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All Journal Jurnal Ilmiah Ekonomi Islam Journal of Applied Sciences and Advanced Technology
Azhar Taufik
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Automotive Engineering Chemical Engineering, Chemistry & Bioengineering Civil Engineering, Building, Construction & Architecture Economics, Econometrics & Finance Electrical & Electronics Engineering Engineering Social Sciences

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The Urgency of Prenuptial Agreements in Building Household Harmony: A Maqashid Syari’ah Perspective Heni Astuti; Oneng Nurul Bariyah; Usman Alfarisi; Azhar Taufik; Fatma Nurmulia; Dina Febriani; Fakhrurazi; Endang Zakaria
Journal of Applied Sciences and Advanced Technology Vol. 6 No. 3 (2024): Journal of Applied Sciences and Advanced Technology
Publisher : Faculty of Engineering Universitas Muhammadiyah Jakarta

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Abstract

This study aims to analyze the values of Maqashid Syari’ah contained in prenuptial agreements and their urgency in fostering harmonious households. The research employs a normative juridical approach through library research, utilizing primary data from statutory regulations such as Law No. 1 of 1974 on Marriage, the Civil Code, the Compilation of Islamic Law (KHI), and related provisions. Secondary data were obtained from literature and academic studies concerning Maqashid Syari’ah and Islamic family law. The results indicate that prenuptial agreements align with the principles of al-kulliyat al-khamsah, namely the protection of religion, intellect, life, lineage, and property. Implementing prenuptial agreements can prevent disputes, safeguard spousal rights, and create families imbued with sakinah, mawaddah, and rahmah. The study recommends wider socialization of prenuptial agreements, emphasizing their role in preserving household welfare rather than merely separating assets.
Implementasi Akad Istishna Pada Pembiayaan KPR Syariah Pada Bank Syariah Nasional Tinjauan Fatwa DSN MUI No: 06/DSN-MUI/IV/2000 Azhar Taufik; Febriani, Dina; Supyadillah, Asep; Sulistia, Hesty Ade
Jurnal Ilmiah Ekonomi Islam Vol. 12 No. 2 (2026): Jurnal Ilmiah Ekonomi Islam
Publisher : ITB AAS INDONESIA Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29040/jiei.v12i2.19587

Abstract

This study aims to analyze the implementation of the istishna’ contract in the KPR Indent IB home financing product at Bank BTN Syariah (BSN) and to assess its compliance with DSN-MUI Fatwa No. 06/DSN-MUI/IV/2000 concerning Istishna’ Sale and Purchase. The background of this research is based on the increasing public demand for home ownership through sharia-compliant financing schemes that are free from elements of riba (usury) and gharar (uncertainty). This research employs a descriptive qualitative method with a case study approach. Data were collected through observation and interviews with officials of Bank BTN Syariah/BSN, Harmoni Branch, Central Jakarta, as well as a partner property developer in the Depok area. The data analysis technique applied the Miles and Huberman model, which includes data collection, data reduction, data display, and conclusion drawing. The findings indicate that the implementation of the istishna’ contract in the KPR Indent IB product fulfills the essential pillars and conditions stipulated in the DSN-MUI Fatwa, particularly in terms of payment provisions, clarity of the contract object specifications, delivery mechanisms, and financing risk management. The margin scheme is determined as fixed or tiered without altering the principal price agreed upon at the inception of the contract, thereby avoiding elements of gharar. Risk management is conducted through warning mechanisms, restructuring measures, collateral execution in cases of default, and the imposition of ta’zir penalties allocated to charitable funds. It can therefore be concluded that the implementation of the istishna’ contract in the KPR Indent IB financing product at Bank BTN Syariah/BSN is substantially in accordance with sharia principles and the applicable fatwa regulations in Indonesia.
Co-Authors Dina Febriani Endang Zakaria Fakhrurazi Fatma Nurmulia Febriani, Dina Heni Astuti Oneng Nurul Bariyah Sulistia, Hesty Ade Supyadillah, Asep Usman Alfarisi