Al-Iktisab: Journal of Islamic Economic Law
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.
Articles
153 Documents
<![CDATA[The Principle of Pacta Sunt Servanda in Fintech Transactions is Reviewed Through The Perspective of Ushul Fiqh ]]>
<![CDATA[Septarina Budiwati]]>;
<![CDATA[Muhammed Junaidi]]>;
<![CDATA[Wisnu Tri Nugroho]]>
<![CDATA[ AL- IKTISAB Journal of Islamic Economic Law Vol 4, No 1 (2020) ]]>
Publisher : <![CDATA[Universitas Darusssalam Gontor ]]>
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DOI: 10.21111/al-iktisab.v4i1.4350
<![CDATA[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.]]>
<![CDATA[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) ]]>
<![CDATA[Mar’atus Shalihah]]>;
<![CDATA[Eko Nur Cahyo]]>
<![CDATA[ AL- IKTISAB Journal of Islamic Economic Law Vol 4, No 1 (2020) ]]>
Publisher : <![CDATA[Universitas Darusssalam Gontor ]]>
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DOI: 10.21111/al-iktisab.v4i1.4351
<![CDATA[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.]]>
<![CDATA[Application Tabarru’ and Tijarah Contract on Sharia Insurance ]]>
<![CDATA[Mohammad Ghozali]]>;
<![CDATA[Amatullah Nur Afifah]]>
<![CDATA[ AL- IKTISAB Journal of Islamic Economic Law Vol 4, No 1 (2020) ]]>
Publisher : <![CDATA[Universitas Darusssalam Gontor ]]>
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DOI: 10.21111/al-iktisab.v4i1.4352
<![CDATA[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.]]>
<![CDATA[Sharia Credit Card in The View of Maqasid al-Sharia ]]>
<![CDATA[Rusdiana Priatna Wijaya]]>;
<![CDATA[Nurizal Ismail]]>
<![CDATA[ AL- IKTISAB Journal of Islamic Economic Law Vol 4, No 1 (2020) ]]>
Publisher : <![CDATA[Universitas Darusssalam Gontor ]]>
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DOI: 10.21111/al-iktisab.v4i1.4347
<![CDATA[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).]]>
<![CDATA[Construction of M. Umer Chapra's Economic Thoughts in Realizing Efficiency and Justice ]]>
<![CDATA[Khusniati Rofiah]]>;
<![CDATA[Mohammad Ghozali]]>
<![CDATA[ AL- IKTISAB Journal of Islamic Economic Law Vol 4, No 1 (2020) ]]>
Publisher : <![CDATA[Universitas Darusssalam Gontor ]]>
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DOI: 10.21111/al-iktisab.v4i1.4349
<![CDATA[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.]]>
<![CDATA[HALAL FOOD PRODUCTS LABELING ACCORDING TO ISLAMIC BUSINESS ETHICS AND CONSUMERS PROTECTION LAW ]]>
<![CDATA[Iyut Rizqi Utami]]>
<![CDATA[ AL- IKTISAB Journal of Islamic Economic Law Vol 2, No 2 (2018) ]]>
Publisher : <![CDATA[Universitas Darusssalam Gontor ]]>
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DOI: 10.21111/al-iktisab.v2i2.1972
<![CDATA[Halal food products labeling is a form of producer responsibility and fulfilling protectionist authority of Muslim consumers and a form of ethics in the business world. From some of the cases that coming explain a lot of manufacturers do not take full responsibility for protecting Muslims consumers authority. The purpose of this study is to know how the role of Halal food products labeling according Islamic business ethics and consumer protection law. The results of this study concluded that labeling of Halal on food products have goals and values, the values that will concrete the good behavior of an ethical business, noble and professionals in the business which pay attention to spiritual values and social interests so that will protect consumers. Halal labeling is a form of legal guarantees that will protect consumers in way of physical and spiritual, it is mean protecting consumers with regard to physical health and observance of Muslims in carrying out the commands of Allah. In addition, the labeling of Halal became absolute thing to do and obeyed, because rules are specified in Act No. 8 of 1999 on Consumer Protection and Law No. 33 of 2014 concerning the guarantee of halal products.Key Words: Halal Label, Islamic Business Ethics and Consumer Protection Laws ]]>
<![CDATA[THE PRINCIPLE OF PACTA SUNT SERVANDA IN FINTECH TRANSACTIONS IS REVIEWED THROUGH THE PERSPECTIVE OF USHUL FIQH ]]>
<![CDATA[NUGROHO, WISNU TRI]]>
<![CDATA[ AL- IKTISAB Journal of Islamic Economic Law Vol 4, No 1 (2020): Al-Iktisab: Journal of Islamic Economic Law ]]>
Publisher : <![CDATA[Universitas Darusssalam Gontor ]]>
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DOI: 10.21111/al-iktisab.v4i1.4074
<![CDATA[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 results of the research show that with the trend of ease carried by the Financial technology 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. The methods used in this study are juridical-normative. 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 Usul fiqh to soften a concrete solution against Legal problematics that exist on Fintech.]]>
<![CDATA[Analysis of Family Financial Management: Maqâshid Sharîa Approach ]]>
<![CDATA[Ria Nor Syaidatus Sofa]]>;
<![CDATA[Murniati Mukhlisin]]>
<![CDATA[ AL- IKTISAB Journal of Islamic Economic Law Vol 4, No 2 (2020) ]]>
Publisher : <![CDATA[Universitas Darusssalam Gontor ]]>
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DOI: 10.21111/al-iktisab.v4i2.5391
<![CDATA[This study aims to determine factors that affect family financial management from the maqâshid syarī'ah approach according to Imam al-Ghazali. The predicted factors are family control, family financial education, spiritual quotient, consumption behavior and saving behavior. Data collected using questionnaires distributed through hard copy and online. 110 respondents were collected and analyzed using multiple linear regression. The results indicate that family financial education, consumption behavior and saving behavior have a significant effect on family financial management, while family control and spiritual quotient do not affect family financial management. This research contributes to the development of the maqâshid sharīa perspective in the field of family financial management.]]>
<![CDATA[SWOT Analysis of Marketing Strategies on Services in Islamic Financial Institutions (Case Study at KJKS (Sharia Financial Services Cooperative) BMT La Tansa Gontor Ponorogo) ]]>
<![CDATA[Annas Syams Rizal Fahmi]]>;
<![CDATA[Ahmad Muqorobin]]>
<![CDATA[ AL- IKTISAB Journal of Islamic Economic Law Vol 4, No 2 (2020) ]]>
Publisher : <![CDATA[Universitas Darusssalam Gontor ]]>
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DOI: 10.21111/al-iktisab.v4i2.5396
<![CDATA[Service is a form of marketing strategy in a company. In this case, many conventional financial institutions and Islamic financial institutions are competing in improving the quality of service to be provided to customers and potential customers. BMT La Tansa Gontor is one of the sharia financial institutions under the Sharia Financial Services Cooperative (KJKS) that try to give a solution on community's economic difficulties with the values of Islam by publishing murabahah financing products. In this study, the author will discuss how the marketing strategies that have been carried out by BMT La Tansa Gontor in terms of service. This research will use the SWOT (Strengths, Weaknesses, Opportunities, Threats) analysis to find the extent of the services provided by BMT La Tansa and will provide conclusions about what BMT La Tansa should do after this research is complete. Marketing strategy that have been carried out by BMT La Tansa Gontor for customers is by giving services that have Gontor characteristics and characteristics namely, friendly service, comfortable communication based on kinship, the mechanism process in product purchasing procedures that is very comfortable to make customers loyal to BMT La Tansa Gontor, the staff's persuasive method apart from being young but also with a good appearance is its own attraction. The results of analysis and observation using SWOT, the researcher concluded that BMT La Tansa Gontor has some weaknesses, one of the factors were the lack of structured regeneration so that the pattern of value transformation and learning from seniors to juniors experienced difficulties and researchers could provide input that the strategy marketing that must be done by the BMT La Tansa Gontor in service to customers is to use SO (Strength-Oppoturnity) combined with ST (Strength-Threath) which is to take advantage of opportunities with existing strengths to be able to face threats from outside parties.]]>
<![CDATA[Applications of Savings and Deposit Contracts in Islamic Financial Institutions ]]>
<![CDATA[Mohammad Ghozali]]>;
<![CDATA[Syofi Aruni Mafaza]]>
<![CDATA[ AL- IKTISAB Journal of Islamic Economic Law Vol 4, No 2 (2020) ]]>
Publisher : <![CDATA[Universitas Darusssalam Gontor ]]>
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DOI: 10.21111/al-iktisab.v4i2.5395
<![CDATA[Wadi’ah is one of the forms of contract in Islamic financial institutions. Wadi’ah is the storage of goods accompanied by an agreement between the owner of the property or goods and a trusted party to take care of the property or goods. In principle, wadi’ah is to help the custodian of property or goods and the party in charge of the property or goods is as an assistant. Therefore, this wadi’ah contract is trust. This research study used a descriptive qualitative method with previous literature. The results of this study according to the type of wadi'ah are divided into two: namely the first is wadi'ah yad amanah (trust), where a person who receives a deposit is not allowed to use the goods or assets until it is taken back by the person who owns the property. The second type is wadi'ah yad dhamanah (guaranteed savings), which means that assets or goods can be used by the recipient of the deposit as long as they have not been returned to the depositor. However, if the profit is obtained from the utilization, then all of them are entitled to the recipient of the deposit. The status of the contract change from wadi'ah yad amanah to wadi'ah yad dhamanah can occur if: first, the assets in the deposit have been mixe. Second, recipients use the assets deposited. And third, recipients charge a service fee from the depositor.]]>
