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All Journal El-Mashlahah Sunan Kalijaga: Islamic Economics Journal
Abdul Mujib
State Islamic University of Sunan Kalijaga Yogyakarta
Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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BASYARNAS as a Place for Dispute Resolution of Musyarakah Financing in Sharia Banking in the Disruption Era Evi Eka Elvia; Abdul Mujib; Azhar Nor; Muhammad Imanuddin Akbar
El-Mashlahah Vol 13, No 1 (2023)
Publisher : Sharia Faculty of State Islamic Institute (IAIN) Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23971/el-mashlahah.v13i1.5345

Abstract

The practice of musyarakah financing in Islamic banking allows conflicts to occur between parties, the most dominating conflict in financing practices is the default. Arbitration is one of the non-litigation dispute resolution forums that can be used in resolving musyarakah financing disputes in Islamic banking. The purpose of this study was to analyze the settlement of default disputes on musyarakah financing practices which were resolved through the Badan Arbitrase Syariah Nasional (BASYARNAS). This research is normative legal research using a statutory approach. The results of the study show that financing disputes in Islamic banking occur because there are default factors behind them, namely intentional factors and negligence factors. Both of these factors can give a loss to the creditor (Bank) as the provider of funds. Musyarakah financing dispute settlement in Islamic banking is an agreement of the disputing parties. If it is contained in the agreement clause which states that dispute resolution is carried out through BASYARNAS, then BASYARNAS has the authority to resolve the dispute as stipulated in the law. In an era of disruption full of change and innovation, arbitration with the online system is an important matter in resolving disputes at BASYARNAS.
Management Of Phylantrophic Funds In People's Economic Development Nurul Khikmah; Abdul Mujib; Karimatul Khasanah
Sunan Kalijaga: Islamic Economics Journal Vol. 1 No. 1 (2022)
Publisher : Department of Islamic Economics, Faculty of Islamic Economics and Business, Universitas Islam Negeri Sunan Kalijaga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/skiej.2022.1.1.1538

Abstract

The purpose of this paper is to learn more about ZISWAF's management. With a phenomenological approach, this research method uses a qualitative approach to describe the findings between facts and reality that exist in society. While data collection requires literature and documentation investigations, so that it is recognized that the ZISWAF Fund can be maximized for the people's economic development, however the fund is currently primarily engaged in social service activities, charitable help, orphan compensation, Madrasah development, and other similar activities. They even tend to overlook other Muslims' interests, such as legal aid, In addition to efforts to discover the potential of philanthropy, child protection, public policy advocacy, women's empowerment, and several other key goals still require assistance from the use of philanthropic money and its impact on people's economic development, particularly the poor and underprivileged.
Co-Authors Azhar Nor Evi Eka Elvia Karimatul Khasanah, Karimatul Muhammad Imanuddin Akbar Nurul Khikmah