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All Journal Indonesian Journal of Islamic Jurisprudence, Economic and Legal Theory
Nuranisya, Siti
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Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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Kaidah Fiqh: Konsep Murabahah Dalam Perbankan Syariah Nuranisya, Siti; Januri, Fauzan; Al-Hakim, Sofyan
Indonesian Journal of Islamic Jurisprudence, Economic and Legal Theory Vol. 3 No. 4 (2025)
Publisher : Sharia Journal and Education Center Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62976/ijijel.v3i4.1528

Abstract

This study discusses murabahah contracts from the perspective of fiqh muamalah rules and their implementation in Islamic banking in Indonesia. Murabahah is a sale and purchase contract with the principle of transparency of the cost price and profit margin that is clearly agreed upon between the seller and the buyer, in accordance with the principles of justice and the prohibition of usury in Islam. This study uses a normative legal method with a literature review to understand the legal basis and requirements of murabahah contracts. The results of the study show that murabahah contracts must meet the validity requirements such as tamyiz, ta'addud at-tarfain, tatabuq al-iradatain, ittihad at-tarfain, wujud al-mal 'inda al-'aqd or al-qudrah 'ala at-taslim, salahiyah al-mal li at-ta'amuli, at-ta'yin au qabiliyyah al-mahal li at-ta'amuli, and must not contain adamu mukhalafah asy-syari'i. However, Islamic banking practices often face obstacles, such as unclear ownership of goods and a lack of transparency regarding profit margins, which reduces customer trust. This study recommends strengthening internal supervision and public education to align murabahah contract practices with the objectives of Sharia. Thus, murabahah can become an effective Islamic financial instrument in supporting the economic growth of the community, especially the MSME sector in Indonesia, in a fair manner and in accordance with Islamic principles.
Studi Komparatif Konsep Perdamaian (Ash-Shulhu) dalam Kitab Bulughul Maram dan Implementasinya pada Akad Kontemporer Nuranisya, Siti; Najib, Moh
Indonesian Journal of Islamic Jurisprudence, Economic and Legal Theory Vol. 3 No. 4 (2025)
Publisher : Sharia Journal and Education Center Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62976/ijijel.v3i4.1529

Abstract

This research aims to analyze the legal standing and mechanisms of settlement (ash-shulhu) in muamalah (Islamic transactions) based on the perspective of hadith ahkam (legal hadiths). Amidst the complexity of modern economic disputes, peace settlements often emerge as a more effective solution than court litigation. This study employs a qualitative method with a library research approach and thematic analysis (maudhu’i) of hadiths related to reconciliation, specifically the hadith "Ash-shulhu jaizun baina al-muslimin" (settlement is permissible among Muslims). The results indicate that hadith ahkam provides strong legitimacy for ash-shulhu as a legal instrument to resolve material disputes, provided it does not permit what is forbidden or forbid what is permitted. Practically, the concept of ash-shulhu in hadith is highly relevant to modern Alternative Dispute Resolution (ADR) principles, which emphasize justice, mutual consent, and collective benefit in economic transactions.
Istishab dan Penerapannya dalam Hukum Ekonomi Syariah Nuranisya, Siti; Zulbaidah, Zulbaidah; Syarifudin, Dadang
Indonesian Journal of Islamic Jurisprudence, Economic and Legal Theory Vol. 3 No. 4 (2025)
Publisher : Sharia Journal and Education Center Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62976/ijijel.v3i4.1536

Abstract

This study explores the application of the principle of istishab in Islamic economic law, which is a fundamental principle in ushul fiqh that maintains the legal status of a matter unless there is clear evidence to change it. In the context of Islamic economics, istishab provides legal certainty and flexibility, allowing transactions and economic practices to remain valid unless proven otherwise. The research aims to analyze how istishab can be applied in contemporary Islamic economic transactions, especially in the production and digital finance sectors, and to identify challenges in its implementation. The research method used is qualitative with a descriptive-analytical approach, involving literature review, analysis of Islamic legal documents, and interviews with experts. The results show that istishab plays a crucial role in ensuring legal certainty and justice in Islamic economic transactions, particularly in complex and innovative transactions. The principle supports innovation and adaptation in Islamic economics while maintaining legal certainty. In conclusion, istishab is a highly relevant methodological foundation for upholding legal certainty and justice in modern Islamic economic transactions, especially in multi-akad and contemporary Islamic financial products.
Dialektika Metodologi Ekonomi Islam: Analisis Komparatif Pemikiran Umer Chapra dan Muhammad Baqir As-Sadr Nuranisya, Siti
Indonesian Journal of Islamic Jurisprudence, Economic and Legal Theory Vol. 3 No. 4 (2025)
Publisher : Sharia Journal and Education Center Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62976/ijijel.v3i4.1540

Abstract

This research aims to conduct a comparative analysis of the dialectics of Islamic economic methodology between two prominent figures: Umer Chapra and Muhammad Baqir as-Sadr. Umer Chapra represents the Mainstream School, which tends to be evolutionary by integrating moral values into the modern economic framework. Conversely, Muhammad Baqir as-Sadr, through the Iqtishaduna School, offers a revolutionary-doctrinal approach that demands the total independence of Islamic economics from the capitalist system. Utilizing a descriptive-comparative library research method, this study finds that their fundamental differences lie in the epistemological aspects, particularly regarding the concept of resource scarcity and the moral filter mechanism. Despite their differing methodological strategies, both scholars converge on the vision of distributive justice and social welfare. The results of this analysis are expected to strengthen the theoretical foundation in developing Sharia Economic Law that is adaptive yet consistently upholds substantive Sharia principles.
Tafsir Ahkam Fii Muamalah Konsep Akuntansi dalam Ekonomi Syariah Nuranisya, Siti; Bisri, Hasan; Kama, Mustopa
Indonesian Journal of Islamic Jurisprudence, Economic and Legal Theory Vol. 3 No. 4 (2025)
Publisher : Sharia Journal and Education Center Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62976/ijijel.v3i4.1542

Abstract

This research aims to explore the concept of accounting from an Islamic economic perspective through the Tafsir Ahkam (legal interpretation) approach. The primary focus of this study is how the muamalah verses in the Qur'an, particularly Surah Al-Baqarah verse 282, lay the fundamental foundations for the principles of bookkeeping, accountability, and financial transparency. The research method employed is qualitative, using a library research approach to examine books of legal exegesis. The findings indicate that Islamic accounting is not merely a commercial calculation tool but a form of moral and religious accountability to Allah SWT and fellow human beings. The principles of justice ('adl), truthfulness (sidq), and trustworthiness (amanah) serve as the main pillars in preparing Sharia-compliant financial statements. The implications of this research emphasize that integrating Tafsir Ahkam values into modern accounting standards is crucial for maintaining the integrity of the Islamic economic ecosystem.
Co-Authors Hasan Bisri Januri, Fauzan Kama, Mustopa Najib, Moh Sofyan Al-Hakim Syarifudin, Dadang Zulbaidah Zulbaidah, Zulbaidah