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The Law Concept of Sharia Banking Compliance on Murabaha Financing in Indonesia Ghozali, Mohammad; Sup, Devid Frastiawan Amir; Prastyaningsih, Ika; Adan, Hasanuddin Yusuf
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 8, No 3 (2024): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v8i3.11313

Abstract

Submission to sharia is a fundamental factor which discriminates sharia banking from the conventional one. Therefore, sharia banking as intermediating institution and provider of financial services which base their operation on Islamic sharia values have to ensure their compliance towards sharia principles. Besides, sharia banking applies profit sharing principle as the main foundation in fund collection, fund distribution, and financing. A product dominating and attracting customers the most is murabaha. This product still receives tough critics from scientists, though, so that this research aims at investigating sharia banking compliance on murabaha financing viewed from the perspective of fatwa from DSN-MUI. This research applies qualitative design with normative approach (DSN-MUI fatwa). The result of the study shows that murabaha contract in Indonesian sharia banking must fulfill sharia compliance stated in the Qur’an, Sunnah, Regulation of Bank of Indonesia, and DSN-MUI fatwa.
Penyuluhan Status Harta Waris Islam Terhadap Anak Angkat kepada Seluruh Civitas Universitas Sains Islam Malaysia Firdaus, Muhammad Irkham; Ghozali, Mohammad; Sahputra, Jaya
An Naf'ah: Jurnal Pengabdian Masyarakat Vol. 2 No. 1 (2024): Februari
Publisher : Lembaga Penelitian, Penerbitan dan pengabdian kepada masyarakat (LP3M) STIT Al-Urwatul Wutsqo Jombang.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54437/annafah.v2i1.1357

Abstract

This Community Service (PKM) focuses on providing counseling about the legal status of adopted children's inheritance rights from their adoptive parents. An adopted child is a child whose rights have been transferred from the family environment and authority of the biological parents, legal guardians, or other persons responsible for caring for, educating and raising the child. The legal status of adopted children in the perspective of laws in Indonesia and Malaysia is legal, however it then becomes an issue when faced with their rights within the inheritance assets of their adoptive parents. In Islamic inheritance law, adopted children do not have legal power over inheritance rights from their adoptive parents, except through obligatory wills (wasiat wajibah). Meanwhile, in positive law, adopted children obtain equal status as biological children, so that adopted children can become heirs. This PKM program is carried out for all USIM civitas (lecturers, staff, employees, workers) in collaboration with the USIM Faroid Study Center. This PKM program aims to provide an understanding of the inheritance rights status of adopted children. This PKM program uses socialization, counseling, and mentoring methods.
Profit and Loss Sharing (PLS) as Basis Characteristic of Islamic Banking: An Analysis of Mudharâbah Contract Ghozali, Mohammad; Kurniawan, Andy
AL- IKTISAB Journal of Islamic Economic Law Vol 1 No 1 (2017)
Publisher : University of Darusssalam Gontor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21111/al-iktisab.v1i1.2383

Abstract

Mudhârabah constitutes one of the products in Islamic banking. It is a cooperationcontract between two parties, where one party (rabbul mâl) provides 100% fund andother (mudhârib) provide work. Profit will be shared between two parties according to apre-determined profit sharing ratio contract known as nisbah. In the case of loss, thecapital owner shall bear the monetary loss and manager or entrepreneur shall loose thereward of his effort unless caused by negligence or violation by mudhârib. This is coreconcept of mudhârabah, which gives fair business cooperation between two parties. Thisstudy will explore basis characteristics of mudhârabah in Islamic banking. The findingsare that Islamic banking has certain basic characteristics from PLS such as as justsystem, as tool of efficient allocation of capital, as productive contract that support whohave business either micro, middle or macro level, and as medium to reach the objecticveof Islamic economics.
The Management of Cash Waqf on Dinar and Dirham from The View of Islamic Law (Case study at Wakala Parent Bintan) Ghozali, Mohammad; Putra, Yoanda Syah
AL- IKTISAB Journal of Islamic Economic Law Vol 3 No 2 (2019)
Publisher : University of Darusssalam Gontor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21111/al-iktisab.v3i2.3909

Abstract

Waqf is a struggling conscience to give something to the development of people's welfare and struggle facilities. Many evidence conveys moving and stationary objects that can be represented but that is not enough to meet the growing needs of society. Based on the principle of waqf is made innovation of waqf products, namely cash waqf, which is with cash funds. The scholars' past practiced a lot of cash waqf using the dinar and dirham which is currently reappointed by Wakala Parent Bintan. The purpose of this research is to know the theory of Islamic law regarding cash waqf property management, to know the concept and practice of cash, dinar and dirham, to know the Islamic law on the management of cash and dinar Wakalah Parent Bintan. Research method of this study authors using qualitative method, which is a writing aimed at describing and analyzing a phenomenon about what Wakala Parent Bintan did in managing the cash waqf. From this study, researchers concluded that the practice of cash waqf in Wakala Parent Bintan using dinar and dirham, is a cash waqf that replaces it with a stationary object that produces the benefits of education rulings ahlu the madinah is a buy and sell transaction using both dinar and dirham and helps to enrich the surrounding community with market building for merchants without the use of taxes or rental of stalls in the market, as well as build a civilization away from riba. Thus the study can be concluded, but the researcher is aware that the research is far from the word perfection and requires further study that will discuss this issue more clearly. Great researchers hope for the advice and criticism and hopefully this research is beneficial for the authors in particular and the readers in general.
Construction of M. Umer Chapra's Economic Thoughts in Realizing Efficiency and Justice Rofiah, Khusniati; Ghozali, Mohammad
AL- IKTISAB Journal of Islamic Economic Law Vol 4 No 1 (2020)
Publisher : University of Darusssalam Gontor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21111/al-iktisab.v4i1.4349

Abstract

A study of thought in the economic setting of Muslims. This study aims to find out the concept of thinking of a Muslim economist, M. Umer Chapra examines the existence of universal economic problems faced by the nations of the world, namely the lack of human well-being due to lack of efficiency and justice in the allocation of God-given resources, which cannot be solved by the conventional system. As an alternative to achieving efficiency and justice, Chapra proposes an Islamic economic system that has a worldview and strategy in line with the Islamic sharia that enables it to print a fair and viable solution in Muslim countries. For Chapra, the main purpose of the management of allocation and distribution should not deviate from the maqashid al-sharia (sharia goal) which is the well-being of the people. Method of this study using literacy, data collection and collection of objects, In this study it is found that the world view of Islamic economy according to Chapra is based on three basic principles: monotheism, caliphate and 'is. Harmony between the al-sharia and the worldview is not enough to bring efficiency and justice to the well-being of the people, according to Chapra needed a strategy for organizing the economic system with four necessary and mutually supportive elements: filter mechanism, correct motivation, socio-economic and financial restructuring, and the role of the nation.
Application Tabarru’ and Tijarah Contract on Sharia Insurance Ghozali, Mohammad; Afifah, Amatullah Nur
AL- IKTISAB Journal of Islamic Economic Law Vol 4 No 1 (2020)
Publisher : University of Darusssalam Gontor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21111/al-iktisab.v4i1.4352

Abstract

In insurance has a contract that has been determined by sharia and has been written in the DSN-MUI namely there are tabarru’ and tijarah. See the contract offered by sharia insurance then this research aims to analyze how the application tabarru’ and tijarah authorizes in sharia insurance. The method used in this study is qualitative. The result of this study is wherein the tabarru’ have a purpose please help between insurance participants and tijarah authorizes have a commercial purpose, where the participant as a mall and company shohibul as a fundraiser. In this case, the tijarah authorizes can be turned into a tabarru’ contract when the party is willing to release its right to be transferred to tabarru’ fund. But instead, the tabarru’ can not turn into a tijarah.
The Jizyah Concept as the Source of Baitul Maal in Supporting the Country's Economy Syamsuri, Syamsuri; Akbar, Rohul; Lahuri, Setiawan bin; Kamaluddin, Imam; Ghozali, Mohammad
AL- IKTISAB Journal of Islamic Economic Law Vol 4 No 2 (2020)
Publisher : University of Darusssalam Gontor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21111/al-iktisab.v4i2.5393

Abstract

Jizyah is one of the sources of income of baitul maal. Jizyah is an obligation/compensation for the protection of life, property, worship, and military responsibility. Jizyah is defined as a tax paid by non-Muslims. Baitul maal is an institution that has a duty to manage the property of the state, both in the form of income and state expenditure. The modern baitul maal can be interpreted as a financial minister or Indonesian bank that can perform actions in the field of budget and revenue of the state with a view to influence the economic path. This research aims to know if the concept of jizyah can be a source of baitul maal in supporting the country's economy. Research uses a library approach by using analysis content to analyse both primary and secondary data. Then write it with a descriptive method. As for the results of this study, Indonesia is one of the democratic countries, so it is not able to collect taxes only from the kafir dzimmi (non-Muslim). Therefore Indonesia applies various taxes to the community, such as income tax (PPh), value added tax (VAT), sales tax on luxury goods (Vat BM), stamp duty, land and building tax (PBB), land and building rights acquisition (BPHTB) as state income.
Applications of Savings and Deposit Contracts in Islamic Financial Institutions Ghozali, Mohammad; Mafaza, Syofi Aruni
AL- IKTISAB Journal of Islamic Economic Law Vol 4 No 2 (2020)
Publisher : University of Darusssalam Gontor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21111/al-iktisab.v4i2.5395

Abstract

Wadi’ah is one of the forms of contract in Islamic financial institutions. Wadi’ah is the storage of goods accompanied by an agreement between the owner of the property or goods and a trusted party to take care of the property or goods. In principle, wadi’ah is to help the custodian of property or goods and the party in charge of the property or goods is as an assistant. Therefore, this wadi’ah contract is trust. This research study used a descriptive qualitative method with previous literature. The results of this study according to the type of wadi'ah are divided into two: namely the first is wadi'ah yad amanah (trust), where a person who receives a deposit is not allowed to use the goods or assets until it is taken back by the person who owns the property. The second type is wadi'ah yad dhamanah (guaranteed savings), which means that assets or goods can be used by the recipient of the deposit as long as they have not been returned to the depositor. However, if the profit is obtained from the utilization, then all of them are entitled to the recipient of the deposit. The status of the contract change from wadi'ah yad amanah to wadi'ah yad dhamanah can occur if: first, the assets in the deposit have been mixe. Second, recipients use the assets deposited. And third, recipients charge a service fee from the depositor.
Application for Wakalah bi al-Ujrah Contract in Various Banks, Insurance, and Syariah Mutual Funds Indonesia According to Wahbah Zuhaili Ghozali, Mohammad; Jamilah, Adinda Muftiviany Nur; Jamal, Mulyono; Hidayat, Iman Nur
AL- IKTISAB Journal of Islamic Economic Law Vol 5 No 1 (2021)
Publisher : University of Darusssalam Gontor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21111/al-iktisab.v5i1.6204

Abstract

Wakalah is one of the most frequently used transactions in insurance, mutual funds, and especially Islamic banking. Insurance is one of the economic activities that we often hear about, many of these activities, such as health insurance, education, and etc. This paper uses a literature analysis method by using journals as its primary source. According to Wahbah Zuhaili there is insurance that is allowed to do and there is insurance that is illegal to do. Basically, the purpose of the insurance is having a mutual help. So if the participant does not use the insurance premium they have been paid, this premium will be allocated to others. Until there is a help-seeking action based on sincerity. However, it will be illegal if the purpose of this insurance activity is based solely on profit. Thus, it will create a synergy that will eliminate the benefits. So this insurance being an illegal activity. which is containing five elements, there are riba, gharar, gaban, qimar, and jahalah, which can damage human benefits and harms. Then insurance activity is illegal.
The Merger of Indonesian Islamic Banks: Impact on the Islamic Economy Development Ghozali, Mohammad; Kamri, Norazzah Binti; Khafid, M. Ali Zi
AL- IKTISAB Journal of Islamic Economic Law Vol 6 No 1 (2022)
Publisher : University of Darusssalam Gontor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21111/al-iktisab.v6i1.7551

Abstract

••• English ••• The development of Islamic banking and financial institutions in Indonesia is getting better from year to year. This development is a benchmark for the success of the Islamic economy. To become a new economic force in Indonesia, the Minister of State Owned Enterprises stated that there are plans to merge state owned Islamic banks namely BRI Syariah, BNI Syariah, and Bank Syariah Mandiri, as the total assets of Islamic banks will increase and become larger in Indonesia. This research aims to determine the impact of the merger of three Indonesian Islamic banks in the development of the Islamic economy. The research employed a qualitative method with a library research approach. The results have shown that the merger of three Islamic banks consisting of Bank BRI Syariah, Bank BNI Syariah, and Bank Syariah Mandiri into Bank Syariah Indonesia (BSI) has positive impacts on the Islamic economy development in Indonesia. Firstly, the increase in banking capital as a result of the merger of the three banks, the increase in economic activity in the field of Islamic capital markets, the promotion of the halal system in all service activities in banking. Secondly, the merger still allows customers to transact using their old accounts from their respective banks throughout the transaction period starting from e-Money, Tapcash, Brizzi, and or card based electronic money. Thirdly, all employees of the three banks are still employees of BSI and there are no layoffs despite the merger of three Islamic banks, and BSI opens talent development programs to all Indonesians to prepare Islamic bank leaders in the future. Fourthly, BSI created a talent development program for the Indonesian community to increase literacy and understanding of Islamic economics and work with economists and Islamic institutions to support the program, promote Islamic economic development by accelerating the completion of the halal value chain. ••• Indonesian ••• Perkembangan perbankan dan lembaga keuangan syariah di Indonesia semakin baik dari tahun ke tahun. Perkembangan ini menjadi tolak ukur keberhasilan ekonomi syariah. Untuk menjadi kekuatan ekonomi baru di Indonesia, Menteri Badan Usaha Milik Negara menyatakan rencana untuk menggabungkan bank syariah milik negara yaitu BRI Syariah, BNI Syariah, dan Bank Syariah Mandiri, karena total aset bank syariah akan meningkat dan menjadi lebih besar di Indonesia. Penelitian ini bertujuan untuk mengetahui dampak merger tiga bank syariah Indonesia terhadap perkembangan ekonomi syariah. Penelitian ini menggunakan metode kualitatif dengan pendekatan penelitian kepustakaan. Hasil penelitian menunjukkan bahwa penggabungan tiga bank syariah yang terdiri dari Bank BRI Syariah, Bank BNI Syariah, dan Bank Syariah Mandiri ke dalam Bank Syariah Indonesia (BSI) berdampak positif bagi perkembangan ekonomi syariah di Indonesia. Pertama, peningkatan permodalan perbankan akibat penggabungan ketiga bank tersebut, peningkatan kegiatan ekonomi di bidang pasar modal syariah, promosi sistem halal dalam semua kegiatan pelayanan di perbankan. Kedua, penggabungan masih memungkinkan nasabah untuk bertransaksi menggunakan rekening lama dari bank masing-masing selama periode transaksi mulai dari e-Money, Tapcash, Brizzi, dan atau uang elektronik berbasis kartu. Ketiga, seluruh pegawai ketiga bank tersebut masih pegawai BSI dan tidak ada PHK meskipun tiga bank syariah telah bergabung, dan BSI membuka program pengembangan talenta kepada seluruh masyarakat Indonesia untuk mempersiapkan pemimpin bank syariah di masa depan. Keempat, BSI membuat program pengembangan talenta bagi masyarakat Indonesia untuk meningkatkan literasi dan pemahaman ekonomi syariah serta bekerjasama dengan para ekonom dan lembaga syariah untuk mendukung program tersebut, mendorong pengembangan ekonomi syariah dengan mempercepat penyelesaian rantai nilai halal.
Co-Authors 'Athifa, Rofifa Dhia A.A. Ketut Agung Cahyawan W ABDUL AZIZ, MUHAMMAD Abdul Hafidz Bin Zaid Adhi Sunjaya, Al Farizi Afifah, Amatullah Nur Agnes Rengga Indrati Ahmad Yasin, Ahmad Aini, Yulia Hayatul Akbar, Rohul Amaylia Oehadian Andy Kurniawan, Andy Anggraeni, Neni Azmi, Muhammad Ulul Bashari, Muhammad H. Candrakusuma, Mushlih Devid Frastiawan Amir Sup Dewantara, Affrizal Berryl Dwi Wahyudha Wira Dyah Laksmi Dewi Effendi, Ahmat Muzaeni Arif Fedro, Alfarid Haerul Akmal Hanifah, Cenia P. Hasanuddin Yusuf Adan Imam Kamaluddin Iman Nur Hidayat Irianto, Gunawan Jamilah, Adinda Muftiviany Nur jayanti, kurnia firmanda Kamri, Norazzah Binti Khafid, M. Ali Zi khoirunnisa, ria khoirunnisa, ria Khristian, Erick Khusniati Rofiah Kusumastuti, Annisa Silvi Laniyati Hamijoyo, Laniyati Lukman Hakim Mafaza, Syofi Aruni Mas Rizky A.A. Syamsunarno Modjaningrat, Ismiana Fatimah Muhammad Irkham Firdaus Mulyono Jamal Nadjwa Zamalek Dalimoenthe Nasyiruddin, Ahmad Zakky Praptama, Suhendra Prastyaningsih, Ika Purnama, Jeri N. Putra, Yoanda Syah putri alyumnah, putri Rachmawati, Andini Rahadiani, Nur Ramdan Panigoro Ratu Safitri Reyhan, Muhammad Rini Widyastuti Rohman, Muchamad Zainur Safitri, Aiza Rahma Sahid, Mualimin Mochammad Sahputra, Jaya Saipul Nasution Sari, Tryas Titi Sonny Zulhuda Sulistiyorini, Ifa Sumirat, Vanessa A. Syamsunarno, Mas Rizky A. A. Syamsunarno, Mas Rizky A.A Syamsuri Syauqoti, Roifatus Tamliqon, Muhammad Ulfa, Badria Nur Lailina Winangun, Kikin Zahro’, Khurun’in Zatadini, Nabila