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All Journal al-Afkar, Journal For Islamic Studies el hisbah: Journal of Islamic Economic Law Jurnal Hukum Islam
Heris Suhendar
Unknown Affiliation
Religion Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Fiscal Policy Instruments in Islam: Ghanimah and Fa'i Heris Suhendar; Yadi Janwari; Sofian 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.v7i2.965

Abstract

Ghanimah and fa'i are one of the fiscal policy instruments implemented by the Prophet Muhammad SAW which was later followed by the government of Khulafaur Rasyidin. The research aims to examine the function of allocation, distribution and stabilization of ghanimah and fa'i fiscal policies by the Prophet Muhammad SAW to his companions from various ulama opinions. This type of research is literature review research with a historical and conceptual approach. Research materials were obtained from library materials using documentation techniques. The research results found that: 1) state revenues are allocated from ghanimah and fa'i fiscal policy instruments based on text instructions; 2) there are differences of opinion among ulama in the distribution of ghanimah and fa'i; and 3) the social and economic conditions behind the various development policy directions during the time of the Prophet SAW and his companions, resulting in different fiscal policy stabilization functions.
Legal Politics of the Existence of Fatwa in Islamic Financial Institutions: Evidence from Indonesia Heris Suhendar; Oyo Sunaryo Mukhlas; Atang Abd. Hakim
Jurnal Hukum Islam Vol 21 No 2 (2023)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi_v21i2_03

Abstract

The existence of the DSN-MUI Fatwa cannot be separated from the political situation of Indonesia and the legal politics of the formation of Islamic economic regulations. At the end of Soeharto's presidency, the government began to listen to the aspirations of Muslims to incorporate sharia values into legislation. This research aims to examine the background of the issuance of Fatwa DSN-MUI through a legal political approach, and examine the legal position of Fatwa DSN-MUI in Islamic financial institutions. The type of normative research whose object of study is Fatwa DSN-MUI using statute approach, conceptual approach, and historical approach. Sources of legal and non-legal materials were obtained from literature and documentation studies. The existence of Fatwa DSN-MUI is caused by two factors, namely: First, the existence of regulations that require every Islamic financial institution to carry out its business activities in accordance with the Fatwa DSN-MUI; and Second, the development of product innovation in every Islamic financial institution that requires Fatwa DSN-MUI as norms and operational guidelines that govern it. Therefore, the position of Fatwa DSN-MUI in legal substance is morally and legally binding for all Islamic financial service business actors. The binding of the DSN-MUI Fatwa is due to the existence of orders from the legislation. This is differentiates the Fatwa of DSN-MUI from other religious fatwas.
Akibat Hukum Pembatalan Secara Sepihak Oleh Konsumen Dalam Perjanjian Pemasanan Ojek Online Gaskeun Delivery Heris Suhendar; Qotrunada, Anissa; M. Ilham T , M. Ilham T
el hisbah Journal of Islamic Economic Law Vol 3 No 2 (2023)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/elhisbah.v3i2.1189

Abstract

Unilateral cancellation of orders by consumers intentionally on the online motorcycle taxi service gaskeun delivery can cause losses to one party and is not in accordance with the principles of the agreement. This study discusses unilateral cancellation by consumers and its legal consequences on the online motorcycle taxi service gaskeun delivery. Further discusses dispute resolution. The research method uses empirical legal research with a qualitative approach, laws and conceptual regulations. The results of the study indicate that unilateral cancellation of an agreement without any reason justified by law is an unlawful act. The legal consequences of unilateral cancellation of an agreement are the emergence of the right to claim compensation for the party who canceled and the obligation to compensate for the party who canceled the agreement. The approaches that can be used in resolving unilateral cancellation of an agreement are the interest-based and right-based approaches. The interest-based approach is the first choice, because this approach can be carried out effectively and efficiently, considering the amount of loss caused by the act is not too large. This study contributes to the development of contract law, especially the settlement of cancellation of agreements.
Co-Authors Atang Abd. Hakim M. Ilham T , M. Ilham T Mukhlas, Oyo Sunaryo Qotrunada, Anissa Sofian Al-Hakim Yadi Janwari