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All Journal Al-Manahij: Jurnal Kajian Hukum Islam Teosofia: Indonesian Journal of Islamic Mysticism Jurnal Masharif al-Syariah: Jurnal Ekonomi dan Perbankan Syariah Wahana Islamika: Jurnal Studi Keislaman Justisia Ekonomika El-Qist : Journal of Islamic Economics and Business (JIEB) Al-Manahij : Jurnal Kajian Hukum Islam Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Safari : Jurnal Pengabdian Masyarakat Indonesia HIKMATUNA: Journal for Integrative Islamic Studies Manabia: Journal of Constitutional Law Asian Journal of Law and Humanity el hisbah: Journal of Islamic Economic Law Al-Hukkam : Journal of Islamic Family Law Wahana Islamika: Jurnal Studi Keislaman Hikmatuna Sunan Kalijaga: Islamic Economics Journal Jurnal Hukum Islam
Karimatul Khasanah, Karimatul
Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan
Religion Arts Humanities Astronomy Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Public Health Social Sciences Other

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Journal : Justisia Ekonomika

 1 
THE REALITY OF SHARIA BANKING IN INDONESIA; CRITICAL ANALYSIS OF SHARIA ECONOMIC LAW PERSPECTIVE Karimatul Khasanah; Nurul Khikmah
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 6 No 2 (2022): Desember 2022
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v6i2.14999

Abstract

 This article highlights the criticism directed at Islamic banks where many parties think there is no difference between Islamic banking and conventional banks. This assumption comes from at least three realities, firstly, Islamic bank capital comes from conventional banks, secondly, mudarabah which in its implementation, banks provide non-goods funds, and thirdly, Islamic bank products that use mudarabah in practice are different from the theory of mudarabah in classical fiqh. The perspective of Islamic economic law is appropriate to be used to answer these problems. The type of research used in this paper is normative legal research. The data sources used in this paper are primary data in the form of laws and Islamic legal literature. The type of approach in this paper is a conceptual approach, the concept intended is the theories that exist in Islamic law, specifically the theory of mixing halal and haram, the concept of mudharabah and murabahah according to fiqh. This study uses a qualitative method with a literature review approach (library research). The results of the study conclude that Islamic banking capital originating from conventional banks does not damage the contracts made by Islamic banking. Murabahah and mudarabah contracts which in their application are different from classical fiqh theory are actually forms of contract innovation because they adapt to current needs and as a form of embodiment of the principles that exist in sharia economic law.
THE REALITY OF SHARIA BANKING IN INDONESIA; CRITICAL ANALYSIS OF SHARIA ECONOMIC LAW PERSPECTIVE Khasanah, Karimatul; Khikmah, Nurul
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 6 No 2 (2022): Desember 2022
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v6i2.14999

Abstract

 This article highlights the criticism directed at Islamic banks where many parties think there is no difference between Islamic banking and conventional banks. This assumption comes from at least three realities, firstly, Islamic bank capital comes from conventional banks, secondly, mudarabah which in its implementation, banks provide non-goods funds, and thirdly, Islamic bank products that use mudarabah in practice are different from the theory of mudarabah in classical fiqh. The perspective of Islamic economic law is appropriate to be used to answer these problems. The type of research used in this paper is normative legal research. The data sources used in this paper are primary data in the form of laws and Islamic legal literature. The type of approach in this paper is a conceptual approach, the concept intended is the theories that exist in Islamic law, specifically the theory of mixing halal and haram, the concept of mudharabah and murabahah according to fiqh. This study uses a qualitative method with a literature review approach (library research). The results of the study conclude that Islamic banking capital originating from conventional banks does not damage the contracts made by Islamic banking. Murabahah and mudarabah contracts which in their application are different from classical fiqh theory are actually forms of contract innovation because they adapt to current needs and as a form of embodiment of the principles that exist in sharia economic law.
Co-Authors ABDUL MUJIB Agus Arwani Akhmad Jalaludin Alim, Fikri Ana Diyah Azizah Ana Ristiana Ansori Arina Manasikana Azizah, Anna Diyah Damayanti, Ralia Dian Restu Salsabila Hana Fahmilia Heny Rahmawati Heny Rahmawati Heny Rahmawati Ika Rinanti Jayawarsa, A.A. Ketut Khairunas Muhammad Prihartika Krisna Rendi Awalludin Manasikana, Arina Masitoh, Farida Nur Mayangsari, Putri Ayu Mohd Salleh, Mohd Mahyeddin Naily Himmatul Ulya nur hakiki Nurul Khikmah Nurul Khikmah Nutqi, Prisma Winda Prisma Winda Aniva Nutqi Putri Ayu Mayangsari Ramadhan, Mahendra Utama Cahya Sa'adah, Novita Nurus Said, Kholil Salleh, Mohd Mahyeddin Mohd Salman Hikam Sigit Yudhatama Prawira Sobirin, Mohamad sulam janah sulamjanah, sulamjanah Tarmidzi Wulan Suryaningsih Zafitriani, Difanti Ameliananda