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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Tadayun: Jurnal Hukum Ekonomi Syariah International Journal of Contemporary Islamic Law and Society
B, M Taufan
Unknown Affiliation
Religion Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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THE IMPLEMENTATION OF MURABAHAH CONTRACT ON THE RETIREMENT FINANCING AT SHARIA BANK OF INDONESIA Alazhari, Alvionita Ardilla; B, M Taufan; Amelia, Yuni
Tadayun: Jurnal Hukum Ekonomi Syariah Vol. 4 No. 2 (2023)
Publisher : Program Studi Hukum Ekonomi Syariah, Fakultas Syariah, Universitas Islam Negeri (UIN) Datokarama Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/tadayun.v4i2.106

Abstract

Retirement financing has a small financing risk because retirement financing at the Sharia Bank of Indonesia is based on a cooperation agreement between the Sharia Bank of Indonesia and retirement fund management institutions such as PT Taspen. One Sharia-based financing product in demand is selling and purchasing products with the Murabahah contract. The concept and application of financing with a Murabahah contract that is simple and easy to handle in the administration of Islamic banks is the main factor of Islamic banks in Indonesia applying the principle of Murabahah in financing. This research is doctrinal legal research, usually called normative legal research, supported by empirical data. In this research, the researcher found that the mechanism of retirement financing begins with the financing submission by the customer to the Bank, checking data/verifying data, analysis of financing feasibility, evaluation of financing needs and decisions, administration and accounting of financing, and the realization of the funding. Constraints in using Murabahah contract on retirement financing product at Sharia Bank of Indonesia Palu Basuki Rahmat as customers do not want to be complicated by the administrative process because of the age factor, which is the retirement age. Abstrak Pembiayaan pensiun merupakan pembiayaan yang memiliki risiko pembiayaan yang kecil, karena pembiayaan pensiun di Bank Syariah Indonesia didasarkan pada perjanjian kerjasama antara Bank Syariah Indonesia dengan lembaga pengelola dana pensiun seperti PT Taspen. Salah satu produk pembiayaan berbasis syariah yang cukup diminati adalah produk jual beli dengan akad Murabahah. Konsep dan aplikasi pembiayaan dengan akad Murabahah yang sederhana dan mudah dalam penanganan administrasi bank syariah menjadi faktor utama bank syariah di Indonesia menerapkan prinsip Murabahah dalam pembiayaannya. Penelitian ini merupakan penelitian hukum doktrinal atau biasa disebut penelitian hukum normatif yang didukung data empiris. Dalam penelitian ini, peneliti menemukan mekanisme pembiayaan pensiun diawali dengan pengajuan pembiayaan oleh nasabah kepada bank, pengecekan data/verifikasi data, analisis kelayakan pembiayaan, evaluasi kebutuhan dan keputusan pembiayaan, administrasi dan pembukuan pembiayaan, dan realisasi pembiayaan. Kendala dalam penggunaan akad murabahah pada produk pembiayaan pensiun di Bank Syariah Mandiri Palu Basuki Rahmat adalah karena nasabah tidak ingin dipersulit dengan proses administrasi karena faktor usia, yaitu usia pensiun.
Rejection of Wife towards Iwadh Khulu': A Maqasid Sharia Perspective Arfiana, Arfiana; B, M Taufan; Malkan, Malkan
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY Vol 5 No 1 (2023)
Publisher : State Islamic University Datokarama Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/ijcils.Vol5.Iss1.59

Abstract

Women were perceived as having a nasty and disturbing image in pre-Islamic times. They are considered worthless and subordinated beings whose presence causes many problems. They have no personal independence, their rights can be taken away from them, and their bodies can be trafficked or passed down through the family, which puts them in a precarious situation. Women are considered not worthy of being treated humanely in these circumstances. In Buol Regency, problems have been related to this iwadh khulu'. In this case, the wife did not receive the iwadh khulu' payment that was handed down to her because, during the time of marriage, the wife was treated improperly by her husband, such as not given a living to support her and her children, often being left alone without news, and not infrequently the husband commits domestic violence to the wife. Based on that, the researchers are interested in further researching this issue and have written a thesis entitled "Rejection of Wife towards Iwadh Khulu from a Maqashid Sharia Perspective (Case Study at the Buol Religious Court). The approach used in this research is qualitative. Data was gathered through observation, interviews, and documentation. The analysis was done through data reduction, data presentation, and verification. To ensure that the data obtained was valid and credible, analysis and checking of the validity of the data were carried out. The results of this study indicate that the wife's rejection of iwadh khulu' in the Buol district is based on a mental inability to accept all the burdens she has received during the marriage period. In the view of maqasid sharia, this is included in Hifdz Akl and Hifdz Nasl because refusal is made only based on the wife's mental condition in facing Khulu' (Divorce Lawsuit).
Polalanta Divorce Practices of the Banggai Tribe Community in Banggai Islands District in the Perspective of Islamic Law and Positive Law Mutalib, Adiyanto; B, M Taufan; Malarangan, Hilal
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY Vol 5 No 2 (2023)
Publisher : State Islamic University Datokarama Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/ijcils.Vol5.Iss2.71

Abstract

This study discuss the practice of Polalantadivorce practice among the Banggai ethnic community from the perspectives of Islamic law and positive law in the Mansamat B Village, South Tinangkung District, Banggai Islands Regency.The aims of this study are examine factors drive the residents of Mansamat B Village, South Tinangkung District, Banggai Islands Regency to engage in Polalanta divorce practice, and to find out the perspective of Islamic and positive law in Polalanta divorce practice among the residents of the village. This study used a qualitative method with data collection techniques involving observation, in-depth interviews, and written document analysis. The data analysis techniques employed include data reduction, data presentation, data verification, and drawing conclusions. This study found that time efficiency and simplicity are significant factors motivating the Banggai ethnic community in Mansamat B Village to opt for divorce outside the Religious Court or Polalanta practice. Additionally, economic considerations also play a role, requires administrative expenses, which, despite subsidies for those less fortunate, are still perceived as significant by some. Hence, the choice to divorce outside the Religious Court is more appealing. Furthermore, a lack of legal awareness and personal issues contribute to this practice. We aso found that there are distinctions between positive law and Islamic law concerning divorce. Islamic law requires only formal witnessing, whereas positive law mandates court proceedings in the Religious Court. This provision is outlined in Article 39 paragraph (1) of Law No.1 of 1974, Article 65 of Law No.3 of 2006, and Article 115 of the Compilation of Islamic Law, stipulating that divorce can only take place before a court session after the court has attempted and failed to reconcile both parties.
Sowing Peace, Reaping Harmony: The Role of Religious Figures in Grounding Religious Moderation in Sulawesi (A Socio-Legal Study B, M Taufan; Budiono, Arief; Ubay, Ubay; Marzuki, Marzuki; Sapruddin, Sapruddin; Hamiyuddin, Hamiyuddin; Hanafi, Muhammad Amin
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6836

Abstract

This study critically inquires the role of religious figures within the framework of instilling the concept of religious moderation in Indonesia. The main reason for this study is that social facts in Indonesia today, indicate that there are certain people who interpret religion in extreme ways. This is the background behind the issuance of Presidential Regulation Number 18 of 2020 which places religious moderation as a fundamental social capital for nation building. In line with that, this paper maps out the strategies run by religious leaders in carrying out their roles in grounding the concept of religious moderation. This article is based on socio-legal research. The data were collected through observation, in-depth interviews, and documentation. The result of this study shows that religious leaders play an important role in instilling religious moderation by acting as inspirations in inter-religious interactions, motivators in understanding religious moderation, role models in moderation behavior, initiators of moderate religious perspectives, promoters of internal and external dialogue, mediators, catalysts, in carrying out Islam as rahmatan li al-alamin, and is at the forefront (spearhead) in socializing the concept of religious moderation.
Co-Authors Alazhari, Alvionita Ardilla Amelia, Yuni Arfiana Arfiana, Arfiana Arief Budiono Hamiyuddin, Hamiyuddin Hanafi, Muhammad Amin Malarangan, Hilal Malkan Malkan Marzuki Marzuki Mutalib, Adiyanto Sapruddin Sapruddin Ubay, Ubay