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All Journal Ahkam: Jurnal Ilmu Syariah Jurnal Asy-Syari'ah Al-Mustashfa 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 Amwaluna: Jurnal Ekonomi dan Keuangan Syariah Al-Mustashfa: Jurnal Penelitian Hukum 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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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.
Implementation Of Sharia Principles in Financial Technology: Analysis of Regulatory Compliance and Legal Challenges in Indonesia Herawan, Jajang; Fautanu, Idzam; Janwari, Yadi; Al Hakim, Sofian
Amwaluna: Jurnal Ekonomi dan Keuangan Syariah Vol. 10 No. 1 (2026): Amwaluna: Jurnal Ekonomi dan Keuangan Syariah
Publisher : UPT Publikasi Ilmiah UNISBA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29313/amwaluna.v10i1.7947

Abstract

The rapid growth of financial technology (fintech) in Indonesia has intensified the need to ensure compliance with Sharia principles within digital financial services. This study examines the extent of regulatory compliance of Sharia fintech in Indonesia and identifies the main legal and operational challenges in implementing Islamic economic law. Using a qualitative normative approach based on regulatory analysis and literature review, this research analyzes OJK regulations, DSN-MUI fatwas, and the operational practices of Sharia fintech platforms. The findings reveal that despite the availability of a formal regulatory framework, the implementation of Sharia principles remains uneven. Significant gaps are identified in transparency of profit-sharing mechanisms, Sharia-based risk management, and the effectiveness of supervision by Sharia supervisory bodies. In addition, inconsistencies between regulatory provisions and operational interpretations contribute to varying levels of Sharia compliance among fintech platforms. These findings imply the need for stronger regulatory coordination between OJK and DSN-MUI, clearer technical guidelines for Sharia contract implementation in digital platforms, and the enhancement of supervisory mechanisms to ensure consistent Sharia compliance. Strengthening these aspects is essential to support the sustainable development of Sharia fintech and to enhance public trust in Indonesia’s digital Islamic financial ecosystem.
Law of Usury (RIBA) According to Masyarakat Tanpa Riba (MTR): Perceptions, Attitudes, and Movements Sofian Al-Hakim; Doli Witro; Muhamad Izazi Nurjaman
Asy-Syari'ah Vol. 26 No. 1 (2024): Asy-Syari'ah
Publisher : Faculty of Sharia and Law, Sunan Gunung Djati Islamic State University of Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/as.v26i1.29639

Abstract

After the merger, three banks under State-Owned Enterprises (BUMN), namely BNI Syariah, BRI Syariah, and Bank Syariah Mandiri, became Bank Syariah Indonesia (BSI), opening opportunities for the development of Islamic financial institutions in Indonesia. However, according to the Masyarakat Tanpa Riba (Society Without Riba) (MTR), Islamic banks are not much different from conventional banks (BK). Therefore, the focus of this article is the law of usury in the view of the MTR, which is seen in three aspects, namely, the perception, attitude, and movement of the MTR. This paper aims to determine the law of usury from the view of the MTR. This article uses a qualitative research method, which is field research. Data collection techniques used are observation, interviews, and documents. The data analysis technique in this paper uses data condensation, data presentation, and conclusion. The study results show that the MTR is an anti-usury community. MTR can be categorised as a textualist and rigid group (mutasyadidun). The rigid MTR method often implies that Islamic economic development is static and monolithic. The existence of the MTR will be productive if it is read not as a threat but as an auto-criticism against Sharia financial practices that are not yet perfect, highlighting the potential impact of the MTR's perspective on Islamic financial practices.
POSITION OF THE QUR’AN MEMORY AS A PRICE PAYMENT MEDIA IN BUY AND SELL Muhamad Izazi Nurjaman; Sofian Al-Hakim; Didah Durrotun Naafisah; Doli Witro
Al-Mustashfa: Jurnal Penelitian Hukum Ekonomi Syariah Vol. 8 No. 2 (2023)
Publisher : UIN Siber Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/jm.v8i2.13411

Abstract

AbstractThis research intends to describe a theme regarding the view of sharia economic law on the media of payment for buying and selling prices using the memorization of the Al-Qur’an. Using descriptive research (case study) through the method of collecting information in the form of interviews and documentation. This research found the fact that the view of sharia economic law equates or qiyas between the media of paying prices using the memorization of the Al-Qur’an with the dowry in the marriage contract. Giving a dowry is allowed to memorize the Al-Qur’an with the provision that it is mandatory to teach the Qur’an, as well as the practice of buying and selling. So that there is a wage in the form of benefits. Meanwhile, benefits include assets. So between the dowry and the price of both is something that has qimah madiyyah (property value). Indirectly, the buyer pays the price using the ujrah of the teaching. So that the harmony of buying and selling has been fulfilled properly and non-material benefits will lead to a business concept full of blessings.Keywords: Buy and Sell; Price; Wedding; Dowry; Memorizing Al-Quran.
Co-Authors Ahmad Lukman Nugraha Antoni Julian Apriani, Triana Azazy, Yusup Didah Durrotun Naafisah Doli Witro Ending Solehudin Fadhlya Hidayatunnisa, Nurul Fitriansyah, Helmi Gunariah, Frilla Herawan, Jajang Idzam Fautanu 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 Yadi Janwari