern enough stage, now known as cash waqf money, cash waqf linked sukuk (CWLS) and fintech linked to the waqf fundraising process. The aim of this study is to provide an understanding of the legal status of waqf producers, through the use of fintech applications in the context of Law No. 41 of 2004 on Waqf and Law No. 11 of 2008 on Electronic Information and Transactions, and through a processing methodology to find an economic empowerment model for people with productive waqf assets. The study uses a methodology which refers to qualitative legal research. Research findings concluded that Fintech apps are not properly regulated by Waqf of the ITE Law, but are still permitted to be used in the management of cash waqf as long as they are not in breach of the law in force. In the management of waqf, Nazhir shall be liable and may be prosecuted in the event of a loss of waqf properties due to its negligence. Sharía Cooperatives registered as cash waqf nazhir and in cooperation with Bandung City Fintech companies are owned by BMT ITQAN only where they are financed by itqanmobile and involve the Fintceh platform kitawakaf.com with the help of the House Financing Assembly empowerment program for BMT member SMEs with waqf funds and the waqf management models
The Existence and Development of Compilation of Sharia Economic Law (KHES) and Its Urgency in Resolving Sharia Economic Law Disputes in Indonesia Nurjamil, Nurjamil
Ipso Jure Vol. 1 No. 4 (2024): Ipso Jure - May
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/42056d19

Abstract

This research delves into Sharia Economic Law (KHES) as a regulatory framework for resolving Sharia economic disputes in Indonesia, examining its historical, political, and philosophical dimensions alongside its practical urgency. Employing a qualitative literature review, it analyzes secondary data from various sources such as books, journals, and research findings to elucidate KHES's development and its significance in dispute resolution. KHES was established in response to Law No. 3 of 2006, which expanded the jurisdiction of Religious Courts in Sharia economic matters. It harmonizes diverse scholarly opinions from traditional sources like fiqh texts and fatwas issued by DSN-MUI, providing a legal compass for Muslim economic activities. Despite not being formally ranked within Indonesia's legislative hierarchy, KHES, born out of PERMA No. 2 of 2008, serves as a key legal reference for Religious Court judgments and informs legal deliberations on Sharia economic issues. Efforts are underway to potentially elevate its status to that of Government Regulations, ensuring its broader enforceability within the Indonesian legal system.
Co-Authors Athoillah, Anton Dadan Hamdani Dadi Nurpadi Dewi Mulyani Eka Setiajatnika Enni Soerjati Frita Azalea Zahra Hakim, Atang Abdul Hasan Bisri Heri Nugraha Inne Risnaningsih Irma Reviana Assyarif Janwari , Yadi Jubaedah, Dedah Muhammad Haris Fadhillah Muhammad Iqbal, Eka Nurrohman Syarif, Nurrohman Oyo Sunaryo Renny Supriyatni Bachro Resmi Sri Utami Rosihon Anwar, Rosihon Sholehudin, Ending Siti Nurhayati Tajul Arifin