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Tawazun: Journal of Sharia Economic Law
Published by Sekolah Tinggi Agama Islam Negeri Kudus
ISSN : 26559021     EISSN : 26559579     DOI : -
Core Subject : Economy, Education, Social,
Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences Other
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.
Arjuna Subject : -
Articles 176 Documents
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Konstruksi At-Tas’īr Al-‘Adl dalam Dialektika Pemikiran Ibnu Taimiyah dan Ibnu Khaldun Muzakkir, Muzakkir
TAWAZUN : Journal of Sharia Economic Law Vol 2, No 2 (2019): Tawazun: Journal of Sharia Economic Law
Publisher : Sharia Faculty Islamic Economic Law Study Department

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21043/tawazun.v2i2.6068

Abstract

Bisnis modern merupakan realitas yang amat kompleks. Banyak faktor turut mempengaruhi dan menentukan kegiatan bisnis, antara lain faktor organisatoris-manajerial, faktor ilmiah-teknologis dan faktor politik-sosial-kultural. Kompeleksitas bisnis tidak bisa dipahami secara terpisah dari masyarakat yang dalam diri masyarakat itu sendiri terdapat struktur yang kompleks. Dalam konsep Islam, penentuan harga dilakukan oleh kekuatan permintaan dan kekuatan penawaran. Pertemuan keduanya harus didasarkan dan terjadi atas asas rela sama rela, tidak ada pihak yang terpaksa, tertipu atau adanya kekeliruan objek transaksi dalam melakukan transaksi barang tertentu. Bila terjadi hal-hal demikian, maka struktur dan atribut pasar akan menjadi tidak stabil dan berakibat vatal bagi keberlangsungan sistem ekonomi. Jalannya mekanisme pasar sangat mempengaruhi ketentuan harga normal. Peningkatan permintaan cenderung menimbulkan upaya menaikkan harga dan mendorong produsen memperbanyak produksi, namun jika kemampuan produsen dalam menyediakan barang meningkat dan permintaan menurun, maka harga akan turun. Harga seimbang menjadi kondisi terbaik dalam keberlangsungan mekanisme pasar, namun realisasi dari harga normal dan seimbang menjadi kajian penting dalam literasi pemikiran para tokoh seperti Ibnu Taimiyah dan Ibnu Khaldun. Kajian ini berupaya mengekplanasi dan mendeskripsikan gagasan dua tokoh besar pada bidang ekonomi Islam agar bisa menjadi standar dan acuan dalam merealisasikan Al-Tas’īr Al-‘Adl yang sesuai dengan konsep ekonomi Islam.
Sistem Pertanggungan Pada Penjaminan Bancassurance oleh Asuransi X Syariah Menurut Konsep Kafālah Zahara, Nuraiza
TAWAZUN : Journal of Sharia Economic Law Vol 3, No 1 (2020): Tawazun: Journal of Sharia Economic Law
Publisher : Sharia Faculty Islamic Economic Law Study Department

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (651.859 KB) | DOI: 10.21043/tawazun.v3i1.7092

Abstract

Cooperation agreement between the Bank and Insurance in the form of a bancassurance system the Bank transfers part of the risk that will arise to the Insurance. Such as the risk of debtor customer financing bottlenecks due to death, the risk borne by the Bank is transferred to the insurance company with life insurance coverage. Insurance agreement for debtor customers, Insurance applies a system based on the kafālah concept. This study explores how the insurance system between the customer and the Bank with the involvement of Insurance as a guarantor in the Bancassurance agreement and how the Islamic legal review of the insurance system carried out by the Insurance against the Bank with the Bancassurance agreement. This research uses descriptive analysis method, which describes or gives a description of the object under study through data or samples that have been collected. The conclusion of the research is that the coverage applied by the Insurance against the Bank is not in accordance with the true kafālah concept, the Insurance has paid the principal fund fully but does not pay the service fee in accordance with the minimum amount determined by the Bank. Based on the concept of insurance, the insurance should be obliged to fulfill everything that is the responsibility of the customer to the Bank, including compensation for services as stipulated. From the explanation above, the concept of kafālah applied by Insurance in its coverage of the Bank is still a mismatch between the concept and its application.
Service Excellent Berdasarkan Prespektif Islam di Bank Syariah Kurniawan, Danang
TAWAZUN : Journal of Sharia Economic Law Vol 3, No 1 (2020): Tawazun: Journal of Sharia Economic Law
Publisher : Sharia Faculty Islamic Economic Law Study Department

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (395.448 KB) | DOI: 10.21043/tawazun.v3i1.7835

Abstract

The effort of Islamic banks in creating and maintaining customers to remain satisfied and loyal is to implement service excellence. Descriptive qualitative research methods by reviewing the literature, books, journals and other references related to the research discussion. The results obtained, that the concept of Islamic banking service excellence consists of three aspects, namely aqidah, morals and muamalah. Al-Qur'an has become a guide in conducting Islamic banking services. Employees must also be able to imitate the Prophet in serving customers when trading (Surat al-Ahzab verse 21). Employees must serve customers with a gentle, forgiving, and a strong determination (Surat Ali Imran verse 159). The bank must also apply the method of propaganda Rasulullah SAW in attracting interest, and fostering customers namely Al-hikmah, Al-Mau'idzah bil Hasanah and Al-Mujadalah Bil Hasanah.
Efektivitas Penerapan Prinsip-Prinsip Syariah Dalam Penyelesaian Sengketa Ekonomi Syariah di Badan Arbitrase Syariah Nasional (Basyarnas) Rosidah, Zaidah Nur; Mahfiana, Layyin
TAWAZUN : Journal of Sharia Economic Law Vol 3, No 1 (2020): Tawazun: Journal of Sharia Economic Law
Publisher : Sharia Faculty Islamic Economic Law Study Department

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (397.358 KB) | DOI: 10.21043/tawazun.v3i1.7529

Abstract

This study aims to determine the application of sharia principles in sharia economic dispute resolution in the National Sharia Arbitration Agency (Basyarnas). This study uses a method of socio legal study, how sharia principles are applied in resolving sharia economic disputes so that they can provide justice for both parties. Secondary data collection is carried out through a literature study of primary legal materials and secondary legal material. Some data was requested for confirmation from the National Sharia Arbitration Agency (Basyarnas) in the Yogyakarta region. To obtain answers to the research problems, 3 activities were carried out simultaneously, namely data reduction, data presentation, conclusion drawing / syllogistic verification of deduction. The results of the research and discussion obtained several conclusions, namely first, Islamic principles have not been maximally implemented by Basyarnas, this can be seen from the basis of the consideration of Basyarnas law in its decision. Basyarnas should also correct in terms of the contract, whether it is in accordance with sharia principles or not so that the arising of the dispute is not solely due to the default of the customer but can also be caused by incompatibility with sharia principles. Second, according to Antony Allot's theory of legal effectiveness, the application of sharia principles in sharia economic dispute resolution has not been carried out in accordance with sharia principles, this is due to the lack of clarity in the case in Basyarnas' decision.
Persepsi Masyarakat tentang Haramnya Investasi di Pasar Modal Syariah Hidayah, Noor Laili; Aslicha, Ghina; Hana, Kharis Fadlullah
TAWAZUN : Journal of Sharia Economic Law Vol 3, No 1 (2020): Tawazun: Journal of Sharia Economic Law
Publisher : Sharia Faculty Islamic Economic Law Study Department

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (603.904 KB) | DOI: 10.21043/tawazun.v3i1.7530

Abstract

Public knowledge must also be comprehensive with the times. People are already familiar with the word "investment".  However, everyone's perception of investing in the Islamic capital market is different.  The negative public perception about the illicit investment in the Islamic capital market should not exist.  Many people think about halal or illicit investment that caused a lot of debate.  Halal perception comes from people who have been well educated and deeply educated.  Unlawful perception arises from the lack of public education about all aspects that exist in the Islamic capital market.  The purpose of this study is to prove that negative perceptions that mention investment is an unlawful activity is wrong and changing that notion into investment is a halal activity.  The results of this study indicate that some people who have negative perceptions come from people who have not been educated about investing in the Islamic capital market.  So, public education about investment in the Islamic capital market on all aspects needs to be improved, not only at the academic level but other aspects so that debate in the community about halal or illicit investment in the Islamic capital market need not be there.
Analisis Sistem Dropship Marketing Perspektif Konsep Maqashid Syariah Al-Syatibi Soviana, Riqqa; Abidin, Zainal
TAWAZUN : Journal of Sharia Economic Law Vol 3, No 1 (2020): Tawazun: Journal of Sharia Economic Law
Publisher : Sharia Faculty Islamic Economic Law Study Department

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (893.92 KB) | DOI: 10.21043/tawazun.v3i1.7533

Abstract

Dropship marketing system is a method of buying and selling online that is intended to achieve ease of transaction between seller and buyer. The benefit to be realized utilizes e-commerce as a practical modern tool. But in practice found a problem in this system that questions the element of mutual benefit between the seller and buyer. The problem is in the form of no need for a seller (dropshipper) to have merchandise to be traded. Whereas the existence of merchandise is a harmony and the conditions that must be met in the practice of buying and selling in order to avoid the element of uncertainty (gharar). Based on that problem then this research was made. This study aims to examine in depth the marketing implementation of the dropship system with the analysis of the concept of maqashid sharia al-Syatibi. The method used is in the form of a literature review with secondary supporting references. The results of this study indicate that the dropship marketing system that has been practiced by the wider community is not in accordance with the concept of maqashid syariah al-Syatibi. This is caused by the existence of lafadz clear orders and prohibitions related to the necessity of having merchandise by the seller, so that between the seller and buyer there is no party who feels disadvantaged. In connection with the most important thing, namely the fulfillment of the elements of maintenance of religion, soul, reason, honor and descent, as well as property as a condition for the achievement of sharia maqashid.
Penerapan Bagi Hasil Maro Perspektif Akad Mukhabarah Wahyuningrum, Ana Liana; Darwanto, Darwanto
TAWAZUN : Journal of Sharia Economic Law Vol 3, No 1 (2020): Tawazun: Journal of Sharia Economic Law
Publisher : Sharia Faculty Islamic Economic Law Study Department

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (554.454 KB) | DOI: 10.21043/tawazun.v3i1.7544

Abstract

Mukhabarah is a profit sharing partnership between the land owner and the sharecropper, where the land owner surrenders his land to the sharecropper and the capital is fully borned by the sharecropper. Mukhabarah which are take a place in Brakas Village, people are more familiar with "maro". The profit sharing collaboration was based on verbal agreements based on trust without witnesses and it is not determined how long the collaboration will be. The study aims to analyse what the agricultural system are used, what are the reasons for profit sharing, and how  "maro" system is compatible with the Mukhabarah. The research is used qualitative method with a descriptive approach, data collection methods through observation, interviews, and document review. The results found that smallholders and landowners preferred to profit sharing rather than rent. Furthermore, the implementation of profit sharing cooperation in Brakas Village was a mukhabarah agreement in Islamic law, but in practice was not fully in accordance with the existing Islamic concept, because there were some things that were not appropriate.
Gadai Emas Prespektif Kepatuhan Syariah dan Hukum di Indonesia Musa, Musa
TAWAZUN : Journal of Sharia Economic Law Vol 3, No 2 (2020): Tawazun: Journal of Sharia Economic Law
Publisher : Sharia Faculty Islamic Economic Law Study Department

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21043/tawazun.v3i2.7662

Abstract

In the practice of gold pawning in Islamic banking there are several costs that must be burden by customers. These costs include ujrah, administration, stamp duty, and insurance. Gold pawning transactions in Islamic banking must be identified whether they are in accordance with the concept that was stated or not. On the other hand, the practice of gold pawning is different from the policies issued by DSN. This study aims to determine the review of Islamic compliance and Islamic law against gold pawning in Islamic banking. The research method used is to use literature review, which is taken from books, articles, internet, and opinions of experts in their fields. Viewed from the aspect of sharia compliance, the reality of sharia banks uses as in the theory of sharia compliance policies in the gold mortgage financing process, namely the process of selling collateral and excess sales. While viewed from the aspect of Islamic law, the merging of the rahn and ijarah contracts is related to ta'alluq where the rahn contract is interdependent with the ijarah contract. The matter is permitted by DSN-MUI because between the rahn contract and the ijarah contract have different objects. While seen from the hadith gold pawn contract there are two contracts in one transaction, namely rahn contract and ijarah contract. This matter is prohibited in Islamic teachings.
Legalitas Transaksi Jual Beli Sepeda Motor Tanpa Bukti Kepemilikan dalam Perspektif Sadd Al-Żarī‘Ah Eriyanti, Nahara; Sarami, Ayu
TAWAZUN : Journal of Sharia Economic Law Vol 3, No 2 (2020): Tawazun: Journal of Sharia Economic Law
Publisher : Sharia Faculty Islamic Economic Law Study Department

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21043/tawazun.v3i2.8270

Abstract

This study is aimed to find out how the legal status of buying and selling motorbikes without vehicle registration STNK and BPKB, where many of the people of the District of Kebharga, especially Kala Lengkio Village and Mendale Village, conduct transactions of buying and selling motorbikes without STNK and BPKB. In general, buying and selling carried out by the public has fulfilled the legal requirements of buying and selling in Islam, which does not explain in detail that buying and selling motorbikes without the STNK of BPKB is a sale and purchase which is canceled. Unlike the case with the police which states that buying and selling motorbikes without a STNK and BPKB is a canceled sale. Based on the description above that is the focus of research on the formulation of the problem namely: how to buy and sell motorbikes without proof of ownership in the community of the District of Kebayakan and how is its legality from the perspective of sadd al-‘arī‘ah ?. In this study the author uses the case study research method then analyzed using the theory of sadd al-‘arī‘ah, then in the technique of collecting data the author uses interviews / interviews. The results of the study that the authors get about buying and selling motorbike transactions without proof of ownership and analyzed using the theory of sadd al-īarī'ah that looks at the benefits and mafsadat arising, then the motorcycle sale and purchase transactions without proof of ownership there is a level of understanding that is superior to with benefit, the sale and purchase of the people of the district is a sale that must be prevented and must also be avoided by the community because the sale can cause a lot of damage even though the sale of a motorcycle is a sale that is in accordance with the terms and conditions of the legal sale.
Analisis Kritis Atas Rendahnya Pembiayaan Berbasis Bagi Hasil Pada BMT di Jepara Ahmad, Fatkur Rohman
TAWAZUN : Journal of Sharia Economic Law Vol 3, No 2 (2020): Tawazun: Journal of Sharia Economic Law
Publisher : Sharia Faculty Islamic Economic Law Study Department

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21043/tawazun.v3i2.8418

Abstract

The purpose of this study is to identify factors influencing the low volume of profit sharing-based financing products of BMT Jepara. This study uses interviews with several related parties, including: the academician, practitioners, and customers. The problem of low profit sharing-based financing products in this study is viewed from three aspects: internal,  external, and regulation aspects. Based on the results of the study, from the internal aspect of BMT, the problem of profit sharing-based financing productst is caused by six factors, namely: High risk, Lack of quality and quantity of Human Resources, Complicated handling, No product innovation, Asymmatric information, and Lack of socialization. Meanwhile, the external aspects of BMT is caused by three factors, namely: Moral hazard, Lack of community’s knowledge on Islamic banking products, and Low of demand. Finally, from the aspect of the regulation, the low profit sharing-based financing products caused by lack of support from the regulator. Based on the results of this study, BMT is expected to develop and innovate its products in order to minimize the risk, as well as to socialize  to  the  community  so  that  people  know  the  products  of  BMT.  To  the customers of BMT are expected to better understand   products of the Syariah Banking. The Regulators are expected to regulate supporting policies to encourage the  growth of profit sharing-based financing products so that the Islamic Bank would enhance the  economic welfare of the Islamic society in the future.

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