Mu'amalat: Jurnal Kajian Hukum Ekonomi Syariah
Muamalat: Journal of Sharia Economic Law (ISSN: 2088-0537 e-ISSN: 2686-5262) is a scientific journal, peer review and open access published by the Sharia Economic Law Study Program, Faculty of Sharia, Universitas Islam Negeri Mataram. This journal aims to be an open-access journal platform that publishes and disseminates ideas and research on Sharia Economic Laws such as, Contracts in Islamic Business Transactions, Islamic Business Ethics, Sharia Economic Thoughts, Economic Institutions and forbidden halal economic transactions based on Sharia Economic Law.
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122 Documents
<![CDATA[GAYA HIDUP MASYARAKAT DAN MINAT BELI PAKAIAN BEKAS (THRIFT) DALAM PERSPEKTIF EKONOMI ISLAM ]]>
<![CDATA[Nabilla Dara Kartika]]>;
<![CDATA[Romi Adetio Setiawan]]>;
<![CDATA[Padlim Hanif]]>
<![CDATA[ Mu'amalat: Jurnal Kajian Hukum Ekonomi Syariah Vol. 16 No. 2 (2024): Desember ]]>
Publisher : <![CDATA[Universitas Islam Negeri Mataram ]]>
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DOI: 10.20414/mu.v16i2.8405
<![CDATA[This research investigates the evolving lifestyle trends that have influenced consumer preferences for secondhand clothing, commonly known as “thrift.” The study aims to comprehend how lifestyle choices and costumer interests contribute to the practice of thrifting within the community, while also exploring the Islamic economic perspective on these lifestyle choices and consumer interests related to secondhand clothing utilization (thrift). Employing a qualitative research approach, the study focuses on observasing and analyzing thrifting activities at the Panorama Market in Bengkulu city as its research context. The findings reveal that lifestyle plays a pivotal role in shaping consumer interest in secondhand clothing, with community lifestyle choices exerting a positive influences on this interest. Primary factors driving this interest include affordability considerations, the reliability of product quality, alignment with fashion trends, social influence from the thrifting, community, and positive purchasing experiences. Furthermore, the Islamic economic perspetive offers valuable insights and guidance in understanding this phenomenon.]]>
<![CDATA[TANTANGAN AKAD KAFALAH SEBAGAI INSTRUMEN PENJAMINAN KREDIT SYARIAH ]]>
<![CDATA[Reza Mutawakkil Alalloh]]>;
<![CDATA[Imron Mustofa]]>
<![CDATA[ Mu'amalat: Jurnal Kajian Hukum Ekonomi Syariah Vol. 16 No. 2 (2024): Desember ]]>
Publisher : <![CDATA[Universitas Islam Negeri Mataram ]]>
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DOI: 10.20414/mu.v16i2.11582
<![CDATA[This research aims to analyze the effectiveness of the kaf?lah contract as a credit guarantee instrument in sharia financial institutions in Indonesia, as well as identifying the challenges faced in its implementation. The method used is a qualitative approach with library research techniques, where researchers collect and analyze various relevant literature sources, including books, journal articles and related legal documents. The research results show that the kaf?lah contract functions as a solution for customers who do not have conventional collateral, by emphasizing the principles of mutual assistance and collective responsibility in accordance with sharia values. Other than that, this agreement could improve financial inclusion, particularly for MSMEs, which frequently face barriers to loan availability. Implementing the kaf?lah contract is still hampered by issues like the general public's poor comprehension of it and the requirement for stricter and more precise laws. In order for kaf?lah contracts to assist sharia economic growth in Indonesia, comprehensive research and efforts are required to improve knowledge and preparedness of sharia financial institutions. It is intended that this study would further the theory and application of credit guarantees in Islamic financial institutions and offer suggestions for further advancements.]]>
<![CDATA[IMPLEMENTATION OF AS-SULUH AS AN ALTERNATIVE SHARIA BUSINESS DISPUTE RESOLUTION IN INDONESIAN LEGISLATION ]]>
<![CDATA[M. Arif Al Kausari]]>;
<![CDATA[Jaya Miharja]]>
<![CDATA[ Mu'amalat: Jurnal Kajian Hukum Ekonomi Syariah Vol. 16 No. 2 (2024): Desember ]]>
Publisher : <![CDATA[Universitas Islam Negeri Mataram ]]>
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DOI: 10.20414/mu.v16i2.11725
<![CDATA[This research aims to explain the application of the as-sulh concept contained in the study of Islamic law in the form of sharia business dispute resolution in accordance with the context of existing laws and regulations in Indonesia. The research method used in this research is normative-descriptive with a statute approach. The findings of this research are that the as-sulh principle emphasizes the principle of peace carried out in a wider scope, both in terms of politics, family and business relations. Meanwhile, in the legal system in Indonesia, the concept of as-sulh is known in the form of alternative dispute resolution (ADR) in the form of consultation, negotiation, mediation, reconciliation and expert opinion with characteristics that are different from each other.]]>
<![CDATA[BISNIS KOMODITAS TERLARANG DALAM PERSPEKTIF ETIKA BISNIS HUKUM EKONOMI SYARIAH ]]>
<![CDATA[Putri Tri Cahyani]]>;
<![CDATA[Syahrul Anwar]]>;
<![CDATA[Dede Kania]]>
<![CDATA[ Mu'amalat: Jurnal Kajian Hukum Ekonomi Syariah Vol. 16 No. 2 (2024): Desember ]]>
Publisher : <![CDATA[Universitas Islam Negeri Mataram ]]>
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DOI: 10.20414/mu.v16i2.11757
<![CDATA[The rapid growth of the business world brings significant challenges in terms of legality and morality, particularly regarding the trade of prohibited commodities. Although such businesses are considered illegal in many countries, their circulation continues to expand. The trade in prohibited commodities, such as drugs, alcoholic beverages, and other forbidden products, not only violates national laws but also contradicts the principles of Sharia economic law. This study aims to examine how Sharia economic law views the trade of prohibited commodities from an ethical perspective and how Islamic norms can uphold moral principles and justice in global trade. The research employs a qualitative method with an in-depth literature review approach, drawing on various references related to commodity trade and Sharia economic law. The findings indicate that Sharia economic law emphasizes the importance of justice, welfare, and the prohibition of harmful practices such as usury (riba), uncertainty (gharar), and gambling (maysir). Any form of trade containing elements of harm (mafsadat) to society is prohibited in Islam. In conclusion, the Sharia economic law approach offers a strong ethical foundation to prevent the circulation of prohibited commodities and encourages the establishment of a more just and moral economic system.]]>
<![CDATA[TINJAUAN HUKUM EKONOMI SYARIAH TERHADAP SEWA MENYEWA TANAH SECARA BERUNTUN DI DESA TAMAN SARI KECAMATAN GUNUNG SARI KABUPATEN LOMBOK BARAT ]]>
<![CDATA[Muhammad Firman Hidayat]]>;
<![CDATA[Muhammad Nor]]>
<![CDATA[ Mu'amalat: Jurnal Kajian Hukum Ekonomi Syariah Vol. 16 No. 2 (2024): Desember ]]>
Publisher : <![CDATA[Universitas Islam Negeri Mataram ]]>
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DOI: 10.20414/mu.v16i2.12459
<![CDATA[This study aims to explain the practice of consecutive land leases in Taman Sari Village, Central Lombok Regency in the perspective of Islamic economic law. The research method used in this study is field research with a qualitative approach. While the research findings, In practice, consecutive land leases carried out by land owners and tenants are carried out directly with an unwritten agreement pattern, but only verbally. In the event that an agreement has been made and mutually agreed upon, the tenant has the right to use the land according to his wishes with a period of time that has been mutually agreed upon. While the principle of ijarah (rent) in Islam. When the lease period ends, the land that has been used will automatically return to the landowner without redemption or payment of the rental fee that has been issued by the tenant being returned. The tenant is also not allowed to re-rent goods that are not his own to other people.]]>
<![CDATA[PRAKTIK JUAL BELI IKAN DAN PROBLEMATIKA PENAKARANNYA DI PASAR SAYANG-SAYANG PERSPEKTIF HUKUM EKONOMI SYARIAH ]]>
<![CDATA[Fitria Hariyanti]]>;
<![CDATA[Muhammad Dimas Hidayatullah Wildan]]>
<![CDATA[ Mu'amalat: Jurnal Kajian Hukum Ekonomi Syariah Vol. 16 No. 2 (2024): Desember ]]>
Publisher : <![CDATA[Universitas Islam Negeri Mataram ]]>
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DOI: 10.20414/mu.v16i2.12460
<![CDATA[This research was motivated by the large number of traders at the Sayang- Sayang market who sell fish but some of them still do not fulfill the terms and conditions of buying and selling. Such as reducing the weight of fish scales so that one party suffers a loss because they are not honest in their buying and selling transactions. The focus studied in this thesis is (1) What are the factors that cause sellers to cheat in fish buying and selling measurements? (2) How does sharia economic law review the practice of buying and selling fish? The type of research used in this research uses qualitative research. The data collection methods used were observation, interviews and documentation. The analytical method used is qualitative analysis in the form of data reduction, data display, and drawing conclusions. The results of the research show (1) The factors that cause traders to cheat in buying and selling fish using a measuring system are lack of knowledge and understanding regarding appropriate scales, lack of socialization from the government, lack of public awareness of the role of religious figures regarding scales that are in accordance with Islamic law. (2) the practice of buying and selling fish using this measuring system partially meets the requirements for legal buying and selling. However, there are also some who have not fulfilled it. One of the buying and selling conditions that has not been fully fulfilled in the practice of buying and selling fish using this measuring system is the lack of clarity in the goods being traded in terms of substance, form and level.]]>
<![CDATA[ANALISIS HUKUM PENGELOLAAN WAKAF UANG DI INDONESIA (KESENJANGAN REGULASI, DIGITALISASI, DAN URGENSI REFORMASI KELEMBAGAAN) ]]>
<![CDATA[Suarjana Suarjana]]>
<![CDATA[ Mu'amalat: Jurnal Kajian Hukum Ekonomi Syariah Vol. 18 No. 1 (2026): Juni ]]>
Publisher : <![CDATA[Universitas Islam Negeri Mataram ]]>
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DOI: 10.20414/mu.v18i1.15851
<![CDATA[This research is motivated by the problematic implementation of cash waqf management in Indonesia, which has not been optimal despite its significant potential as an instrument for community economic empowerment. Cash waqf has grown from Rp61.2 billion in 2019 to Rp571.8 billion in 2024, yet this remains far below the estimated annual potential of Rp180 trillion. This study analyzes the legal framework governing cash waqf management in Indonesia, identifies institutional and regulatory problems, and proposes normative solutions. The research examines the gap between regulatory mandates requiring cash waqf to be channeled through Islamic Financial Institutions-Cash Waqf Recipients (LKS-PWU) and community practice that directly entrusts funds to nazhir institutions. The legal framework established through Law No. 41/2004, Government Regulation No. 42/2006, BWI Regulation No. 1/2020, and PMA No. 14/2025 has provided foundational legitimacy and procedural guidance. However, significant legal vacuums remain: first, Article 17's physical presence requirement renders electronic waqf contracts legally uncertain; second, no dedicated consumer protection exists for waqif funds on non-bank fintech platforms; and third, absent interoperability standards between national payment infrastructure and digital waqf platforms impede oversight. The research method used was a normative juridical approach with qualitative analysis of legal documents and scholarly literature published 2021–2025. The results indicate that cash waqf management faces three primary legal problems: (1) regulatory mismatch between physical presence requirements and digital transactions; (2) suboptimal institutional performance of LKS-PWU and nazhir institutions; and (3) absence of comprehensive technical regulations for innovative instruments. Grounded in maqasid al-shari'ah, closing these vacuums constitutes a substantive Islamic obligation rooted in hifzh al-mal and maslahah. This study recommends an integrative approach between positive law and Sharia principles through regulatory reform and institutional capacity building.]]>
<![CDATA[PENGARUH PRODUK BANK SYARIAH TERHADAP MINAT MENABUNG DENGAN PERSEPSI MASYARAKAT SEBAGAI VARIABEL MODERATING DI POLEWALI MANDAR ]]>
<![CDATA[Muh.Irwan.T]]>
<![CDATA[ Mu'amalat: Jurnal Kajian Hukum Ekonomi Syariah Vol. 18 No. 1 (2026): Juni ]]>
Publisher : <![CDATA[Universitas Islam Negeri Mataram ]]>
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DOI: 10.20414/mu.v18i1.9909
<![CDATA[This study aims to examine the impact of Sharia banking products specifically within the Polewali City district on the public's interest in saving, using public perception as a moderating variable. A descriptive quantitative research method was employed, with a population consisting of Bank Syariah Indonesia (BSI) customers in the Polewali Mandar district. The sample comprised 100 respondents individuals conducting transactions at Sharia commercial banks selected using the quota sampling technique. Data analysis was conducted using Moderating Regression Analysis (MRA). The findings indicate that Sharia banking products offered by these financial institutions in the Polewali district have an impact on the community, demonstrating that the products (specifically savings accounts) provide tangible benefits to customers and the public. Furthermore, public perception serves as a moderating variable, as Sharia commercial banks are able to educate the public that their products are free from riba (usury).]]>
<![CDATA[ANALISIS FATWA DSN-MUI NOMOR 143/DSN-MUI/VIII/2021 TENTANG PEMBIAYAAN PERSONAL (AT-TAMWIL ASY-SYAKHSHI/PERSONAL FINANCING) ]]>
<![CDATA[Adhiningdyah Mulyani Taufiqs]]>;
<![CDATA[Mahmud]]>;
<![CDATA[Sabrina Nur Baiti]]>;
<![CDATA[Muh. Nashirudin]]>
<![CDATA[ Mu'amalat: Jurnal Kajian Hukum Ekonomi Syariah Vol. 17 No. 2 (2025): Desember ]]>
Publisher : <![CDATA[Universitas Islam Negeri Mataram ]]>
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DOI: 10.20414/mu.v17i2.14400
<![CDATA[This literature-based study assesses the legal design, practical effects, and limiting factors concerning the enactment of DSN-MUI Regulation No. 143/2021 on Individual Funding (at-Tamwil Asy-Syakhshi) within the Indonesian Sharia finance landscape. The Regulation is a vital legal directive that validates the provision of quick private funds via the social Qardh contract or sales arrangements (Murabahah, etc.), while simultaneously maintaining religious adherence by prohibiting behaviors leading to ethical hazards. Findings point to a significant gap in practice; the commercial agreement Murabahah predominates (reaching 44%), considerably surpassing Qardh. This is driven by institutional profit motives, LKS's view of Qardh as high-risk, and prudential compliance rules. Murabahah faces issues related to ownership rights violation, whereas Qardh suffers from limited internal funds and insufficient state fiscal backing to absorb social liabilities, contrasting sharply with globally successful state-backed models like Saudi Arabia's Social Development Bank. Effective adoption necessitates robust institutional cooperation: LKS must transition Qardh risk oversight to a communal foundation, and BMTs are advised to implement a Compulsory Cross-Subsidy Framework to finance Qardh independently, establishing it as a rapid, ethical alternative to usurious lenders.]]>
<![CDATA[ANALISIS PENGGUNAAN LABEL HALAL TANPA SERTIFIKASI BPJPH PADA PRODUK MAKAN INDUSTRI RUMAHAN DI DESA DASAN TERENG KABUPATEN LOMBOK BARAT PERSPEKTIF HUKUM EKONOMI SYARIAH ]]>
<![CDATA[Nurhidayani]]>;
<![CDATA[Fariz Al-Hasni]]>
<![CDATA[ Mu'amalat: Jurnal Kajian Hukum Ekonomi Syariah Vol. 17 No. 2 (2025): Desember ]]>
Publisher : <![CDATA[Universitas Islam Negeri Mataram ]]>
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DOI: 10.20414/mu.v17i2.14465
<![CDATA[This study stems from the phenomenon of many businesses in Dasan Tereng Village labeling their products as halal without going through the official certification process. In fact, halal labels can only be used after businesses register their products with the National Halal Product Guarantee Agency (BPJPH) by going through an audit and halal fatwa determination, as stipulated in Law Number 33 of 2014 concerning Halal Product Guarantee. This study aims to examine the factors behind the use of halal labels prior to certification and analyze them from a sharia economic law perspective. The research method used is descriptive qualitative with data collection techniques through observation, interviews, and documentation, as well as data analysis through reduction, presentation, and conclusion drawing. The results of the study indicate that the use of halal labels without certification is influenced by a lack of understanding among business actors, the assumption that the certification process is complicated and time-consuming, and low enthusiasm for halal labeling. In addition, Surah al-Baqarah verse 282 of the Qur'an, which emphasizes the importance of recording as a form of proof, can be used as a normative basis for requiring halal certification.]]>
