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All Journal At Tahkim Jurnal Hukum Ekonomi Syariah
Abdul Mughni
IAI Tazkia
Law, Crime, Criminology & Criminal Justice

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Batasan Wewenang Peradilan Agama DiIndonesia Dalam Penyelesaian Sengketa Ekonomi Syariah Abdul Mughni; Muhammad Hanafi
Jurnal Hukum Ekonomi Syariah Vol. 2 No. 2 (2019): Jurnal Hukum Ekonomi Syariah AT-TAHKIM
Publisher : INSTITUT AGAMA ISLAM TAZKIA

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Abstract

At 2006, a government has issued constitution No.3/2006 aboutreligious court.Which is an amandement of constitutions No.7/1989. Whereinconstitution No.3/2006, an authority of religious court has been expanded. Andinserting a dispute retolution of Islamic economic as a part of absolut authority ofreligious court, as described in clause No.49 constitution No.3/2006. The research hasapplied normatively, which using positive law principles in sync. Then compare it toknow the practice of that law in a reality. And the data was collected from literature(case) study, and reinforced by an interview. The findings is, the constitution cannotimplemented effectively in religious court. Because of an unstability of theregulations of Islamic economic in religious court.
Tantangan Klausul Akad Syirkah Di Indonesia Abdul Mughni; Kokoh Hamdani
Jurnal Hukum Ekonomi Syariah Vol. 3 No. 2 (2020): Jurnal Hukum Ekonomi Syariah AT-TAHKIM
Publisher : INSTITUT AGAMA ISLAM TAZKIA

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Abstract

Syirkah al musahamah is a contemporary contract which is the development of classical syirkah. It has been formulated by the previous madzhab priests. Syirkah al musahamah developed by contemporary scholars (Ulama) to answer the problems of business that occur in the modern era, such as intercompany cooperation, Limited liability company (PT), CV, and others. Basically, implementation is inseparable from the basic syirkah, in order to remain in the scope of the Shariah and become a halal company. Implementation of Syirkah Al Musahamah on syariah cooperative 212 is globally in two of business units : Application of syirkah al musahamah contract on sharia cooperative 212. The members provide principal savings and mandatory savings. In other words, deposits become the shares they have in a sharia cooperative 212 which is managed using a syirkah al musahamah Implementation on the business unit of cooperative sharia 212. The members of cooperatives could be participate in the development of retail business by buying shares of cooperative sharia 212. Scholars (Ulama) have differences of opinion on the law syirkah al musahamah on the object traded and the implementation of pillars syirkah.
Co-Authors Kokoh Hamdani Muhammad Hanafi