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Journal : JURISTA : Jurnal Hukum dan Keadilan

REVIEW OF SHARIA ECONOMIC LAW ON STAPLE STOMACHING Fira Salsabila Zuhra; Ida Friatna; Nahara Eriyanta
JURISTA: Jurnal Hukum dan Keadilan Vol. 5 No. 1 (2021): JURISTA: Jurnal Hukum dan Keadilan
Publisher : Centre for Adat and Legal Studies of Aceh Province (CeFALSAP)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.1234/jurista.v5i1.10

Abstract

In Islam iḥtikār, namely the hoarding of goods is not justified due to the act of controlling the market in such a way that it can damage the existing market mechanism with a type of goods controlled by the person concerned, so that he can control the price at will by hoarding it (holding it). In reality, this activity is practiced among traders in the Trienggadeng market, as a result of which basic commodities are scarce on the market which is followed by soaring commodity prices for basic commodities. The formulation of the research problem is how is the practice of hoarding staples carried out by traders in the Trienggadeng market, what are the factors for hoarding staples by traders, and how is the review of sharia economic law towards the practice of hoarding staples by traders. This study uses a type of descriptive qualitative research analysis with data collection techniques through interviews and documentation. The results of the study show that the practice of hoarding goods in the Trienggadeng market is carried out when merchandise stocks are running low. Groceries traders sell goods at twice the normal price and even increase 100% of the previous price on the grounds that there is no means of transportation to transport the community's needs. The factor in the hoarding of staple goods is because the stock of merchandise on the market is running low, and also due to the factor that goods are rare and difficult to obtain so that buyers buy up goods for their own needs, and traders buy up goods needed by the community to stock goods sold for their needs and profits. So that the Fiqh scholars do not allow iḥtikār because every act of persecution including iḥtikār is forbidden by other. religions.
RIGHT TO USE OF MILITARY DORMITORY FOR PERSONAL BUSINESS ACCORDING TO MILK AD-DAULAH THEORY Nabila Merriza; Ida Friatna; Syukri
JURISTA: Jurnal Hukum dan Keadilan Vol. 8 No. 2 (2024): JURISTA: Jurnal Hukum dan Keadilan
Publisher : Centre for Adat and Legal Studies of Aceh Province (CeFALSAP)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jurista.v8i2.199

Abstract

This article aims to examine the management system and use of the TNI Dormitory for personal business at the Kuta Alam Dormitory in Banda Aceh based on the concept of milk al-daulah. The approach the author uses is juridical-empirical research. The results of the research show that the management of state-owned official residences is strictly regulated in Government Regulation Number 40 of 1994 and amendments through Government Regulation Number 31 of 2005, which limits their use to state officials, civil servants and workers who work in government agencies as long as they are still active. active. Use of a country house for personal or commercial purposes without valid permission may be unlawful. However, businesses run by families of TNI soldiers with permission from the Head of the Dormitory and approval from the Military Command are considered legal, as long as they do not change the physical shape of the dormitory and do not interfere with TNI duties. From an Islamic legal perspective, TNI dormitories are milk al-daulah or state property which must be managed for the public benefit and must not be misused for personal gain. The use of TNI dormitories for private businesses managed by the families of TNI soldiers can provide positive benefits for the surrounding community, but must always comply with applicable legal provisions so as not to violate the principles of fair management of state property and milk al-daulah. This research provides an understanding of the importance of managing state assets in accordance with positive law and Islamic legal principles to achieve the public benefit.
WAQF MANAGEMENT ACCORDING TO LAW NUMBER 41 OF 2004 ON WAQFIN: A case study at the Al Muslim University Foundation Indonesia Muthawalli; Ida Friatna; Husni bin Abdul Jalil
JURISTA: Jurnal Hukum dan Keadilan Vol. 9 No. 2 (2025): FORTHCOMING DECEMBER 2025
Publisher : Centre for Adat and Legal Studies of Aceh Province (CeFALSAP)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jurista.v9i2.275

Abstract

This article aims to analyse the management of waqf by institutional trustees at the Almuslim University Foundation in Bireuen from the perspective of Law No. 41 of 2004 on Waqf and fiqh muamalah. This study employs a qualitative method with a legal-empirical approach to evaluate the alignment between normative regulations and the practice of managing productive endowments at the institutional level. The findings reveal that the Almuslim University Foundation in Bireuen has fulfilled its role as a nazir by endeavouring to develop endowment assets, such as constructing educational facilities and engaging in productive collaborations. However, this management still faces several challenges, including the lack of integrated financial reporting, the dominant use of endowment proceeds for consumptive financing without a long-term capitalization strategy, and the risk of legal uncertainty regarding the status of assets derived from management, which could trigger administrative disputes. These conditions pose a potential threat to the accountability and sustainability of the social and economic functions of endowments. Therefore, institutional capacity building, enhancing the professionalism of administrators, improving digital-based reporting systems, and optimising oversight by the Indonesian Waqf Board are necessary. These findings underscore that the implementation of professional and transparent waqf governance principles is key to making waqf a sustainable and accountable instrument for community empowerment.
THE ROLE OF THE FINANCIAL SERVICES AUTHORITY (OJK) IN PROTECTING FINTECH P2P LENDING CUSTOMERS FROM THE PERSPECTIVE OF MAQASHID SYARI'AH Farhan Akbar; Ida Friatna; Riadhus Sholihin
JURISTA: Jurnal Hukum dan Keadilan Vol. 9 No. 2 (2025): FORTHCOMING DECEMBER 2025
Publisher : Centre for Adat and Legal Studies of Aceh Province (CeFALSAP)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jurista.v9i2.316

Abstract

This research examines the role of the Financial Services Authority (OJK) in protecting fintech Peer-to-Peer (P2P) lending customers in Aceh from a maqashid sharia perspective. P2P lending services, which are part of the development of financial technology (fintech), have proliferated in Aceh as an alternative financing solution that is faster and more flexible than conventional financial institutions. However, this growth also presents new risks, especially to consumer protection. This research employs a descriptive qualitative approach, utilizing interviews, literature reviews, and observational methods. The results show that OJK has made various efforts to supervise fintech P2P lending, including through regulations, digital monitoring systems, and public education. From the perspective of maqashid sharia, the protection carried out by OJK against customers reflects efforts to protect the soul (hifz al-nafs) and property (hifz al-mal), which are part of the primary objectives of Islamic law. Based on the analysis, the author considers that OJK's role in supervising and protecting fintech P2P lending customers has shown significant alignment with the principles of maqashid sharia, especially in the aspects of hifzh al-nafs (guarding the soul) and hifzh al-mal (guarding wealth).