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PANDANGAN ANTROPOLOGI TERHADAP PRAKTIK AKAD MUSYARAKAH DAN PROBLEMATIKANYA DI LEMBAGA KEUANGAN SYARIAH MOH. HAMZAH; EKA PERMATA SARI
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 7 No 2 (2023): Desember 2023
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v7i2.19957

Abstract

This research will comprehensively answer, describe, and explain in detail the context of problems that occur in musyarakah contracts. Therefore, this research will reveal the veil of understanding by focusing on the anthropological view of the implementation of musyarakah contracts, both in terms of the application of the contract and sharia principles, as well as the problems that often occur in musyarakah contracts in the operations of sharia financial institutions. This research is a type of normative-empirical research, which is an anthropological approach. The data used are primary and secondary data which are then analyzed using argumentative analysis techniques. The results and conclusions of this research are that musyarakah exists as a method for practicing and implementing Islamic religious values, where this also includes the concept of hifdz mall (maintenance of assets) which is essentially part of the objectives of sharia itself. Although problems often occur in the musyarakah contracts carried out intentionally by the parties or unpredictable force majeure, these musyarakah contracts can be maximized again by using good and correct solutions by Sharia financial institutions. With the concept of the musyarakah contract, Sharia financial institutions have a mission to fight ignorance, poverty, tyranny, evil, and injustice in economic activities to achieve al-falah (prosperity in this world and the hereafter).
The Role and Legal Aspects of Infaq, Sadaqah, and Waqf in Realizing Economic Equality and People's Welfare Moh. Hamzah
Al-Iqtishadiyah: Ekonomi Syariah dan Hukum Ekonomi Syariah Vol 10, No 1 (2024): Jurnal al-Iqtishadiyah
Publisher : Fakultas Studi Islam Universitas Islam Kalimantan Muhammad Arsyad Al Banjary

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31602/iqt.v10i1.14950

Abstract

Infaq, sadaqah, and waqf are crucial instruments in promoting and realizing an economy characterized by justice and widespread community welfare. However, there are several challenges in fulfilling their significant roles, including the lack of awareness and understanding among the public regarding the concepts of Islamic philanthropy. Therefore, this research focuses on the contribution of infaq in achieving community welfare and social solidarity, the tangible expression of social concern through sadaqah in Islam, and the regulation of waqf in Indonesia. This study employs a qualitative research approach, utilizing descriptive analytical methods. The findings of this research highlight that infaq has a strong relevance to its contributions to society. By optimally implementing the concept of infaq, it can provide substantial contributions in several crucial aspects of community life. Sadaqah, as a tangible expression of social concern in Islam, has significantly contributed to fostering mutual care and has implications for the equitable distribution of wealth among the community. Furthermore, the optimization of waqf implementation in Indonesia is realized based on Law No. 41 of 2004 on Waqf, the Compilation of Islamic Law Articles 215 to 229, and Government Regulation No. 28 of 1977 on Endowments.