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All Journal al-Afkar, Journal For Islamic Studies Al-Kharaj: Jurnal Ekonomi, Keuangan & Bisnis Syariah
Jajang Herawan
STAI Muhammadiyah Garut
Economics, Econometrics & Finance Social Sciences

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Penyelesaian Sengketa Perjanjian Syariah pada Lembaga Keuangan Syariah Jajang Herawan; Mohamad Anton Athoillah
Al-Kharaj : Jurnal Ekonomi, Keuangan & Bisnis Syariah Vol 6 No 1 (2024): Al-Kharaj: Jurnal Ekonomi, Keuangan & Bisnis Syariah
Publisher : Research and Strategic Studies Center (Pusat Riset dan Kajian Strategis) Fakultas Syariah IAI Nasional Laa Roiba

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/alkharaj.v6i1.3587

Abstract

Settlement of Sharia Agreement Disputes in Islamic Financial Institutions is a positive endeavor to provide legal certainty for justice seekers. The settlement of muamalah disputes in the Islamic tradition has been carried out since the time of the Prophet Muhammad. This is done through a court mechanism known today as litigation and through shulh, fatwa, tahkîm, mazhalim, and hisbah or what is known today as non-litigation. The forms of muamalah dispute resolution that operate in special Islamic financial institutions (LKS) that are currently in effect are almost the same as those that were in effect at the time of the Prophet. The path of litigation through the judiciary and the path of non-litigation through peace or alternative dispute resolution is known in fiqh as shulh, while the route through arbitration or in fiqh terminology is called tahkîm. Keywords: Dispute Resolution, Sharia Agreement, Islamic Financial Institutions
Philosophical Transcendentalism of Sharia Economic Law Mugni Muhit; Jajang Herawan; Hasan Bisri; Ija Suntana
al-Afkar, Journal For Islamic Studies Vol. 6 No. 3 (2023)
Publisher : Perkumpulan Dosen Fakultas Agama Islam Indramayu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/afkarjournal.v6i3.694

Abstract

The transcendentality of philosophy as a radical and comprehensive way of thinking, namely exploring something deeply through the basics of ontological, epistemological, and axiological studies. Islamic legal philosophy is the main law that regulates economic, political, cultural and other social issues. Sharia economic law philosophy is essentially a scientific building on Islamic economic concepts in a comprehensive manner (al-'ilmu al-iqtishādi fi al-Islām). And scholarship that studies sharia laws that apply in society (an-nizhām al-iqtishādi fi al-Islām). The basic principles of sharia economic law include: divinity (Ilahiyah), justice (al-'Ada), trust (al-amanah), freedom (al-hurriyah), permissibility (Al-Ibahah), convenience (Al-Taisir), certainty law (al-yaqin), expediency and benefit (al-manafi wal mashalih). The essence of justice is a balance above moral values. The discovery of the ideal value of justice, then the balance of the interests of mankind both legal certainty, welfare, happiness, education can be achieved. The nature of the maker of sharia is understood in the context of God's absolute power and will, namely to realize the goodness of life in the hereafter, based on the interests of dhahuriyyat, hajiyyat and tahsiniyat. The factors causing the tendency towards sharia economics include: financial literacy, trust, location selection, profit sharing and perceptions of profit sharing, as well as implementative awareness of faith and piety.
Contributions and Sources of State Finance Perspective of Imam Abu Hasan Al-Mawardi Jajang Herawan; Yadi Janwari; Ahmad Hasan Ridwan
al-Afkar, Journal For Islamic Studies Vol. 6 No. 3 (2023)
Publisher : Perkumpulan Dosen Fakultas Agama Islam Indramayu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/afkarjournal.v6i3.716

Abstract

State financial resources are regulastively regulated in Law Number 17 of 2003, concerning State Finance, namely State Finance is managed in an orderly manner, obedient to laws and regulations, efficient, economical, effective, transparent and responsible with due regard to a sense of justice and propriety. State revenue is the right of the Government which is recognized as an increase in the value of net assets generated from tax revenue, non-tax state revenue and grant revenue. The source of State finances according to Imam Al-Mawardi, asserts that the main source of State finances that must be managed properly and correctly in order to provide optimal results for the welfare of society and as a support for the course of government activities in a country. Imam Al-Mawardi's thinking contributes to the idea that the source of income or state revenue according to Islam is Kharaj, according to the Indonesian Wikipedia Kharaj is an excise tax on land products imposed on non-Muslims, Kharaj is an agricultural land tax, but in this day and age kharaj can also be categorized from the results of Land and Building Taxes. In Al-Mawardi's Financial Governance follows the concept that has been taught by the Prophet Saw. discussed in his book "Al-Ahkam As-sulthaniyyah" is the concept of Baitul Mal which is an institution that has the task of managing all the assets of the people in the form of sources of income and expenditure of state finances. Source of state revenue according to Imam Al-Mawardi is divided into 5, namely: 1) Zakat; 2) Ghanimah; 3) Fay; 4) Kharaj; and 5) Jizyah. The source of expenditure according to Al-Mawardi allocated to fakir, poor, ibnu sabil, fisabililah, mujahidin (soldiers), the whole community (depending on state priorities). Characteristic of Al-Mawardi's thoughts on state finances is that Al-Mawardi explains state finances in detail and systematically. Al-Mawardi allows borrowing state cash from other posts if the state treasury is insufficient for operations. Al-Mawardi explained that the management of state finances and religion is very important because Islamic financial management is an obligation of a state and the right of the people, so that government policies for economic improvement and welfare improvement through fair distribution mechanisms.
The Ijtihad Methodology of the Persatuan Islam Hisbah Council In the Determination of Islamic Law Mugni Muhit; Jajang Herawan; Ending Solehudin
al-Afkar, Journal For Islamic Studies Vol. 6 No. 4 (2023)
Publisher : Perkumpulan Dosen Fakultas Agama Islam Indramayu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/afkarjournal.v6i4.823

Abstract

This research examines and studies the Ijtihad of the Persatuan Islam Hisbah Council in determining Islamic Law. Persatuan Islam is one of the renewal movements that was established in 1923 AD. Persatuan Islam conducted ijtihad through the Persis Ulama Council which later changed its name to the Persatuan Islam Hisbah Council. The Hisbah Council is an Persatuan Islam Legal Institution that functions as a council of consideration, sharia studies, and fatwas in the Persatuan Islam jam'iyyah. The legal studies of the Persatuan Islam Hisbah Council have produced many Islamic legal thoughts, including the law of prayer in two languages, the law of Friday prayer for travelers, raising hands when praying, the position of zakat and taxes, and waqf money, as well as inheritance from non-Muslims. The method of the Hisbah Council in making legal decisions is to base it on the Qur'an and Sahih Hadith, as the main reference and reference for determining Islamic law, and to make ijtihad on issues that are not found in the Qur'an and Hadith of the Prophet.
Co-Authors Ending Solehudin Hasan Bisri Mohamad Anton Athoillah Mugni Muhit Mugni Muhit Suntana, Ija Yadi Janwari