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All Journal DE'RECHTSSTAAT BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam El-Mal: Jurnal Kajian Ekonomi & Bisnis Islam Journal of Ekonomics, Finance, and Management Studies
Dheddy Abdi Tamba
Unknown Affiliation
Religion Agriculture, Biological Sciences & Forestry Civil Engineering, Building, Construction & Architecture Economics, Econometrics & Finance Industrial & Manufacturing Engineering Law, Crime, Criminology & Criminal Justice Social Sciences

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Prinsip dan Batasan Monopoli pada Prilaku Ihtikar dalam Pandangan Islam Dheddy Abdi Tamba; Nurrohman; Ihwan Sugiarto; Ari Fajar Santoso; Heri Budi Harsono
El-Mal: Jurnal Kajian Ekonomi & Bisnis Islam Vol. 6 No. 3 (2025): El-Mal: Jurnal Kajian Ekonomi & Bisnis Islam
Publisher : Intitut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/elmal.v6i3.6247

Abstract

Hoarding in Islam is known as ihtikar, meaning hoarding behavior, which is one part of monopolistic practices. This hoarding behavior hurts the supply of goods in the market, so it can cause instability in the availability of goods and demand for goods and can result in market distortions. This research uses normative juridical, with a qualitative approach based on library research. Many business actors conduct monopolies by setting higher prices; according to business law in Indonesia, such monopolistic practices are strictly prohibited. In Islamic law, monopoly is allowed under restrictions and provisions based on the Koran and Hadith. Monopolies are permitted as long as they do not carry out hoarding (Ihtikar), especially goods that become staple foodstuffs or are related to the livelihood of many people. The role of government is to control monopolies and maintain stability by making regulations and direct intervention.
Konsep Maisir dalam Pandangan Fukaha dan Relevansinya pada Asuransi Konvensional: The Concept of Maisir in the View of Fuqaha and Its Relevance to Conventional Insurance Gozaly, Ahmad Yusdi; Dheddy Abdi Tamba; Nurrohman Syarif
BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol. 6 No. 1 (2025): BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam
Publisher : Pusat Penelitian dan Pengabdian Masyarakat (P3M), Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36701/bustanul.v6i1.1862

Abstract

This study aims to analyze the concept of maisir in Islam according to the views of the fuqaha and then relate it to conventional insurance and sharia insurance and the relevance of the concept of maisir in the context of conventional insurance in Indonesia, which is increasingly developing along with the needs of financial protection for the community. This research uses an analytical descriptive method which aims to analyze certain objects, conditions, or phenomena in natural or real conditions (without experiments) to compile a systematic overview and provide detailed, factual, and accurate descriptions. This type of research is a type of library research by reviewing the opinions of Ulama on the concept of maisir according to Fuqaha in the Fiqh literature and then reviewing its relevance to conventional insurance practices. The results of the study indicate that conventional insurance contains elements of maisir, because in practice there are aspects of speculation of chance so that it is possible for the perpetrators to be in two unclear states between profit or loss. This is because conventional insurance uses a tijari contract instead of a tabarru' contract. Therefore, this study recommends the development of a sharia-based insurance model based on the principle of ta'awun (mutual assistance) and fair risk sharing in order to provide an alternative that is in accordance with Islamic law.
COMPARISON AND DIFFERENCES OF SHIRKAH JURISPRUDENCE AMONG MADHAB SCHOLARS Dheddy Abdi Tamba; Yusdi Gozaly, Ahmad
DE'RECHTSSTAAT 2024: SPECIAL ISSUE ON LEGAL BUSINESS, PUBLIC POLICY, AND GREEN TECHNOLOGY
Publisher : Fakultas Hukum Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

hirkah is cooperation between two or more people in business, the profits and losses of which are borne jointly. In Uqud syirkah it is divided into five types, of which the Hanafi school of thought allows these five forms of syirkah, while the Maliki school of thought states that only three types of syirkah are valid, then the Syafii school of thought only allows two types of syirkah, and the Hambali school of thought only allows four types of syirkah. The differences in opinion of scholars regarding the types and laws of syirkah are due to several factors; namely differences in linguistic understanding abilities, differences in assessment of the status of hadith. Each school of thought scholar has his own method of ijtihad and school of thought recommendations, and of course this results in differences in the jurisprudential laws they conclude. This can be seen from the results of the legal products, which are also different between the jurisprudential laws issued and the legal products of other schools of jurisprudence. Cooperatives are a form of manifestation of syirkah whose legal basis is permissible according to Islamic (law), as long as it does not conflict with sharia principles (does not contain maysir, gharar and usury). This research discusses the halal and falsehood of cooperatives from the ulama Taqiyudin An Nabhani, according to the view of Taqiyyuddin An-Nabhani in his book, legal cooperatives are false with the term al-Jam'iyyah al-Ta'awuniyyah, because their operations are contrary to sharia principles.
Prinsip dan Batasan Monopoli pada Prilaku Ihtikar dalam Pandangan Islam Dheddy Abdi Tamba; Nurrohman; Ihwan Sugiarto; Ari Fajar Santoso; Heri Budi Harsono
El-Mal: Jurnal Kajian Ekonomi & Bisnis Islam Vol. 6 No. 3 (2025): El-Mal: Jurnal Kajian Ekonomi & Bisnis Islam
Publisher : Intitut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/elmal.v6i3.6247

Abstract

Hoarding in Islam is known as ihtikar, meaning hoarding behavior, which is one part of monopolistic practices. This hoarding behavior hurts the supply of goods in the market, so it can cause instability in the availability of goods and demand for goods and can result in market distortions. This research uses normative juridical, with a qualitative approach based on library research. Many business actors conduct monopolies by setting higher prices; according to business law in Indonesia, such monopolistic practices are strictly prohibited. In Islamic law, monopoly is allowed under restrictions and provisions based on the Koran and Hadith. Monopolies are permitted as long as they do not carry out hoarding (Ihtikar), especially goods that become staple foodstuffs or are related to the livelihood of many people. The role of government is to control monopolies and maintain stability by making regulations and direct intervention.
Co-Authors Ari Fajar Santoso Gozaly, Ahmad Yusdi Heri Budi Harsono Ihwan Sugiarto Nurrohman Nurrohman Syarif Yusdi Gozaly, Ahmad