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All Journal Ahkam: Jurnal Ilmu Syariah Jurnal Asy-Syari'ah Al-Mustashfa Tawazun: Journal of Sharia Economic Law Journal of Islamic Economic Laws Journal of Economicate Studies Rayah Al Islam : Jurnal Ilmu Islam Jurnal Hukum Ekonomi Syariah Journal of Islamic Economics and Philanthropy Al-Muamalat : Jurnal Ekonomi Syariah
Sofian Al Hakim, Sofian
UIN Sunan Gunung Djati Bandung
Religion Arts Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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The Transformation of the Refund Provisions of Tabarru’ in Islamic Insurance: Fatwa DSN-MUI No. 53/2006 and No. 81/2011 Fitriansyah, Helmi; Rukmini, Neng Vivie Nurfauziah; Al Hakim, Sofian
Al-Muamalat: Jurnal Ekonomi Syariah Vol. 12 No. 1 (2025): January
Publisher : Department of Sharia Economic Law, Faculty Sharia and Law, UIN Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/am.v12i1.41386

Abstract

This article examines the management of Tabarru’ funds in Islamic insurance by analyzing Fatwa DSN-MUI No. 53/2006 and No. 81/2011, which play a crucial role in addressing operational and legal challenges within the Islamic insurance industry. The background of this study highlights legal uncertainties surrounding the status of Tabarru’ funds, which are defined as non-refundable grants in Fatwa No. 53/2006. In contrast, Fatwa No. 81/2011 introduces flexibility by allowing partial refunds for participants who terminate their contracts early, adapting to market needs. This study employs a normative juridical approach, involving a comprehensive analysis of primary and secondary legal texts, including fatwas DSN-MUI, Islamic legal literature, and case studies on the implementation of these fatwas in the practice of Islamic insurance in Indonesia. The findings indicate that Fatwa No. 81/2011 significantly contributes to the management of Tabarru’ funds by introducing flexibility in refunding participants. The fatwas concerning Tabarru’ funds in Islamic insurance demonstrate that they complement each other in regulating the concept and management of these funds. The operational implications of this study include recommendations to strengthen regulations and transparency in the management of Tabarru’ funds and to enhance the protection of participants' rights.
Talfiq In The Fatwa Of The National Sharia Council-Indonesian Ulema Council (DSN-MUI) Regarding Syirkah Mubarok, Anas Bayan; Al Hakim, Sofian; Nurjaman, Muhamad Izazi
JURNAL HUKUM EKONOMI SYARIAH Vol. 7 No. 2 (2024): Oktober
Publisher : Prodi Hukum Ekonomi Syariah Fakultas Agama Islam Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/jhes.v7i2.20789

Abstract

This article discusses the ikhtilaf of Hanafiyah, Malikiyah Shafi'iyah and Hanabilah related to musharakah/shirkah and talfiq contracts in the determination of DSN-MUI fatwas on shirkah. The method used in this study is a descriptive method of analysis with a qualitative approach. The data sources used come from books, books, journals, the internet, theses and fatwas related to the shirkah contract. The results of the research in the article are: first, the DSN-MUI Fatwa on shirkah does not refer to one particular group of madhab scholars, but there are different opinions taken from one circle of scholars only there are opinions taken from the number of ulama and most of them come from jumhur. Secondly, it can be said that if there is talfiq in this fatwa about shirkah, the talfiq referred to here is to take some opinions from madzhab scholars in one qadliyah namely about shirkah.   About the definition and determination of the profit ratio in shirkah taking the opinion of Hanafi scholars, as for the rukun of the death contract, opinions taking jumhur opinions other than Hanafi scholars, and about the type of shirkah more likely to use the opinions of jumhur ulama.  Third, talfiq in this fatwa can be classified as talfiq which is allowed by some scholars, not talfiq which causes obscurity of shirkah law, not talfiq in playful motives and not necessarily just taking the easy.
Accelerated Repayment of Murabahah Agreement in Sharia Banking Susandi, Adi; Al Hakim, Sofian
Journal of Economicate Studies Vol. 4 No. 2 (2020): Journal of Economicate Studies
Publisher : Islamicate Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32506/joes.v4i2.663

Abstract

Banking growth in Indonesia has started to improve, as seen in the financing conducted by sharia banks as well as credit in conventional banks. In the midst of the current crisis, Sharia banking continues to face a very rapid development in the muslim-majority community. Sharia banking is the performance of the Sharia industry in Indonesia where its role has been recognized legally and able to compete with conventional banking. The impact of it all will bring about competition that allows for accelerated repayment especially in terms oftakeovers. This study aims to analyze how financing practices, especially murabahah agreements in sharia banks and if there is a settlement in the accelerated then reviewed with the study of fiqhnya and in ju paired with what happens in conventional banks. This qualitaf research by means of ( Descriptive Analytics) where information is collected using a very in-depth interview method and literature, after that in the analysis until finding conclusions. This study provides the result that murabahah contract financing and repayment in accelerated both in sharia and conventional banking has been in accordance with the requirements and regulations in force, but still needed will be government intervention in the manufacture of regulations to create a more ethical competitive climate, especially that can result in accelerated repayment so that often takeover financing or credit from sharia banks to conventional and vice versa. The implications of this study to share knowledge to the public who still lack understanding between financing, especially murabahah agreement and repayment in accelerated that occurs in Sharia banking. So it is expected to provide in-depth guidance as knowledge to make decisions between sharia or conventional banks in an effort to meet the needs of financing.
Co-Authors Ahmad Lukman Nugraha Antoni Julian Apriani, Triana Azazy, Yusup Doli Witro Ending Solehudin Fadhlya Hidayatunnisa, Nurul Fitriansyah, Helmi Gunariah, Frilla Indah Lestari Kusuma iwan setiawan Jubaedah, Dedah Mohamad Anton Athoillah Mohammad Sar'an Mualimin Mochammad Sahid Mubarok, Anas Bayan Muhamad Izazi Nurjaman Naafisah, Didah Durrotun Naisabur, Nanang Nurjaman, Muhamad Izazi Putra, Haris Maiza Rukmini, Neng Vivie Nurfauziah Susandi, Adi Witro, Doli