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All Journal Al-Banjari : Jurnal Ilmiah Ilmu-Ilmu Keislaman AL-SULTHANIYAH
Fitriani, Ahda
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Arts Humanities Law, Crime, Criminology & Criminal Justice

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The This study examines the practice of sapambari in the ijarah (wage contract) system of the Banjar community, where remuneration is not agreed upon in a specific amount at the outset, but rather entrusted to the sincerity of the service user. This practice contrasts with the DSN-MUI Fatwa No. 112/DSN-MUI/IX/2017, which stipulates that the amount or quality of ujrah must be clearly defined in any ijarah contract. The study aims to explore the sociocultural reasons behind the use of sapambari an Faridah, Faridah; Hasanah, Tuti; Fitriani, Ahda
Al-Banjari : Jurnal Ilmiah Ilmu-Ilmu Keislaman Vol. 24 No. 1 (2025)
Publisher : Pascasarjana UIN ANTASARI Banjarmasin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18592/albanjari.v24i1.14544

Abstract

This study examines the practice of sapambari in the ijarah (wage contract) system of the Banjar community, where remuneration is not agreed upon in a specific amount at the outset, but rather entrusted to the sincerity of the service user. This practice contrasts with the DSN-MUI Fatwa No. 112/DSN-MUI/IX/2017, which stipulates that the amount or quality of ujrah must be clearly defined in any ijarah contract. The study aims to explore the sociocultural reasons behind the use of sapambari and evaluate its validity within the framework of Islamic economic law. Employing an empirical legal research method with a descriptive qualitative approach, data were collected through in-depth interviews and document analysis involving 22 informants from the Banjar community. The findings identify four main factors contributing to the practice: (1) the habit of service users not specifying wages at the beginning; (2) the habit of providers not stating the wage amount; (3) the perception that the result of work is a gift rather than compensation; and (4) the influence of Islamic boarding school education. From the perspective of Islamic economic law, the absence of specific ujrah is legitimized through the principle of ‘urf (custom), rendering the ijarah contract with sapambari remuneration legally valid. The study implies the necessity of incorporating cultural practices into the formulation of local Sharia-based legal norms.
Restructuring of Murabahah Agreement Financing: Case Study at PT Bank Muamalat Banjarmasin Branch Office Rahmawati, Nisa; Wafa, Faqih El; Gafur, Abdul; Faridah, Faridah; Fitriani, Ahda
AL-SULTHANIYAH Vol. 14 No. 1 (2025): AL-SULTHANIYAH
Publisher : Institut Agama Islam Sultan Muhammad Syafiuddin Sambas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37567/al-sulthaniyah.v14i1.3359

Abstract

This research discusses the problematic financing settlement policy regulated by Peraturan Bank Indonesia (PBI) No. 10/18/PBI/2008, Peraturan Otoritas Jasa Keuangan (POJK) No. POJK.03/2019, and Fatwa Dewan Syariah Nasional-Majelis Ulama Indonesia (DSN-MUI) No. 47, 48, 49/DSN/MUI/II/2005. Furthermore, this study analyses the implementation of these policies at Bank Muamalat KC Banjarmasin concerning relevant regulations. This research uses a qualitative approach through field research methodology, with data collection conducted through direct interviews with relevant informants. After collecting the data, the author describes, describes, and analyses the policy and implementation of financing restructuring with murabahah contracts at Bank Muamalat KC Banjarmasin. The results showed that the murabaha contract financing restructuring policy at the bank has been implemented comprehensively and by the provisions contained in PBI No. 10/18/PBI/2008, POJK No. 10/POJK.03/Year 2019, and DSN-MUI Fatwa No. 47, 48, 49/DSN/MUI/II/2005, which includes three main elements: rescheduling, reconditioning, and restructuring (3R).
Co-Authors Abd. Gafur Faridah Faridah Hasanah, Tuti Nisa Rahmawati, Nisa Wafa, Faqih El