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All Journal Jurnal Masharif al-Syariah: Jurnal Ekonomi dan Perbankan Syariah NALAR FIQH: Jurnal Hukum Islam
Fathoni, M. Kamal
Unknown Affiliation
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Penyelesaian Sengketa Perbankan Syariah Perspektif UUD Nomor 21 Pasal 55 Tahun 2008 dan Istishlah Fathoni, M. Kamal; Sasnifa, Pidayan; Burhanuddin
Jurnal Masharif al-Syariah: Jurnal Ekonomi dan Perbankan Syariah Vol 10 No 2 (2025)
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/jms.v10i2.25881

Abstract

Disputes are a natural thing and often occur in shariah banking, but it is not always caused by banking errors, but also customer errors. This study aims to reveal two main things, namely: (1) to find out how the application of UU No. 21 Tahun 2008 on Sharia Banking Dispute Settlement, (2) to find out how to resolve Sharia Banking Disputes according to istishlah. The approach used is qualitative which is descriptive. Based on the research conducted by the author, the results of the conclusion that: 1) In determining a case, the Religious Court looks at it from the point of view of the Law (Preferred), Sharia principles and also what cases the plaintiff experienced. If there is a dispute that does not meet the criteria in the Constitution, it will be immediately rejected. 2) Istishlah is a view that is more inclined to choose a middle ground of a problem so as not to cause harm to people. If there is a problem that cannot be resolved due to a dispute in the banking of shariah, in the religious court because the problem does not meet the requirements described in the constitution, the problem can be resolved through deliberation, as-sulh, tahkim, hisbah, and judicial channels (qadha).
Kelembagaan dan Operasionalisasi BUMDes Berbasis Syari’ah Perspektif Hukum Ekonomi Syari’ah Hesim, Mohammad; Fathoni, M. Kamal; Alhusni, Alhusni; Sibawaihi, Muhammad
NALAR FIQH: Jurnal Hukum Islam Vol. 13 No. 1 (2022): June 2022
Publisher : Fakultas Syariah Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/nf.v13i1.1287

Abstract

The purpose of this research is to find out about the institutional and operational system of BUMDes based on sharia. This research is also called normative-empirical research, because the focus of this research study is in the form of the concept of economic fiqh law/sharia economic law regarding BUMDes, rules and norms that are backgrounded by observations of phenomenology and field facts that occur. Phenomenology is an approach that seeks to enter into the world of meaning conceptualized in individuals or groups which is then manifested in the form of phenomena. The results of the study show that: 1) in carrying out the sharia-based BUMDes institutions, the thing that is considered by the village government and the community is maslahah al-mursalah which pays more attention to human welfare, especially the village community where the BUMDes is established in order to improve the quality of life of the community. 2) Operationalization of sharia-based BUMDes which is carried out on this sharia-based BUMDes is by using shirkah, ba'i, and mudharabah contracts. This is applied to every existing unit, and is very good to be a model for businesses that want to follow the sharia system in their operations.
Co-Authors Burhanuddin Hesim, Mohammad Pidayan Sasnifa, Pidayan Sibawaihi, Muhammad