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LEGAL ANALYSIS OF THE IMPLEMENTATION OF SHARI'AH INSURANCE INVESTMENT ACCORDING TO FIQH MUAMALAH Badri Hasan; Kautsar Rizqi Safrizal; Mahmud Arfan
JURISTA: Jurnal Hukum dan Keadilan Vol. 8 No. 2 (2024): JURISTA: Jurnal Hukum dan Keadilan
Publisher : Centre for Adat and Legal Studies of Aceh Province (CeFALSAP)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jurista.v8i2.200

Abstract

The principle of Sharia insurance is mutual assistance or mutual protection, where members set aside their funds as contributions related to tabarru' (charitable donations). Investments in insurance companies can be represented in the form of portfolios. A portfolio is a collection of integrated investment forms aimed at gaining investment returns. The primary objective of an investment portfolio is to achieve high returns with low risk levels to meet obligations to policyholders and for the growth of the company. Meanwhile, profitability depicts the company's ability to generate profits through all available capabilities and resources. Sharia-compliant insurance companies like Sun Life Sharia Insurance offer investment opportunities to customers through various insurance products. Each product has different contractual agreements, some requiring customers to make investments while others do not. Since Sharia-compliant insurance products containing investment elements are still relatively new, detailed explanations regarding the contracts and implementation of investments in the insurance company are necessary. The author uses a research method that includes qualitative research, which is descriptive in nature. The Fatwa of the National Sharia Council Number 21/DSN-MUI/X/2001 Regarding General Guidelines for Sharia Insurance states that Sharia insurance (ta'min, takful, or tadhamun) refers to mutual protection and assistance among individuals or parties through investments in the form of tabarru' funds that provide a return pattern to address specific risks through contracts (agreements) that comply with Sharia. Therefore, being insured is permitted in Sharia law because its fundamental principles encourage everything that strengthens the bonds among humans and alleviates their disasters, as mentioned in the Quran, Surah Al-Maidah, verse 2.
IMPLEMENTATION OF CORPORATE SOCIAL RESPONSIBILITY BY PT WOYLA ACEH MINERALS IN GEUMPANG DISTRICT ACCORDING TO THE CONCEPT OF MAQASID SYARIAH Afna, Nurul; Badri Hasan
JURISTA: Jurnal Hukum dan Keadilan Vol. 9 No. 2 (2025): JURISTA: Jurnal Hukum dan Keadilan
Publisher : Centre for Adat and Legal Studies of Aceh Province (CeFALSAP)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jurista.v9i2.290

Abstract

This research examines the functions and applications of corporate social responsibility (CSR) by PT Woyla Aceh Minerals in accordance with the principles of maqasid sharia. The implementation of CSR aims to have a positive impact on community development from moral, social, and other aspects through community participation; however, the application of CSR in the Geumpang sub-district has resulted in water pollution, environmental damage, the destruction of forest ecosystems, and agrarian conflicts. This study focuses on how the CSR implementation by PT Woyla Aceh Minerals can reduce the pollution impacts from gold mining exploration in Geumpang Subdistrict, as well as analysing the effectiveness and function of CSR implementation by PT Woyla Aceh Minerals in Geumpang sub-district from moral, social, and job creation aspects. This research employs qualitative research methods with an empirical juridical approach, which is a legal study that focuses on the direct application or implementation of normative legal provisions in cases or legal events occurring in the community. Data collection techniques included interviews with workers, community leaders, and relevant parties from PT Woyla Aceh Minerals. The results show that the CSR programme of PT Woyla Aceh Minerals has not fully met the strategic needs of the community, including increasing mineral resources, promoting sustainable economic development, and ensuring long-term preservation. Therefore, integrating maqasid sharia is proposed to ensure that CSR not only meets material aspects but also contributes to social and environmental welfare comprehensively and fairly. This research recommends that the government and law enforcement agencies do not grant operational permits to companies without oversight by related parties, by imposing strict sanctions and revoking licenses for irresponsible companies.