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Devid Frastiawan Amir Sup
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Al-Iktisab: Journal of Islamic Economic Law
Published by Universitas Darussalam Gontor
ISSN : 25804251     EISSN : 2615661X     DOI : -
Core Subject : Economy, Social,
Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice
Al-Iktisab: Journal of Islamic Economic law is a peer reviewed journal published by University of Darussalam (UNIDA) Gontor. The journal is semi-annual journal issued on May and November. The aims of the journal is to explore and develop economics related to Islamic laws that cover issues both from Indonesia and overseas. Moreover, the editor accepts final manuscripts that have not been sent to other journal for publication. Those interested in subscribing to the Journal, advertising in the Journal, submitting manuscripts to the Journal, or otherwise communicating with the Journal, should contact at aliktisab@unida.gontor.ac.id.
Arjuna Subject : Ilmu Ekonomi, Ekonometrika dan Keuangan (semua kategori) - Ilmu Ekonomi, Ekonometrika dan Keuangan (Lain-Lain)
Articles 5 Documents
 1 
Search results for , issue "Vol 4 No 1 (2020)" : 5 Documents clear
Sharia Credit Card in The View of Maqasid al-Sharia Wijaya, Rusdiana Priatna; Ismail, Nurizal
AL- IKTISAB Journal of Islamic Economic Law Vol 4 No 1 (2020)
Publisher : University of Darusssalam Gontor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21111/al-iktisab.v4i1.4347

Abstract

Islam is the perfect religious concept, all of life's activities are measured in the purpose of sharia enforcement. Maqashid sharia is a benchmark in determining activity in the determination, whether it is by these objectives or not. Credit card is a form of facility created to facilitate consumers in making transactions. This product is multiplying and changing the paradigm of consumers in making transactions in the digital era. Credit card has many benefits and functions, one of its functions is substituted for cash. Method of this study using literacy, data collection and collection of objects. The finding is that the contemporary scholars agree that in practice sharia credit cards are permissible as long as there are no aspects of gharar, usury, but also contain the maslahah of the users. DSN MUI responded favourably to the credit card with the issuance of the fatwa DSN No. 54/DSN/-MUI/X/2006 concerning KKS (Sharia Credit Card).
Construction of M. Umer Chapra's Economic Thoughts in Realizing Efficiency and Justice Rofiah, Khusniati; Ghozali, Mohammad
AL- IKTISAB Journal of Islamic Economic Law Vol 4 No 1 (2020)
Publisher : University of Darusssalam Gontor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21111/al-iktisab.v4i1.4349

Abstract

A study of thought in the economic setting of Muslims. This study aims to find out the concept of thinking of a Muslim economist, M. Umer Chapra examines the existence of universal economic problems faced by the nations of the world, namely the lack of human well-being due to lack of efficiency and justice in the allocation of God-given resources, which cannot be solved by the conventional system. As an alternative to achieving efficiency and justice, Chapra proposes an Islamic economic system that has a worldview and strategy in line with the Islamic sharia that enables it to print a fair and viable solution in Muslim countries. For Chapra, the main purpose of the management of allocation and distribution should not deviate from the maqashid al-sharia (sharia goal) which is the well-being of the people. Method of this study using literacy, data collection and collection of objects, In this study it is found that the world view of Islamic economy according to Chapra is based on three basic principles: monotheism, caliphate and 'is. Harmony between the al-sharia and the worldview is not enough to bring efficiency and justice to the well-being of the people, according to Chapra needed a strategy for organizing the economic system with four necessary and mutually supportive elements: filter mechanism, correct motivation, socio-economic and financial restructuring, and the role of the nation.
The Principle of Pacta Sunt Servanda in Fintech Transactions is Reviewed Through The Perspective of Ushul Fiqh Budiwati, Septarina; Junaidi, Muhammed; Nugroho, Wisnu Tri
AL- IKTISAB Journal of Islamic Economic Law Vol 4 No 1 (2020)
Publisher : University of Darusssalam Gontor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21111/al-iktisab.v4i1.4350

Abstract

The principle of Pacta Sunt Servanda as part of the legal principle, which is commonly described as "agreement as applicable to the author" carries its own implications in the practice of society, where the public must perform the agreement consistently, consequent, and full of responsibility. No exception in transactions in Financial Technology (Fintech), the applicability of this principle to be a reference for both parties to equally believe that the transaction process (lending) between them can be held accountable in terms of moral-ethical laws. The purpose of this research is to describe the validity of the pacta sunt servanda of the agreement on Fintech and describe the pacta sunt servanda basis reviewed through the study of ushul fiqh to soften a concrete solution against legal problematics that exist on Fintech. The methods used in this study are juridical-normative.The results of the research show that with the trend of ease carried by the Fintech can erode the essence of the principle of the law itself, and create a destructive mindset which is an agreement of the regarded as administrative terms that need to be met when conducting transactions on Fintech, so that various provisions inherent to the unreached Fintech agreements. In addition to the absence of strict supervision in the process of Fintech transactions facilitate the occurrence of fraud against the initial purpose of granting Fintech funds by the loan recipients.
Cash Waqf Auction for The Establishment of Islamic Institution on The Perspective of Islamic Law and Positive Law (A Case Study on Trensains Islamic Institution, Sragen, 2018-2019) Shalihah, Mar’atus; Cahyo, Eko Nur
AL- IKTISAB Journal of Islamic Economic Law Vol 4 No 1 (2020)
Publisher : University of Darusssalam Gontor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21111/al-iktisab.v4i1.4351

Abstract

Waqf (endowment) is one of Islamic philanthropy that offers the basics of justice and benefit. It should be managed with innovative management such as cash and productive waqf that can contribute a positive impact on the socio-economic of society. In the context of waqf fundraising, cash waqf auction is one strategy to accumulate the funding. Cash waqf auctions can be used as a supporting instrument to support and to enhance the general public need and education. Besides, waqf is not limited to the utilization as zakat, therefore the community development programs such as streamlining Islamic school can be carried out through waqf auctions funds. This study is an attempt to clarify the implementation of waqf auction to finance the establishment of an Islamic institution. Then, it discuses the concept and practice of this waqf auction on the perspective of Islamic law and positive law. The methodology used is qualitative research that is using legal sociology and critical legal analysis, data collected through field research, a document study,  and in-depth interviews. The documents studied were journals, books, papers, and relevant documents for this study. The finding of research reveals that Trensains Islamic Institution is implementing a similar practice of waqf in general. The uniqueness is introducing to the community the development of the waqf system by opening a service office. In the practice of waqf, the Trensain Islamic Boarding School had previously purchased land using bank funds. While the repayment, Treansain auctioned waqf by publishing waqf certificates of 300 per meter and announced using several media. The system of waqf is carried out together. The practice of waqf in Islamic boarding schools is valid according to the provisions of Islamic law. However, based on positive law, they have not met all the requirements. The problem is that the Trensains Islamic Institution should immediately register the nadzir (manager) in the Minister of Religious Affairs and Indonesian Waqf Board.
Application Tabarru’ and Tijarah Contract on Sharia Insurance Ghozali, Mohammad; Afifah, Amatullah Nur
AL- IKTISAB Journal of Islamic Economic Law Vol 4 No 1 (2020)
Publisher : University of Darusssalam Gontor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21111/al-iktisab.v4i1.4352

Abstract

In insurance has a contract that has been determined by sharia and has been written in the DSN-MUI namely there are tabarru’ and tijarah. See the contract offered by sharia insurance then this research aims to analyze how the application tabarru’ and tijarah authorizes in sharia insurance. The method used in this study is qualitative. The result of this study is wherein the tabarru’ have a purpose please help between insurance participants and tijarah authorizes have a commercial purpose, where the participant as a mall and company shohibul as a fundraiser. In this case, the tijarah authorizes can be turned into a tabarru’ contract when the party is willing to release its right to be transferred to tabarru’ fund. But instead, the tabarru’ can not turn into a tijarah.

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