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All Journal JSE: Jurnal Sharia Economica Journal of Transcendental Law
Yani, Sirajul
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Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Implementation of Qiyas Dalil in Istinbath Contemporary Muamalah Law Yani, Sirajul; Septyanun, Nurjannah; Halim, Andy Fahmi
Journal of Transcendental Law Vol. 6 No. 2 (2024): Journal of Transcendental Law
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/jtl.v6i2.8058

Abstract

Qiyas is one of the methods of ruling in Islam that is used to determine the rulings of contemporary cases that do not have a direct text from the Qur'an and Sunnah. There are many contemporary cases that require a qiyas approach in determining the law. Therefore, this research is important to do in order to fill the void. This research is a descriptive qualitative research with a literature study approach. This approach is used to analyze the application of qiyas in contemporary muamalat based on the opinions of classical and contemporary scholars, as well as studies from fatwas of sharia institutions. This data is taken from various sources of literature relevant to the topic of qiyas, such as books of ushul fiqh, the views of fuqaha, and fatwas issued by sharia institutions, such as AAOIFI and Majma' Fiqh Islami. The stages of research are the stages of collecting literature data (library research), data validation, through triangulation. The next stage of data analysis and interpretations and the preparation of conclusions by systematically examining the application of qiyas in contemporary muamalat is carried out using qualitative descriptive analysis methods. The result of the study is that qiyas is defined as the similarity of the branch to the origin in terms of legal illat. The urgency of qiyas in contemporary muamalat law is crucial, especially due to the limitations of nash and ijma. Qiyas plays an important role in providing sharia legal certainty for various cases that continue to develop. The views of classical and contemporary scholars on the importance of qiyas in determining Islamic law, as well as several related fatwas issued by world fatwa institutions, are the basis for determining (istinbath) the law. With qiyas, Islamic law remains relevant to be applied in modern economic transactions. The application of qiyas in various contexts of contemporary muamalat, such as the qiyas of currency with dinars and dirhams, the validity of cash waqf with qiyas against weapons of war, as well as the validity of service lease transactions and qiyas on salam contracts. The application of qiyas leads to the determination of certain laws and leads to legal certainty regarding the contemporary issue in question.
ANALISIS FIQH MUAMALAH TERHADAP PRAKTIK PENUKARAN UANG DAN TRANSFER MAHASISWA Siraj, Sirajul; Siraj, Yani
JSE: Jurnal Sharia Economica Vol. 5 No. 1 (2026): Januari
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/jse.v5i1.3026

Abstract

In the rapidly evolving era of digital finance, the boundaries between social assistance and commercial transactions often become blurred, particularly within academic environments. This research investigates the phenomenon of informal cash-to-transfer money exchanges among students at STAI Ali bin Abi Thalib Surabaya. Facilitated through social media and peer interactions, this practice raises critical questions regarding its compliance with ṣarf (currency exchange) principles in Islamic jurisprudence, specifically concerning fairness, value equality, and the prohibition of riba (usury). The study aims to comprehensively describe the mechanisms of these exchanges, assess the students' literacy regarding fiqh al-mu‘āmalah, and analyze the validity of such practices against Islamic legal standards. Employing a qualitative descriptive method with a case study approach, data were collected via in-depth interviews with 12 students, a fiqh lecturer, and the student body president, supported by observational documentation. The findings reveal a significant gap between theoretical knowledge and practical application; many students engage in these transactions viewing them merely as ta’awun (mutual help), unaware of the strict sharf requirements. While some transactions adhere to yadan bi yadin (spot exchange) and mitslan bi mitslin (equal value), others fall into riba nasī’ah due to transfer delays and riba faḍl due to "service fees" deducted from the principal amount. The study concludes that while digital transfers are valid as taqābuḍ ḥukmī (legal possession), the lack of immediate settlement renders many transactions void. This highlights an urgent need for integrating contemporary digital fiqh literacy into the student curriculum.
PENGARUH ISLAMIC BRANDING DAN PERSEPSI KEMUDAHAN TERHADAP MINAT INVESTASI EMAS DIGITAL MAHASISWA STAI ALI BIN ABI THALIB SURABAYA Sirajul Siraj; Umbu Aha; Andy Fahmi; Muhammad Nafis
JSE: Jurnal Sharia Economica Vol. 5 No. 3 (2026): Juli
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/kjatx513

Abstract

Financial digitalization has driven the rise of application-based investment instruments, including digital gold. For students in Islamic higher education, financial decisions are driven not only by technological functionality but also by Sharia compliance. This study aims to analyze the partial and simultaneous effects of Islamic Branding and Perceived Ease of Use on Interest in Digital Gold Investment among students at STAI Ali bin Abi Thalib Surabaya. A quantitative associative approach was employed with 132 active students selected via simple random sampling. Data gathered through structured Likert-scale questionnaires were analyzed using multiple linear regression analysis. The results indicate that partially, both Islamic Branding (t = 8.221; p = 0.000) and Perceived Ease of Use (t = 5.942; p = 0.000) have a positive and significant effect on investment interest. Simultaneously, both variables significantly influence interest (F = 106.2; p = 0.000) with an  contribution of 62.2%. Strikingly, Islamic Branding emerged as the most dominant factor, although descriptive data recorded critical student skepticism regarding interest-free operations. This study underscores that for educated Islamic consumers, Sharia legality serves as a primary filter before technical ease. Therefore, the Sharia fintech industry must enhance contractual transparency to bridge the gap between financial convenience and religious compliance.
Co-Authors Andy Fahmi Halim, Andy Fahmi Muhammad Nafis Nurjannah S Siraj, Yani Umbu Aha