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IMPLEMENTATION OF THE WAKALAH BIL UJRAH AGREEMENT IN SHARIA LIFE INSURANCE INDONESIA AND MALAYSIA Muhammet Hudayberdiyev
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 8 No 1 (2024): Juni
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v8i1.22264

This study examines the increase in public awareness in Indonesia and Malaysia about the importance of insurance, especially Sharia insurance, which both Muslims and non-Muslims prefer because its system is more transparent and fair. Even though public interest in these three countries is increasing, public knowledge about Sharia insurance is still limited. This research aims to understand the implementation of the Wakalah bi al-Ujrah contract in Prudential Sharia life insurance products, analyze its compliance with Islamic law and related fatwas, and identify supporting factors and challenges in its implementation. Using qualitative methods with a descriptive-analytical approach, data was collected through documentation and interviews. The research results show that implementing the Wakalah bi al-Ujrah agreement at Sharia Insurance involves key elements such as the Sharia Participant Application Form (SPAJ), policy summary, general and special terms and conditions, and policy illustrations. This study concludes that the implementation of the Wakalah bi al-Ujrah contract is by Islamic law, because SPAJ regulates the payment of Tabarru contributions and the management of funds based on the Wakalah bi al-Ujrah contract, guaranteeing transparency and fairness in the Wakalah bi al-Ujrah contract. insurance fund management

ETHICS OF GOLD INTALLMENT PLANS IN PAKISTANI SHARIA BANKS: PERSPECTIVE OF A SHARIA ECONOMIC LAW Sami Ullah Khan
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 8 No 1 (2024): Juni
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v8i1.22273

Pakistan is the country with the largest Muslim population in the world, with a total population of 220 million, of which around 96% are Muslims. Islam plays a central role in social, cultural, and political life in Pakistan, a country with a rich Islamic heritage and cultural diversity. In global economic development, various demands have emerged to adapt to changing social and economic conditions increasingly diverse by society's needs. This significantly impacts the banking sector, which must innovate to remain competitive. In Pakistan, both conventional commercial banks and Islamic banks face similar challenges. Islamic banking, in particular, aims to meet the needs of Sharia-based financial transactions, considering that the majority of Pakistan's population is Muslim. One of the innovative products offered by Islamic banks is gold installments. This research uses qualitative methods to analyze gold installment products from the perspective of Sharia economic law and ethics. The aim is to identify the service mechanism for this product, ensure its conformity with the provisions of Islamic Sharia economic law and the fatwas of the Shariah Advisory Boards of Pakistan, and assess its benefits in terms of economic ethics. The research results show that the service mechanism for gold installment products with murabahah contracts at Sharia banks does not violate Sharia economic law and is by the provisions of the Pakistani Shariah Advisory Boards. This product is popular with the public because it makes it easier for them to buy gold in installments, considering that gold is an asset whose value tends to increase.

INTERSECTION OF SHARIA ECONOMIC LAW IN ASIAN RELIGIOUS COURTS (A Case Study of Indonesia) Ilham Akbar Ryant Prabowo
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 8 No 1 (2024): Juni
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v8i1.22274

This research delves into the competency of religious courts within the framework of Sharia economic law, specifically focusing on a case study of religious courts in Indonesia. These courts hold a crucial role in resolving disputes related to Sharia economics, including matters of marriage, inheritance, and family finance. The competency of these courts, which involves a deep understanding of Sharia economic principles such as inheritance law, transactions (muamalah), and Sharia financial contracts, is vital for dispensing justice in line with Sharia principles. The study scrutinizes the ability of Indonesian religious courts to apply and comprehend Sharia economic law in their legal proceedings. This research offers insights into the nuanced aspects of religious court competency through a qualitative approach, employing methods such as case studies and content analysis. By focusing on qualitative methods, the study provides a rich and in-depth understanding of how religious courts navigate and interpret Sharia economic law within the Indonesian context. This research contributes significantly to the understanding of the importance of religious court competency in supporting Sharia economics in Indonesia and offers valuable insights for policymakers and practitioners.

INSOLVENCY TEST AS EVIDENCE IN SHARIA BANKRUPTCY CASES suhartono, suhartono
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 8 No 2 (2024): Desember
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v8i2.22246

The Indonesian bankruptcy law does not make insolvency a primary requirement for bankruptcy decision-making. Bankruptcy is based on the fulfillment of cumulative elements stipulated in Article 2 of the Bankruptcy and Suspension of Debt Payment Obligations Law (UUK-PKPU), even if the debtor is still solvent. This contrasts with Sharia bankruptcy, which places insolvency as a crucial substance in bankruptcy. This research is normative legal research with a substantive analysis approach. The results show that applying an insolvency test as evidence in Sharia bankruptcy cases is urgent and becomes a primary condition for upholding the ethics and fundamental principles of Sharia economic dispute resolution. In Islamic economics, bankruptcy (taflis) is the last resort (ultimum remedy) to resolve all disputes.

ANALYSIS OF JUDGES' CONSIDERATIONS IN SETTLING MUSYARAKAH AGREEMENT DISPUTES prasheila kusmastuti, ines; Al Muazzami, Al Muazzami
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 8 No 2 (2024): Desember
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v8i2.23580

Judges in deciding cases of sharia economic dispute resolution must consider sharia principles such as the DSN Fatwa. In fact, there are still decisions that do not consider sharia principles even though the case handled is a musyarakah contract financing dispute. This research method is normative to examine the judge's consideration in resolving musyarakah contract financing disputes. The secondary data of this research was obtained through literature study and analyzed descriptively qualitatively. The results of this study are that the legal rules used by judges are incomplete. Judges who should apply sharia principles do not use DSN Fatwas such as DSN Fatwa No. 08/DSN-MUI/ IV/2000 concerning Musyarakah Financing and DSN Fatwa No. 42/DSN-MUI/VIII/2004 concerning Ta'widh as a consideration. The nominal ta'widh charged to the defendant was also deemed inappropriate due to the absence of evidence of real losses suffered by the plaintiff. The findings of this research are expected to be a consideration, especially for judges in the Religious Courts who handle sharia economic disputes. Judges are expected to explore the legal aspects and sharia principles completely so that the resulting decisions reflect justice, certainty, and expediency while still based on sharia principles.

ANNULMENT OF NATIONAL SHARIA ARBITRATION BODY (BASYARNAS) DECISIONS BY RELIGIOUS COURTS IN SHARIA ECONOMIC DISPUTES Annisa; Mujib, Abdul
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 8 No 2 (2024): Desember
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v8i2.23585

BASYARNAS decision should be final and binding, but it can still be canceled by the Religious Court if it is considered unfair or detrimental to one of the parties. However, in reality, decisions in the Religious Court are also often found to be weak, such as the lack of inclusion of legal basis or consideration of relevant aspects related to the decision. This research method is qualitative with the type of case study that uses a normative legal approach to examine the legal considerations used by the judge in deciding the case. The results showed that the cancellation of the BASYARNAS decision was granted because it was proven that there was deception by the Respondents against the Peace Deed, the determination of interest and fines which were considered unfounded. However, the legal basis used by the judge is still incomplete. Moreover, in terms of the lack of good faith in dispute resolution. The legal consequences of this annulment are the elimination of the provisions of the BASYARNAS-MUI JT Peace Decision Number xx/BASYARNAS-xxx/xxxx so that SHM number xxx cannot be executed because lawsuit Number xxxx/Pdt.G/xxxx/PA.xxx is declared lacking parties so it cannot be accepted, and Respondent II must renew the contract based on the clauses in the decision. Keywords: BASYARNAS, Decision Cancellation, Legal Effects.

SHARIA ECONOMIC LAW ANALYSIS ON ZAKAT MANAGEMENT AT BAZNAS BANDAR LAMPUNG CITY Zaharah, Rita; Fauzi, Mohammad Yasir
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 8 No 2 (2024): Desember
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v8i2.23630

This study examines the potential of zakat as an economic instrument that can enhance the welfare of the Muslim community if managed properly according to Sharia principles. In practice, zakat's collection, management, and distribution should comply with religious guidelines to be used productively as a community fund source. However, current zakat management faces challenges, such as the use of conventional banks for zakat collection, distribution that is more consumption-oriented, and a management process that is not yet effective. This research was conducted at BAZNAS in Bandar Lampung City using a descriptive qualitative approach. The results show that the use of conventional banks by BAZNAS is solely as a zakat collection medium, not as a manager, and is considered compliant with Sharia economic law, referencing Ibn Asyur's maqashid shari'ah, as it provides broad benefits. As an official zakat management institution in Bandar Lampung, BAZNAS strives to manage zakat by government regulations to improve community welfare through distribution models that include consumptive and productive empowerment approaches.

BAHTSUL MASAIL’S CRITICAL REVIEW OF FAKE ORDER ONLINE ON THE DIGITAL SHOPEE LIVE PLATFORM Yuni K, Kusnul Ciptanila; Musfiroh, Anita; Dardiri, Masyhudan; Nur Efendi, Mohamad; Santoso, Lukman
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 8 No 2 (2024): Desember
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v8i2.23937

Selling online through various digital platforms is an alternative business. Many successful people have made huge profits from it. However, fraud, deception, the spread of fake accounts, and counterfeit transactions often occur and harm many people. This research explores the practice of buying and selling with bogus and counterfeit accounts on digital platforms. This research is qualitative research with a case study approach. Bahtsul Masail is the highest forum that discusses actual community problems for which no evidence or legal solution has been found. The answer to this problem was sought and taken from Politikul Mu'tabaroh. This research resulted in the finding that the law of asking buyers for postage in the above cases is not permitted because (1) the postage is not used correctly, instead as an additional income; (2) if the buyer knows this reality, it is inevitable that he will not be willing to pay the postage to the seller. It is not permitted because it is fraud. This study provides clarity on deviant buying and selling practices on digital platforms.

OPTIMIZING SHARIA ECONOMICS PRINCIPLES IN STATE LAW FOR ENHANCED VILLAGE GOVERNANCE: A CASE STUDY OF ALUH-ALUH VILLAGE, BANJAR REGENCY Bahran, Bahran; Sulistyoko, Arie; Hafidzi, Anwar; Nadiyah, Nadiyah
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 8 No 2 (2024): Desember
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v8i2.23941

This study aims to explore how the optimization of the application of Sharia-based State Law can enhance the quality of village governance, with a focus on Aluh-Aluh Village in Banjar Regency. The application of Sharia-based State Law is expected to improve the mechanisms and processes of village governance and integrate Sharia principles into resource management and public services. The research employs a qualitative approach, with data collected through interviews with village officials, observation of activities, and document studies. The findings indicate that the application of Sharia economic principles, such as justice ('adl), transparency (shafafiyah), and social responsibility (mas'uliyah), not only enhances transparency and accountability within village governance but also strengthens community participation in decision-making and resource management. Integrating these principles offers solutions to challenges such as unequal resource distribution, low transparency, and weak accountability. The implications of this research suggest that the implementation of Sharia-based State Law can promote more responsible financial management practices, increase community involvement, and support sustainable development. The integration of Sharia economic principles into village governance provides a model for other villages with similar conditions and can enhance community engagement and public service quality. The study recommends long-term planning and adherence to Sharia principles to improve transparency, accountability, and prosperity at the village level.

SPECIAL CRIMINAL LAW AGAINST SHARIA ECONOMIC CRIMES Darodjat, Rafan; Suwandono, Agus
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 8 No 2 (2024): Desember
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v8i2.24012

The growth of the Islamic economy is reflected in the business lines of the financial sector, halal industry, investment, and Islamic social finance (zakat, waqf, infaq, and sadaqah). Public trust to carry out Islamic economic activities arises because of the Islamic principles upheld and the security of its management. However, Islamic economics has its own appeal because it is labeled according to religious teachings and is not profit-oriented. The state as an organ of power must be able to be present to supervise and carry out coercion if there is a criminal offense. Criminal offenses in Islamic Law are in the realm of Fiqh Jinayah, which regulates the punishment for a crime. The imposition of sanctions in Islam is indeed severe, but the more highlighted preventive efforts. Specific criminal law research on sharia economic crimes with normative juridical types, normative legal research is presented in a description for a comprehensive picture so that it has a major impact on Islamic economics. The results of this study obtained an overview that the impact of the existence of criminal specialization for those who commit crimes against sharia economic activities can give confidence to the public to use Islamic financial services and Islamic social social institutions that channel donor assets. The verdict on sharia economic crimes must be carried out by professionals who understand fiqh and sharia principles, the evidence must be materially clear to fulfill a sense of justice. The punishment given to those who misuse it must be more severe as a preventive effort.

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Location Kota surabaya, Jawa timur INDONESIA

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Contact Name
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Contact Email
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Journal Mail Official
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Location
Kota surabaya,

Jawa timur

INDONESIA