Tawazun: Journal of Sharia Economic Law
Tawazun : Journal of Sharia Economic Law (P-ISSN:2655-9021, E-ISSN:2655-9579) first appeared in March 2018. This Journal based on scientific research published twice a year, March and September. The editorial board receives articles from researchers, educators and observers about sharia economic law and sharia business law to be published after having tight selection, peer review, and serious editing.
Articles
176 Documents
<![CDATA[Ihtikar dan Tas’ir dalam Kajian Hukum Bisnis Syariah ]]>
<![CDATA[Zaini, Ahmad]]>
<![CDATA[ TAWAZUN : Journal of Sharia Economic Law Vol 1, No 2 (2018): TAWAZUN : Journal of Sharia Economic Law ]]>
Publisher : <![CDATA[Sharia Faculty Islamic Economic Law Study Department ]]>
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DOI: 10.21043/tawazun.v1i2.5091
<![CDATA[We have heard news on television about the depletion of the availability and even the disappearance of food and gas in several regions. This causes the price of rice and gas to rise. As a result, there were long queues in these areas to buy rice (the price of which was quite affordable). Likewise with gas, the gas tube queues that are lined up become a common sight. The incident, not infrequently some sellers carry out hoarding actions or often referred to as monopolies. Broadly speaking, the attitude of the jurists regarding ihtikÄr includes several groups, groups that see that ihtikar is an act of haram, makruh, mubah and mandub. Ihtikar and tas'ir can be done if the price situation in the market soars. Of course, those who have the right to control monopoly and pricing are the authorities with the conditions for the benefit of the people. Monopoly and pricing basically harm many people, but both can be enforced under forced conditions and prices are not stable.]]>
<![CDATA[Jaminan dalam Pembiayaan Mudharabah (Studi Kasus Perbankan Syariah di Indonesia) ]]>
<![CDATA[Zakiyah, Faridatuz]]>;
<![CDATA[Hisam, Luqman Nur]]>
<![CDATA[ TAWAZUN : Journal of Sharia Economic Law Vol 1, No 2 (2018): TAWAZUN : Journal of Sharia Economic Law ]]>
Publisher : <![CDATA[Sharia Faculty Islamic Economic Law Study Department ]]>
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DOI: 10.21043/tawazun.v1i2.5092
<![CDATA[Mudharabah transactions are currently included in the main elements of a fairly risky position, because even though this system takes place due to cooperation between sahibul mall and mudharib, the implementation is quite difficult. Moreover, the practice carried out in banking is not exactly the same as the system applied with the classical concept, coupled with the existence of several new provisions such as the implementation of collateral in the mudharabah financing contract.The purpose of this study is to find out analyzing the application of guarantees in mudharabah financing practiced by banks in Indonesia using the Islamic legal framework. The research method used in this study is descriptive-qualitative analysis. From this study it can be concluded that the application of guarantees in mudharabah financing in Islamic banks is absolutely required. Because the thing that becomes a special consideration is to avoid things that cause harm to one party. In this case an aspect of assymetric information which in this situation will create moral hazard.]]>
<![CDATA[Dialektika Hukum Trading Saham Syariah di Bursa Efek Indonesia ]]>
<![CDATA[Hana, Kharis Fadlullah]]>
<![CDATA[ TAWAZUN : Journal of Sharia Economic Law Vol 1, No 2 (2018): TAWAZUN : Journal of Sharia Economic Law ]]>
Publisher : <![CDATA[Sharia Faculty Islamic Economic Law Study Department ]]>
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DOI: 10.21043/tawazun.v1i2.5073
<![CDATA[This study aims to find out how the legal basis and stock trading transactions that occur in the Islamic capital market in Indonesia. This study uses a field research method that discusses legal issues regarding stock trading based on field studies from various relevant sources. The capital market is a place for corporate activities to seek additional funds to finance its business activities. In Indonesia alone there are two capital markets, namely the regular capital market and the Islamic capital market. The Islamic capital market is a new breakthrough that has been carried out as a solution to the current trend of halal investment. It also becomes very interesting for the community, especially for Muslim communities to invest their capital in the company to get results and can participate in developing the company, but the reality that happens in the market is that many companies that have been listed on the stock exchange are still operating in accordance with sharia principles . The Islamic capital market can simply be interpreted as a capital market that implements sharia principles in economic transaction activities and apart from things that are prohibited such as usury, gambling and speculation.]]>
<![CDATA[Hutang Luar Negeri Dalam Perspektif Ekonomi Syariah ]]>
<![CDATA[Kirom, Cihwanul]]>
<![CDATA[ TAWAZUN : Journal of Sharia Economic Law Vol 1, No 2 (2018): TAWAZUN : Journal of Sharia Economic Law ]]>
Publisher : <![CDATA[Sharia Faculty Islamic Economic Law Study Department ]]>
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DOI: 10.21043/tawazun.v1i2.5093
<![CDATA[The purpose of this study is to find out how foreign debt law is reviewed in terms of Islamic economics. Foreign debt is among the funding sources to meet the State expenditure budget. This foreign debt is very important, especially developing countries in improving the economy. However, this debt problem has become a long debate among the people. There are people who agree that if the country adds debt, there are also those who disagree about it. Especially in terms of the applicable aspects of sharia economic law, this study reveals various theories and laws on sharia economic perspective on foreign debt. The results of this study are hadith exposure and the level of debt budgeted by the government.]]>
<![CDATA[Fleksibelitas Hukum Ekonomi Syariah ]]>
<![CDATA[Ridwan, Murtadho]]>
<![CDATA[ TAWAZUN : Journal of Sharia Economic Law Vol 1, No 2 (2018): TAWAZUN : Journal of Sharia Economic Law ]]>
Publisher : <![CDATA[Sharia Faculty Islamic Economic Law Study Department ]]>
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DOI: 10.21043/tawazun.v1i2.5079
<![CDATA[This study aims to examine the flexibility of Islamic law in general and the flexibility of Islamic law in particular. This study is a literature review. Data is collected from various works that have been produced by the scholars and analyzed descriptively. The results of the study show that in general, Islamic law is divided into two types; First, Islamic law is static (fixed) and will not change, this type of law is based on Nash qath'i. Second, Islamic law that is flexible (dynamic) that can change according to the demands of the times, this type of law is based on the results of ijtihad. Many flexible laws are found in the law of muamalat (Islamic economics) and this has happened since the beginning of Islam. There are many examples of the flexibility of Islamic economic law, including: Umar stopped distributing the land from the war, even though the Messenger of Allah had distributed the land; Umar stopped the portion of the zakat property for the convert group even though they belonged to eight groups who were entitled to receive zakat shares; Umar made a policy to excise non-Muslim traders as big as Usyur (10%) and Dzimmah Expert traders by 5% when they entered the Islamic region; and Umar founded the Diwan (Baitul Mal) even though it never existed at the time of the Prophet.]]>
<![CDATA[Strategi Pemasaran dalam Pencapaian Target Produk Simpanan Pada BRI Syari’ah ]]>
<![CDATA[Kusrini, Eni]]>
<![CDATA[ TAWAZUN : Journal of Sharia Economic Law Vol 2, No 1 (2019): TAWAZUN : Journal of Sharia Economic Law ]]>
Publisher : <![CDATA[Sharia Faculty Islamic Economic Law Study Department ]]>
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DOI: 10.21043/tawazun.v2i1.5416
<![CDATA[The achievement of the savings product target obtained is based on the optimism of BRI Syari'ah employees that the majority of Demak people are Muslims who certainly want a trustworthy service in accordance with their beliefs. In addition, BRI Syari'ah's market share in Demak is increasingly providing opportunities to help customers' needs. This study aims to find out: (1) strategies to achieve the target of marketing savings products at Bank Rakyat Indonesia (BRI) Syari'ah in Demak; (2) and analyze the implementation of efforts to implement strategic analysis on savings products at Bank Rakyat Indonesia (BRI) Syari'ah in Demak. This research is expected to provide various benefits. Theoretically, it is useful in the development of Islamic economics related to shari'ah banking, especially the strategy analysis and achievement of its savings targets. Practically beneficial for practitioners, especially for deposit product managers, as a consideration for managing savings products in shari'ah banking in order to achieve the expected targets.]]>
<![CDATA[Keberadaan Bank Syariah dalam Tata Hukum Nasional ]]>
<![CDATA[Aristoni, Aristoni]]>
<![CDATA[ TAWAZUN : Journal of Sharia Economic Law Vol 2, No 1 (2019): TAWAZUN : Journal of Sharia Economic Law ]]>
Publisher : <![CDATA[Sharia Faculty Islamic Economic Law Study Department ]]>
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DOI: 10.21043/tawazun.v2i1.5534
<![CDATA[The presence of Islamic banks operating on a profit sharing system is the beginning of the history of the growth of Islamic banks in Indonesia as an effort to meet the needs of the people who want banking products and services that are not interest-based, and are not speculative or not violating the principles of justice and togetherness. In addition, the birth of Islamic banks is also an opportunity for Muslims to use to relate calmly without hesitation because it is based on strong religious motivation in mobilizing public funds to finance economic development towards the welfare of many people. The existence of Islamic banks in the national legal system has a strong foothold after the enactment of Law Number 7 of 1992 concerning Banking which has substantially regulated banking business activities that have an operational basis for profit sharing. Provisions for profit sharing contained in these laws and regulations have been used as the legal basis for the operation of Islamic banks in Indonesia.]]>
<![CDATA[Standarisasi Perjanjian Baku Pada Perbankan Syariah ]]>
<![CDATA[Latif, Moh Abdul]]>
<![CDATA[ TAWAZUN : Journal of Sharia Economic Law Vol 2, No 1 (2019): TAWAZUN : Journal of Sharia Economic Law ]]>
Publisher : <![CDATA[Sharia Faculty Islamic Economic Law Study Department ]]>
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DOI: 10.21043/tawazun.v2i1.5513
<![CDATA[The legal relationship applies general terms and conditions set forth in the standard agreement. In connection with the legal relationship between Islamic banks and their customers, they will be questioned, especially those who do not understand the law, what law will be applied in the event of a dispute between Islamic banks and customers regarding the use of an Islamic banking service? Will the existing Islamic law apply to the disputes that arise? Or what will be applied are the terms and conditions set forth in the agreement? This question needs to be raised and the answer is needed to avoid misunderstandings for those who are lawless who intend to connect with Islamic banks, because at this time Indonesia does not yet have Standardization in the form of a Law on standard agreements. therefore it is very necessary to standardize the agreements that apply to the relationship between Islamic banks and their customers by Indonesian banks.]]>
<![CDATA[Tindak Pidana Kejahatan Pencucian Uang (Money Laundering) dalam Pandangan KUHP dan Hukum Pidana Islam ]]>
<![CDATA[Geno, Ali]]>
<![CDATA[ TAWAZUN : Journal of Sharia Economic Law Vol 2, No 1 (2019): TAWAZUN : Journal of Sharia Economic Law ]]>
Publisher : <![CDATA[Sharia Faculty Islamic Economic Law Study Department ]]>
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DOI: 10.21043/tawazun.v2i1.5223
<![CDATA[Money Laundering is an attempt to hide or disguise the origin of money or assets resulting from a criminal act through various financial transactions so that the money or assets appear as if they came from legal activities. There are three stages taken to " purification" the proceeds of crime in laundring money. First, the money generated from a crime activity is changed into a form that does not or does not arouse suspicion through placement in the financial system in various ways (placement). The second step is to conduct financial transactions that are complex, layered and anonymous with the aim of separating the proceeds of crime from various sources so that it is difficult to trace the origin of the fund which in other words hides or disguises the origin of the proceeds of crime (layering). The last step is the stage where the actor re-enters funds that have escaped their origins into Assets that appear legitimate both to be enjoyed directly, invested in various forms of material and financial assets, used to finance legitimate business activities or to refinance activities criminal act (integration).]]>
<![CDATA[Paradigma MaqÄsid Syariah Menjadi Disiplin Ilmu ]]>
<![CDATA[Abidin, Mukhlis]]>
<![CDATA[ TAWAZUN : Journal of Sharia Economic Law Vol 2, No 1 (2019): TAWAZUN : Journal of Sharia Economic Law ]]>
Publisher : <![CDATA[Sharia Faculty Islamic Economic Law Study Department ]]>
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DOI: 10.21043/tawazun.v2i1.5415
<![CDATA[The focus of this paper is on the issue of maqasid sharia from the historical aspect and the paradigm shift in thinking from scientific disciplines that still belong to Ushul Fiqh to become independent disciplines. Maqasid sharia is an attempt to harmonize commands and prohibitions to produce a moderate attitude in capturing messages from religious texts born 14 centuries ago. Maqasid sharia was established as a new independent scientific discipline after the appearance of as-Syatibi, which was later developed by scientists after a change of approach (which was previously only a fiqh approach in the modern approach to maqasid science with multiple disciplines including medical, social and any other sciences which support to take legal conclusion). Maqasid sharia is wisdom from what Allah revealed about law to be made a universal value.]]>
