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All Journal JURNAL IQTISAD: Reconstruction of Justice and Welfare for Indonesia Aktiva : Jurnal Akuntansi dan Investasi Jurnal Dinamika Ekonomi Syariah
Arifin, Desi Siti Habibah
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Religion Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Studi Komparasi Hukum Jual Beli Penggunaan Uang Muka Menurut Empat Imam Madzhab Arifin, Desi Siti Habibah; Nuraeni, Neni; Januri, Fauzan
Jurnal Iqtisad Vol 11 No 2 (2024): Jurnal Iqtisad
Publisher : Universitas Wahid Hasyim Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31942/iq.v11i2.11255

Abstract

Down payment is called urbun in Fiqh studies. There are differences of opinion regarding the legal status of the use of the down payment or urbun. This research is a type of qualitative literature research with descriptive analysis method. Data sources come from written literature, such as books, books, scientific articles, and others related to the subject of research. The Hanafi and Shafi'i Madzhab tend not to allow it because it is considered to contain elements of uncertainty and potential injustice, while the Maliki and Hanbali Madzhab tend to allow this practice on condition that there is a clear agreement, which later became the basis for the issuance of DSN-MUI Fatwa No. 13/DSN-MUI/2000 concerning Down Payment in Murabahah. 
FORCE MAJEURE IN SHARIA AGREEMENTS: CRITICAL REFLECTIONS ON CUSTOMER LEGAL PROTECTION IN THE MIDST OF PUBLIC POLICY CHANGES Arifin, Desi Siti Habibah; Mukhlas, Oyo Sunaryo
Jurnal Dinamika Ekonomi Syariah Vol 12 No 1 (2025): Jurnal Dinamika Ekonomi Syariah
Publisher : Program Studi Ekonomi Syariah, Institut Agama Islam Pangeran Diponegoro Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53429/jdes.v12i1.1302

Abstract

This article aims to critically analyse the application of force majeure in sharia contracts, particularly in the context of economic disputes resulting from public policies. By exploring the court decisions in this case, this study seeks to identify weaknesses in the sharia legal protection system and offer solutions to strengthen justice for the parties involved. The research method used is a qualitative approach with normative juridical research design and case-based analysis. This study aims to analyse in depth the application of force majeure clauses in sharia contracts, particularly in the dispute between PT Lissa Sejahtera Mandiri and Bank Nagari Syariah, by linking it to the legal protection of customers in the context of public policy changes. This case underscores the need for better synergy between sharia principles, contract implementation, and public policies that often become external obstacles. Courts are expected to not only focus on the formality of the agreement, but also consider the substance of justice in accordance with sharia principles.
Tantangan Saham Syariah Di Pasar Global Arifin, Desi Siti Habibah; Prasetyo, Yoyok
Aktiva : Jurnal Akuntansi dan Investasi Vol 10, No 1 (2025): AKTIVA
Publisher : Universitas Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53712/aktiva.v10i1.2351

Abstract

The development of Islamic financial markets has shown significant growth. Islamic stocks have become one of the investment instruments that investors are increasingly interested in. Despite this growth, Islamic stocks face complex challenges in the global market. This research is a type of qualitative literature research with descriptive analysis method. Data sources come from written literature, such as books, scientific articles, and others related to the research subject. The challenges of Islamic stocks include limited financial instruments that comply with sharia principles, lack of awareness and understanding of Islamic stocks among global investors, and differences in regulation and compliance in various countries. In addition, low liquidity, complexity in the valuation of Islamic stocks, and changing interpretations of sharia by religious authorities add another layer of difficulty for investors. Lack of supporting infrastructure and global market volatility are also factors that affect the attractiveness of Islamic stocks.
FORCE MAJEURE IN SHARIA AGREEMENTS: CRITICAL REFLECTIONS ON CUSTOMER LEGAL PROTECTION IN THE MIDST OF PUBLIC POLICY CHANGES Arifin, Desi Siti Habibah; Mukhlas, Oyo Sunaryo
Jurnal Dinamika Ekonomi Syariah Vol. 12 No. 1 (2025): Jurnal Dinamika Ekonomi Syariah
Publisher : Program Studi Ekonomi Syariah, Universitas Pangeran Diponegoro Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53429/jdes.v12i1.1302

Abstract

This article aims to critically analyse the application of force majeure in sharia contracts, particularly in the context of economic disputes resulting from public policies. By exploring the court decisions in this case, this study seeks to identify weaknesses in the sharia legal protection system and offer solutions to strengthen justice for the parties involved. The research method used is a qualitative approach with normative juridical research design and case-based analysis. This study aims to analyse in depth the application of force majeure clauses in sharia contracts, particularly in the dispute between PT Lissa Sejahtera Mandiri and Bank Nagari Syariah, by linking it to the legal protection of customers in the context of public policy changes. This case underscores the need for better synergy between sharia principles, contract implementation, and public policies that often become external obstacles. Courts are expected to not only focus on the formality of the agreement, but also consider the substance of justice in accordance with sharia principles.
Co-Authors Januri, Fauzan Mukhlas, Oyo Sunaryo Neni Nuraeni, Neni Prasetyo, Yoyok