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Axiological Harmonization of Sharia Economic Law Supremacy and DSN-MUI Fatwa in Indonesia Moh. Asep Zakariya Ansori; Royani; Mugni Muhit; Irvan Hilmi; Mohamad Anton Athoillah
Al Mashalih - Journal of Islamic Law Vol. 4 No. 2 (2023): AL-MASHALIH (Journal of Islamic Law)
Publisher : Sekolah Tinggi Ilmu Syariah Husnul Khotimah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59270/mashalih.v4i2.215

Abstract

This study aims to upgrade the position of the Compilation of Sharia Economic Law (KHES) and Fatwa DSN-MUI to become a law. This is because it is very urgent to immediately publish the draft to be ratified. Because KHES and DSN-MUI Fatwa are special rules that regulate the operational system and dispute resolution of Islamic economics, apparently its position is very strategic in the scope of Islamic economics. In addition to the urgency of the position of KHES and Fatwa of the National Sharia Council, it also contains weaknesses in the existence of National law. This is because its existence is not a source of law that has the legality of national law. As Law No. 12 of 2011 concerning the Formation of Legislation, does not mention fatwa as part of the legal basis in this country, Fatwa is just an opinion or advice conveyed by Islamic law experts who are members of an organization. The Fatwa of the National Sharia Council contributed to the birth of the Compilation of Sharia Economic Law. This is certainly a breakthrough related to the legality of sharia economic law. However, the existence of KHES is a reference for Religious Court Judges as a settlement of disputes, but KHES is not in the form of a law, in fact it is only a PERMA, and this certainly affects the legal force of national legislation. Therefore, to harmonize and formulate the National Sharia Council Fatwa into KHES and raise the status of KHES to become a law is important.
Flexibility of Al-Ijarah Contract Perspective of Islamic Economic Law Mugni Muhit; Sofyan Al-Hakim UIN; Iwan Setiawan
al-Afkar, Journal For Islamic Studies Vol. 7 No. 1 (2024)
Publisher : Perkumpulan Dosen Fakultas Agama Islam Indramayu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/afkarjournal.v7i1.888

Abstract

Islam became a new form of authority in the 7th century after the fall of the Roman empire. The fall and destruction of this civilization was followed by the emergence and growth of various new civilizations that were just as impressive and proud. Other fields of life, including Islamic economics, are also developing simultaneously in line with culture, science and technology. Historical facts show that Islam is a comprehensive system of life that regulates all dimensions of life, including Islamic law (Islamic law), social, economic and political, and all aspects of spiritual life. According to the study of the history of Islamic law, from the time of the Prophet until the death of the Prophet Muhammad. there is no sharia problem in society that cannot be solved. This is because whenever a problem arises with sharia (Islamic law), its resolution is always left to the authority of the Prophet Muhammad who has received divine guidance from Allah Swt. Directly. Rasulullah Saw. has many legal precedents. The Companions said this clearly at the time and the Qur'an did not explain it.
Dynamics of Monetary Policy Comparative Study Between Indonesia and Malaysia Mugni Muhit; Yadi Janwari; Sofyan Al-Hakim
al-Afkar, Journal For Islamic Studies Vol. 7 No. 2 (2024)
Publisher : Perkumpulan Dosen Fakultas Agama Islam Indramayu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/afkarjournal.v7i2.1043

Abstract

In countries that embrace a dual banking system, such as Indonesia and Malaysia, the monetary policy implemented is also a multiple monetary policy. Both Islamic and conventional monetary policies have the same goal, which is to create stable money value and full employment. This article aims to analyze the transmission of convergence monetary policy implemented by Indonesia and Malaysia with two objectives: first, to identify the transmission channel of dual monetary policy in Indonesia and Malaysia; second, to compare the effectiveness mechanism of dual monetary policy implementation in Indonesia and Malaysia. The analysis of several empirical studies concludes that the transmission channels, both Islamic and conventional in the monetary policy of dual banking system in Indonesia and Malaysia are the same, but the tendency of the channel depends on the real conditions of each country's economy. The mechanism of the effectiveness of monetary policy transmission in Indonesia and Malaysia is almost similar, namely the transmission instruments of Islamic monetary policy and or elements of Islamic banking that can withstand inflation as well as increase economic growth and development.