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All Journal Paradigma : Journal of Science, Religion and Culture Studies SANGAJI: Jurnal Pemikiran Syariah dan Hukum International Journal of Economics (IJEC)
Aminuddin
Sekolah Tinggi Agama Islam Al-Barokah
Religion Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice

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Implementation of the Concept of I'tibar Al Ma'alat in Sharia Banks Toward Customer Late Fines for Delaying Payment Obligations Aminuddin, Aminuddin; Puspa Devi, Chindya Pratisti
PARADIGMA : JURNAL ILMU PENGETAHUAN AGAMA, DAN BUDAYA Vol 21 No 1 (2024): PARADIGMA Journal of Science, Religion and Culture Studies
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat Universitas Islam 45

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33558/paradigma.v21i1.7953

Abstract

The concept of I'tibar Al Ma'alat is a legal consideration that is carried out based on the participation or understanding of a guideline study and sees its relationship with the consequences that occur, be it good or bad consequences. This study aims to determine the principle of I'tibar Al Ma'alat, the rules and regulations of Islamic banks related to fines on customers who are late in paying obligations to be in line with the concept of I'tibar Al Ma'alat and the impact of the implementation of the concept of I'tibar Al Ma'alat in terms of fines on customers and Islamic banks. This research uses a qualitative method with a normative juridical approach by extrapolating the legal texts set to consider the results with data collection through library research by reading and analysing in the form of fatwa books of DSN-MUI scholars, laws. The findings in this study indicate that the concept of I'tibar Al Ma'alat in the form of the bank continues to impose fines in the bank's internal system with the opportunity for customers to appeal the imposition of fines accompanied by evidence of force majeure faced with a certain period of time. The principle of I'tibar Al Ma'alat provides a solution that is more valuable, just and beneficial in accordance with the objectives of Maqashid Sharia.
Critical Study of DSN-MUI Fatwa No. 86 Concerning Cash Prizes in Fundraising at Sharia Financial Institutions Aminuddin
International Journal of Economics (IJEC) Vol. 3 No. 2 (2024): July-December
Publisher : PT Inovasi Pratama Internasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/ijec.v3i2.947

Abstract

This research is intended to examine the Fatwa of the National Sharia Council of the Indonesian Ulema Council (DSN-MUI) No. 86 regarding cash prizes in raising funds at sharia financial institutions. This Fatwa requires that gifts given by Islamic financial institutions to customers must be in the form of goods or services, and prohibits gifts in the form of cash. This study aims to examine the effectiveness and implications of the fatwa and explore possible revisions based on input from Islamic banking scholars and practitioners. The research method used is qualitative through a descriptive analytical approach. Primary data includes DSN-MUI fatwa no. 86 of 2012, research results show that the implementation of this fatwa, especially regarding obligations for gifts in the form of goods, brings challenges for Islamic banks, especially in terms of procurement, maintenance and distribution of gifts in the form of goods and so on. Research also finds that prizes in the form of cash are more flexible and attractive to customers, without adding significant cost burdens to Islamic banks. This research suggests a review and possible revision of the DSN-MUI fatwa no. 86, taking into account the mutual benefit of banks and sharia financial customers.
Maqāṣid Al-Syarī‘Ah Sebagai Basis Perlindungan Perempuan Dari Kekerasan Puspa Devi, Chindya; Aminuddin, Aminuddin
SANGAJI: Jurnal Pemikiran Syariah dan Hukum Vol 9 No 2 (2025)
Publisher : Fakultas Syariah IAI Muhammadiyah Bima

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52266/sangaji.v9i2.5357

Abstract

Violence against women remains a pressing humanitarian problem at both the global and national levels, with complex impacts encompassing physical, psychological, social, and even spiritual dimensions. From an Islamic perspective, this issue cannot be addressed solely through a normative approach but requires a contextual framework aligned with the universal objectives of the Sharī‘ah. This study seeks to examine the role of Maqāṣid al-Sharī‘ah as both a theoretical and practical foundation for providing protection to women from various forms of violence, particularly through the lens of Jasser Auda. The research method employed is normative-juridical with a qualitative-descriptive approach, utilizing the analysis of classical and contemporary Islamic legal literature, national regulations, and international legal instruments. The findings indicate that acts of violence against women constitute a fundamental violation of the five essential principles of Maqāṣid, namely ḥifẓ al-dīn (protection of religion), ḥifẓ al-nafs (protection of life), ḥifẓ al-‘aql (protection of intellect), ḥifẓ al-nasl (protection of lineage), and ḥifẓ al-māl (protection of property). Furthermore, Jasser Auda’s systemic approach, with its six features—cognition, purposefulness, holism, openness, multidimensionality, and teleology—provides a dynamic and applicable analytical framework for creating a just and equitable system of women’s protection. In this regard, Maqāṣid al-Sharī‘ah functions not only as a normative framework within Islamic law but also as an ethical and practical paradigm capable of strengthening policies, regulations, and public awareness in efforts to eliminate violence against women.
Co-Authors Chindya Pratisti Puspa Devi