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JURIDICAL ANALYSIS OF DEFAULTS IN MORTGAGE BUYING AND BUYING WITH BUY BACK GUARANTEE FACILITIES REVIEWED FROM ISLAMIC LAW AND POSITIVE LAW (Case study of PT. Sinarwijaya Ekapratista Banjar Wijaya Project) Kamilulloh, Farhan
HUKUMAH: Jurnal Hukum Islam Vol 6, No 2 (2023)
Publisher : STAI Tuanku Tambusai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55403/hukumah.v6i2.608

Abstract

Buy back guarantee is a guarantee made by the developer in the form of a statement letter, as long as the house certificate is in the settlement stage, which functions as an anticipation for the bank if the customer defaults. The aim of the research is to find out the working mechanism of the buy back guarantee until the bank makes a buy back guarantee claim to the developer as well as the rules for late fines for buy back claims. As well as in the view of Positive Law and Islamic Law. This research method uses qualitative. The results of this research are: The developer has criteria for potential working partners to be able to work together and make an agreement. Efforts that can be made by the developer before the bank asks to claim a buy back guarantee can be submitted. If various forms of warnings from the developer are not responded to by the customer then the bank can execute the guarantee by paying the fees specified. has been detailed by the bank. The solution provided by the developer to customers is to find a buyer who is able to replace the position of the defaulting customer at the bank so that they can carry out the transfer of rights to the unit. According to Islamic law, the imposition of late fines and penalty fees in the details issued by the bank can be reduced by the LTV of the developer's deposits which are still held in the bank. Settlement of the buy back guarantee between the developer and the customer can be resolved through non-litigation (outside of court). The developer pays the buy back guarantee according to the bank's request by reducing penalty fees and late fines distributed by the bank to Poscariti. Both the view of Islamic law and positive law allow it as long as no one is harmed.
MULTI-LEVEL MARKETING PARADIGM IN ISLAM Kamilulloh, Farhan; Ambardi, Prio
Islamic Banking & Economic Law Studies (I-BEST) Vol. 1 No. 2 (2022): ISLAMIC BANKING & ECONOMIC LAW STUDIES (I-BEST)
Publisher : STAI Asy-Syukriyyah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36769/ibest.v1i2.252

Abstract

This study aims to find out about MLM (Multi Level Marketing) in Islamic view (Islamic law). This research is qualitative descriptive. This study included literary research to examine the written sources such as scientific journals, book references, literature, encyclopedias, scientific articles, scientific papers and other sources that are relevant and related to the object which is being studied. As for the object of study of this research is form of texts or writings that describe and explain about MLM that be popular in Indonesia. Results of this study is Islamic law permit MLM as long as not contrary with Islamic law. However, if it is contrary with Islamic law, so MLM is forbiden. Islam has principles on the development of business systems that must be free of elements dharar (danger), jahalah (vagueness) and zhulm (detrimental or unfair to one party). The system of bonuses to be fair, do not oppress and do not only benefit the people. Businesses also must be free from the element of gambling, oppression, fraud, unclean, riba (interest), vanity etc. If we want to develop a MLM business, it should be free from those elements above. Therefore, the goods or services are commercialized and ordinances sales must be halal, no haram and doubtful, and not in conflict with the principles of Shari'ah above.
REFLEKSI PEMIKIRAN EKONOMI ISLAM ABU YUSUF Kamilulloh, Farhan; Ridha, Sugantina; Aminuddin, Aminuddin; Ambardi, Prio
Islamic Banking & Economic Law Studies (I-BEST) Vol. 2 No. 2 (2023): ISLAMIC BANKING & ECONOMIC LAW STUDIES (I-BEST)
Publisher : STAI Asy-Syukriyyah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36769/ibest.v2i2.436

Abstract

Most students today are more familiar with Adam Smith and other economic figures from the West, but we don't necessarily know that Islam also had early (classical) economic figures, such as al-Ghazali, Abu Ubaid and others. Therefore, it is interesting to discuss a brilliant Islamic economic figure of his time, namely Abu Yusuf. This research aims to reflect Abu Yusuf's thoughts. The method in this research uses the Research Library. The results of this research are the contribution of Abû Yûsuf's thoughts related to market mechanisms regarding demand and supply prices. Regarding taxation, Abu Yusuf advocates a tax system that is proportional, balanced and based on the principles of justice. In agricultural matters, to obtain greater production results by providing facilities for expanding agricultural land, and the costs are borne by the state.
THE INFLUENCE OF ACCOUNTABILITY, TRANSPARENCY, AND PROFESSIONALISM OF INSTITUTIONS ON THE LEVEL OF MUZAKKI'S TRUST IN PAYING ZAKAT AT LAZISNU DIY Adamy, M. Fikrul Humam; Faozi, Mohammad; Gustanto, Edo Segara; Kamilulloh, Farhan
Jurnal Asy-Syukriyyah Vol. 25 No. 2 (2024): Jurnal Asy-Syukriyyah
Publisher : STAI Asy-Syukriyyah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36769/asy.v25i2.575

Abstract

The purpose of this research is to determine the influence of accountability on the level of trust of Muzakki in Paying Zakat at PWNU Care LAZISNU DIY (Daerah Istimewa Yogyakarta, the influence of transparency on the level of trust of muzakki in paying zakat at PWNU Care LAZISNU DIY, the influence of professionalism on the level of trust of muzakki in paying zakat at PWNU Care LAZISNU DIY, and the influence of accountability, transparency, and professionalism on the level of trust of muzakki in paying zakat at PWNU Care LAZISNU D.I.Y. This research falls under the category of quantitative research, where the study is associated with numbers, tables, and graphs, utilizing the SPSS 26 tool to determine the results of validity tests, reliability tests, multiple linear regression, t-tests, F-tests, and coefficient of determination (R2). The sample used consisted of 83 Muzakki with a random sampling technique, and a questionnaire was employed as the data collection method. The results of this research indicate that accountability, transparency, professionalism, and accountability have a significant negative effect on the level of trust of Muzakki. Additionally, the variables of Accountability, Transparency, and Professionalism of the institution collectively and significantly influence the Level of Trust of Muzakki.
THE INFLUENCE OF ACCOUNTABILITY, TRANSPARENCY, AND PROFESSIONALISM OF INSTITUTIONS ON THE LEVEL OF MUZAKKI'S TRUST IN PAYING ZAKAT AT LAZISNU DIY Adamy, M. Fikrul Humam; Faozi, Mohammad; Gustanto, Edo Segara; Kamilulloh, Farhan
Jurnal Asy-Syukriyyah Vol. 25 No. 2 (2024): Jurnal Asy-Syukriyyah
Publisher : STAI Asy-Syukriyyah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36769/asy.v25i2.575

Abstract

The purpose of this research is to determine the influence of accountability on the level of trust of Muzakki in Paying Zakat at PWNU Care LAZISNU DIY (Daerah Istimewa Yogyakarta, the influence of transparency on the level of trust of muzakki in paying zakat at PWNU Care LAZISNU DIY, the influence of professionalism on the level of trust of muzakki in paying zakat at PWNU Care LAZISNU DIY, and the influence of accountability, transparency, and professionalism on the level of trust of muzakki in paying zakat at PWNU Care LAZISNU D.I.Y. This research falls under the category of quantitative research, where the study is associated with numbers, tables, and graphs, utilizing the SPSS 26 tool to determine the results of validity tests, reliability tests, multiple linear regression, t-tests, F-tests, and coefficient of determination (R2). The sample used consisted of 83 Muzakki with a random sampling technique, and a questionnaire was employed as the data collection method. The results of this research indicate that accountability, transparency, professionalism, and accountability have a significant negative effect on the level of trust of Muzakki. Additionally, the variables of Accountability, Transparency, and Professionalism of the institution collectively and significantly influence the Level of Trust of Muzakki.