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Ahmad Ashril Rizal
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istinbath@uinmataram.ac.id
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Fakultas Syariah, Universitas Islam Negeri Mataram, Jalan Gajah Mada No. 100 Jempong Baru, Mataram
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INDONESIA
Istinbath: Jurnal Hukum dan Ekonomi Islam
Published by Universitas Islam Negeri Mataram
ISSN : 18296505     EISSN : 26549042     DOI : -
Core Subject : Religion, Economy, Social,
Religion Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice
Istinbath fokus pada bidang hukum Islam yang meliputi Hukum Keluarga Islam, Ekonomi Syariah, Hukum Pidana Islam, Fiqh-Ushul Fiqh, Kaidah Fiqhiyah, Masail Fiqhiyah, Tafsir dan Hadits Ahkam.
Arjuna Subject : -
Articles 15 Documents
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Search results for , issue "Vol. 23 No. 2 (2024): December" : 15 Documents clear
FIQH MUAMALAH PERSPECTIVE ON INDODAX CRYPTOCURRENCY PAYMENTS: IMPACT ANALYSIS Mudrikah, Azizah; SW, Oman Fathurohman
istinbath Vol. 23 No. 2 (2024): December
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/ijhi.v23i2.886

Abstract

This research aims to explain a more in-depth analysis of the effects of using Indodax cryptocurrency payments from the perspective of fiqh muamalah and how it interacts with the principles of fiqh muamalah. This research is qualitative and uses a library research method. The author collects data, analyses it, and concludes the sources of information obtained. The results show that the impact of using Indodax cryptocurrency payments triggers concerns regarding the elements of gharar (uncertainty) and maisir (gambling) due to the highly fluctuating value and speculative nature that are sometimes involved in trading this digital currency. Because legal authorities do Not regulate cryptocurrency and have No Intrinsic Value, Cryptocurrencies can be affected by market manipulation, such as pump-and-dump schemes, where the price of a cryptocurrency is artificially inflated and then sold in large quantities, causing the price to crash. Such practices are a form of fraud and tadlis because they mislead other investors.
ALIGNING CRYPTOCURRENCIES WITH ISLAMIC LAW: CHALLENGES, ETHICAL CONCERNS, AND REGULATORY SOLUTIONS Rahmadani, Nova Mentari Putri; Fajar, Fajar
istinbath Vol. 23 No. 2 (2024): December
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/ijhi.v23i2.887

Abstract

Cryptocurrencies, underpinned by blockchain technology, present significant challenges to Islamic law due to their volatile nature, speculative tendencies, and lack of intrinsic value, which introduce elements of gharar (uncertainty) and maysir (gambling), both prohibited under Sharia. Additionally, cryptocurrencies' decentralized and pseudonymous nature has raised concerns about their potential misuse in money laundering and other criminal activities, further complicating their alignment with Islamic principles. The research emphasizes the need for a multi-faceted regulatory approach, incorporating Sharia advisory boards, asset-backed cryptocurrencies, and advanced RegTech solutions such as blockchain analytics and E-KYC protocols. By fostering collaboration among scholars, regulators, and financial experts, this study aims to bridge the gap between innovative financial technologies and Islamic law, promoting ethical growth and stability in the cryptocurrency market.
THE STRATEGIC ROLE OF BTN SYARIAH MARGONDA IN THE REALIZATION OF A USURY-FREE MURABAHA MORTGAGE AT PT. ABC GROUP: ANALYSIS BASED ON ISLAMIC LAW Damanik, Ade Zuki; Noor, Afif; Ichrom, Mohamad
istinbath Vol. 23 No. 2 (2024): December
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/ijhi.v23i2.888

Abstract

This study aims to analyze the application of the murabaha contract in the BTN Syariah Margonda Home Ownership Credit (KPR) product from the perspective of Islamic law. In the face of increasing demand for usury-free housing, BTN Syariah offers a solution through the murabaha contract, which guarantees home financing without involving the element of interest. Through cooperation with PT ABC Group, BTN Syariah Margonda provides a more transparent and fair financing alternative for the community. This research method uses a normative-empirical approach with interviews, observations, and documentation studies. The results show that the application of the Murabaha contract at BTN Syariah Margonda is in accordance with Sharia principles, where the profit margin is determined from the start, and the installments are fixed throughout the payment period. However, the main challenge is the need for a more public understanding of the differences between sharia and conventional mortgages. Nevertheless, the murabaha contract provides a positive impact in the form of financial certainty for customers and supports stable financial planning without being trapped in usury practices. This research also identifies the need to increase public education on the advantages of Sharia-based financing and the importance of the role of property developers who fully implement Sharia principles.
ISLAMIC ECONOMIC LAW ON MUSYARAKAH AND MURABAHAH: IMPACTS ON ISLAMIC BANKING GROWTH Pramita, Adinda Dian; Fikriyah, Khusnul; Suryaningsih, Sri Abidah
istinbath Vol. 23 No. 2 (2024): December
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/ijhi.v23i2.906

Abstract

This research uses a qualitative approach with a literature study method to explore the performance of Islamic banking. This method allows researchers to understand the natural context of the phenomenon under study through data collection from various relevant literature, such as official reports from Bank Indonesia, the Financial Services Authority, and Islamic economic literature. This qualitative analysis aims to describe the condition and performance of Islamic banking in detail and in depth. The results show that Islamic banking has experienced significant growth in several indicators, such as asset growth and financing, compared to conventional banking. However, financing is still dominated by the consumptive sector, with MSME financing remaining low. The study also highlights the differences between murabaha and musyarakah contracts, as well as Islamic banking faces challenges such as limited product offerings and financial literacy issues. The key differences between Murabahah, a cost-plus sale contract, and Musyarakah, a partnership contract based on profit and loss sharing, lie in the way risks and profits are distributed.
STRENGTHENING THE SAFETY NET, PROTECTING WOMEN JUSTICE SEEKERS FROM THE CLUTCHES OF JUSTICE BROKERS Nasrudin, Muhamad; Zulaikha, Siti; Lestari, Enny Puji
istinbath Vol. 23 No. 2 (2024): December
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/ijhi.v23i2.909

Abstract

Female justice seekers are vulnerable and find it difficult to access justice due to psychological factors (fear, inferiority, nervousness), financial problems, limited access to facilities and resources, limited knowledge in the legal field, and negative stigma about going to court. In these circumstances, East Lampung district may turn to the pamong desa (village officials). Unfortunately, village officials sometimes act as justice brokers, preventing women from further accessing justice. This paper refers to how the safety net was built and strengthened to protect justice seekers from the clutches of justice brokers. Therefore, this paper uses qualitative research with a socio-legal approach. Data was collected through conversation and focused group discussion among village officials, religious counselors, the Office of Religious Affairs (KUA), and Rumah Perempuan dan Anak (RPA) Lampung Timur to strengthen the position of female justice seekers. The data was analyzed using feminist legal studies, access to justice, and mediation as a framework. As a finding, female justice seekers are vulnerable and have limited access. Therefore, support should be provided by close community assets, namely religious counselors and village officials. These two parties need to be strengthened in terms of understanding the importance of the perspective of vulnerable women as legal subjects, prioritizing the interests of victims, the urgency of resolving both litigious and non-litigious cases, strengthening close, trusted networks, consolidating and distributing roles among community assets, strengthening mediation and advocacy skills, strengthening the role of the KUA and its assets, strengthening preventative functions, and strengthening the economic family based on the uniqueness of the village.

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