Istidlal: Jurnal Ekonomi dan Hukum Islam
Aim and Scope AIM Istidlal: Jurnal Ekonomi dan Hukum Islam is a peer-reviewed journal providing for educators, lawyer, scholars, and policy makers to address the current topics in the field of ecomonic and Islamic law from many perspective. Istidlal publishes original academic articles that deal with issues of relevance in theory of economy, Islamic law, methodology of Islamic law, budgeting in Islamic society, and practice in Sharia economy. Articles should focus on studies and systematic analysis that employ qualitative, quantitative, plural (mixed-methods), research and development (RnD). SCOPE The scop of Istidlal is wide range of disciplines that provide relevant research for current issues in ecomonic and Islamic law: Islamic business, accounting, banking management, and more. Istidlal welcomes papers in Indonesia, English, and Arabic.
Articles
156 Documents
<![CDATA[Praktik Leasing di Indonesia dalam Tinjauan Hukum Islam ]]>
<![CDATA[Azwarfajri Azwarfajri]]>;
<![CDATA[Ainun Najib]]>
<![CDATA[ Istidlal: Jurnal Ekonomi dan Hukum Islam Vol 5 No 2 (2021) ]]>
Publisher : <![CDATA[Program Pascasarjana Universitas Ibrahimy ]]>
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DOI: 10.35316/istidlal.v5i2.344
<![CDATA[The development of leasing in Indonesia was in line with the development of banking, both bank and non-bank institutions. This development was certainly inseparable from the demands and needs of the community that they cannot fulfil on their own. The emerging financing institutions carry out activities in the form of providing funds or capital goods by not withdrawing funds directly from the public. The existence of leasing as a means for developing investment financing and empowering the community's economy was still considered to have several problems. Although the practice of leasing in Islamic law was equated with the contract of ijarah vomitiyah bi at-tamlik, in practice in Indonesia the process of leasing agreement was considered fasid, because there was an element of ambiguity in the contract agreement as regulated in the provisions of multi-aqad agreements, both conventional and sharia. This research will discuss the practice of financing in the community categorized as leasing under the provisions of applicable law and a review of Islamic law on the implementation of such leasing.]]>
<![CDATA[Eksistensi Obligasi Syariah (Sukuk) Korporasi di Indonesia pada Masa Pandemi ]]>
<![CDATA[Imroatus Sholiha]]>;
<![CDATA[Nani Hanifah]]>
<![CDATA[ Istidlal: Jurnal Ekonomi dan Hukum Islam Vol 5 No 2 (2021) ]]>
Publisher : <![CDATA[Program Pascasarjana Universitas Ibrahimy ]]>
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DOI: 10.35316/istidlal.v5i2.346
<![CDATA[This article explained how the existence of corporate sharia bonds (Sukuk) during the pandemic. Sukuk was one of the instruments owned by Islamic financial institutions, namely the Islamic capital market. The existence of the coronavirus had existed for one year. By using the library research method, and using qualitative descriptive, namely the method by describing and interpreting the existence of Islamic bonds (Sukuk) in the pandemic period qualitatively, namely the description and description in words based on library data, journal articles, OJK and related data. The data collection method used the documentation method then the data was processed so that it completes this article. The results showed that the record was the outstanding value of Sukuk from 2016 to January 2021 had increased from 11.88 trillion to 30.25 trillion. Meanwhile, the number of outstanding Sukuk had experienced a good development from 2016-January 2021, namely from 53 to 161. And the accumulated value of Sukuk issuance had also increased, from 2016-January 2021 from 20.43 trillion to 55.15 trillion. Meanwhile, the accumulated number of Sukuk issuances also increased from 102 to 274.]]>
<![CDATA[Konsep dan Sumber Hukum: Analisis Perbandingan Sistem Hukum Islam dan Sistem Hukum Positif ]]>
<![CDATA[M. Taufiq]]>
<![CDATA[ Istidlal: Jurnal Ekonomi dan Hukum Islam Vol 5 No 2 (2021) ]]>
Publisher : <![CDATA[Program Pascasarjana Universitas Ibrahimy ]]>
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DOI: 10.35316/istidlal.v5i2.348
<![CDATA[The definition of positive law was law in the form of laws that regulate the relationship between humans and humans, or with legal entities, while the understanding of Islamic law was a system of 'obligations' and 'prohibitions' rather than specific laws. Islamic law was broadly defined by rules which were the result of understanding and deduction from the provisions revealed by Allah SWT to the Prophet Muhammad SAW. Therefore, the main sources of Islamic law were the Qur'an and Hadith. source of pure positive law from society. This was due to the retrieval or discovery of positive law using the inductive method. That was by observing the actions and attitudes of community members. From these observations, general regulations that bind the whole community were made. In this article, the author tried to explain further the analysis of the concepts and sources of the two laws, and their comparative analysis]]>
<![CDATA[Praktik Paronan Pemeliharaan Sapi Perspektif Sosiologi Hukum Islam ]]>
<![CDATA[Bintang Ayu Puspita Sari Edi Saputri]]>;
<![CDATA[Siti Nurhayati]]>
<![CDATA[ Istidlal: Jurnal Ekonomi dan Hukum Islam Vol 5 No 2 (2021) ]]>
Publisher : <![CDATA[Program Pascasarjana Universitas Ibrahimy ]]>
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DOI: 10.35316/istidlal.v5i2.349
<![CDATA[There were various ways of raising cattle between capital and calves. There were 4 (four) types of capital sharing between cattle owners and custodians, while the calf paring method consists of 2 (two) types. The transfer of capital (cows) does not mention the amount of capital (cow price). There was no written agreement regarding the agreement in raising cattle, everything was done orally. In addition, there was no time limit in the practice of raising cattle in Purworejo Village and there was no specific benchmark regarding the percentage of Paronan. Second, the sociological perspective of Islamic law on the practice of raising cattle in Purworejo Village, Kandat District, Kediri Regency can be seen from several aspects. There were factors behind the community doing Paronan namely economic factors, educational factors, socio-cultural factors. All agreements were made orally, if there was a written agreement it was considered unreasonable. The function of AGIL (Adaption, Goal Attainment, Integration and Latency) can run properly so that it caused a balance in the social system that occurs in Purworejo Village]]>
<![CDATA[Akad Kerjasama Usaha Wisata Air Perspektif Hukum Islam ]]>
<![CDATA[Ayik Dyahsasena]]>;
<![CDATA[Siti Nurhayati]]>
<![CDATA[ Istidlal: Jurnal Ekonomi dan Hukum Islam Vol 6 No 1 (2022) ]]>
Publisher : <![CDATA[Program Pascasarjana Universitas Ibrahimy ]]>
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DOI: 10.35316/istidlal.v6i1.368
<![CDATA[Humans as social beings mean that humans cannot be separated from other people to fulfill all their needs. That cooperation between humans was needed to carry out life. One form of cooperation carried out at Gronjong Wariti Water Tourism, Mejono Village, Plemahan District, Kediri Regency was investment cooperation. The cooperation agreement in this tourism business was carried out in two ways, namely an oral contract and a written contract. In the implementation of the two contracts, both orally and in writing, the pillars and conditions of the contract have been fulfilled. The implementation practice that occurred was the implementation of the mudharabah muqayyadah contract and was included in the sahih mudharabah contract. However, the existence of fraud committed by the contracting parties causes the party to sin because in the mudharabah contract the principle of justice really must be realized.]]>
<![CDATA[Zakat dan Keadilan Ekonomi Perspektif Islam, Kapitalisme, dan Sosialisme ]]>
<![CDATA[Ahmad Jalili]]>;
<![CDATA[Hasbi Umar]]>;
<![CDATA[Hermanto Harun]]>
<![CDATA[ Istidlal: Jurnal Ekonomi dan Hukum Islam Vol 6 No 1 (2022) ]]>
Publisher : <![CDATA[Program Pascasarjana Universitas Ibrahimy ]]>
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DOI: 10.35316/istidlal.v6i1.388
<![CDATA[Justice was a benchmark in an economic system. With the implementation of the current economic system, such as the capitalist and socialist economic systems, there were often social injustices in the economy. The measure was a large number of social inequalities between communities that spike in poverty or unemployment in the country. Therefore we need an economic system solution for the welfare of the people, namely an Islamic economic system. One of the solutions presented in the Islamic economic system was zakat. Zakat was one of the commands of the Islamic religion which was considered worship or good deeds that can influence others. Islam places great importance on justice in all matters. Justice must be served to everyone. Islam also regulates justice in the economic field. This study reveals justice that was highly emphasized that Islam was justice in the distribution of assets, one of which was zakat.]]>
<![CDATA[Praktik Affiliate Marketing pada Platform E-commerce dalam Tinjauan Hukum Ekonomi Syariah ]]>
<![CDATA[Fathur Rahman]]>
<![CDATA[ Istidlal: Jurnal Ekonomi dan Hukum Islam Vol 6 No 1 (2022) ]]>
Publisher : <![CDATA[Program Pascasarjana Universitas Ibrahimy ]]>
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DOI: 10.35316/istidlal.v6i1.407
<![CDATA[Marketing that was traditionally (face to face) had changed to online marketing or through technological aids. The change in the marketing model was affiliate marketing. This affiliation practice in Indonesia was currently mostly carried out by online Marketplace. One of the Online Marketplaces that used the affiliate model was Shopee.co.id. when the modern transactions had developed and varied. It was necessary to maintain Islamic values so that they were still applied, so it was considered necessary to examine affiliate marketing practices from the perspective of Islamic law. Normative legal research, library research or document study is the research that focuses on written law. The practice of affiliate marketing cooperation carried out by Shopee with affiliate participants was permissible with several conditions in the principles of Islamic economic law. The commission practice carried out by Shopee and affiliate participants in Islam was identical to the samsarah and wakalah bil ujroh contracts.]]>
<![CDATA[Studi Komparatif terhadap Undang-Undang No. 52 Tahun 2009 dan Hukum Islam tentang Program Keluarga Berencana di Indonesia ]]>
<![CDATA[Imam Syafi’i]]>;
<![CDATA[Muhammad Ihwan]]>
<![CDATA[ Istidlal: Jurnal Ekonomi dan Hukum Islam Vol 6 No 1 (2022) ]]>
Publisher : <![CDATA[Program Pascasarjana Universitas Ibrahimy ]]>
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DOI: 10.35316/istidlal.v6i1.412
<![CDATA[Law of the Republic of Indonesia No. 52 of 2009 concerning Population Development and Family Development. The movement for controlling and limiting offspring (tahdid al-Nasl) set by the government had become problematic in Islam. The problem is how the practice of family planning in the Law of the Republic of Indonesia no. 52 of 2009 concerning Population Development and Family Development. Then what was the Islamic view on it concerning Population Development and Family Development? After conducting a data study, data exposure, and discussion through existing research methodologies. Population Development and Family Development was an effort to regulate, birth spacing or temporary pregnancy prevention efforts with the agreement of husband and wife due to certain situations and conditions for the benefit of the family, society, and the state. Based on the principles set out in Islam, the program was considered to follow the limits set out in Islam.]]>
<![CDATA[Bisnis Susu Sapi Perah Perspektif Hukum Ekonomi Syariah di Kabupaten Banyuwangi ]]>
<![CDATA[Moh. Khafiluddin]]>
<![CDATA[ Istidlal: Jurnal Ekonomi dan Hukum Islam Vol 6 No 1 (2022) ]]>
Publisher : <![CDATA[Program Pascasarjana Universitas Ibrahimy ]]>
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DOI: 10.35316/istidlal.v6i1.413
<![CDATA[The Ijen Makmur Dairy Farming Group was a group that was founded in July 2014 so it was fairly new in Tamansari Village. The type of research used in this research was descriptive qualitative research, while the data sources were obtained through observation, interviews, and documentation. The data were analyzed descriptively through reduction, display and verification (conclusion). The collaboration of the Ijen Dairy Cattle Breeders Group was a type of syirkah al-inan, because each member of the group contributes capital and works with agreed wages or profit-sharing. Meanwhile, in terms of distribution of dairy cow's milk, the Ijen Makmur Dairy Farmers Group had two types of market share, namely the fixed market and the local or non-fixed market. The income from milk production that had been deposited by the farmers to the company was distributed equally or calculated equally among members after previously deducting operational costs.]]>
<![CDATA[Kesesuaian Penerapan Prinsip-prinsip Perjanjian Akad Mudharabah Perspektif Hukum Islam ]]>
<![CDATA[Muhammad Rosyid]]>
<![CDATA[ Istidlal: Jurnal Ekonomi dan Hukum Islam Vol 6 No 1 (2022) ]]>
Publisher : <![CDATA[Program Pascasarjana Universitas Ibrahimy ]]>
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DOI: 10.35316/istidlal.v6i1.414
<![CDATA[This study determined to found the principles of the mudharabah muqayyadah contract agreement in the Islamic Financial Services Cooperative were following Islamic law or not? This study used a combined doctrinal (normative) and empirical (non-doctrinal) approach, interviews, observations and literature studies used to collect data. It was found that the values contained in the principles of the mudharabah contract agreement in the mudharabah financing product were in accordance with Islamic law based on (al-mabadi al-ammanah) a justice (al-Adalah), equality (al-Musawah), deliberation (al-Syura), mutual assistance (al-Ta'awun) and tolerance (at-Tasamuh). The factors that lead to breaking promises in mudharabah contracts were due to inadequate human resources, management of Islamic financial institutions, information systems and technology, and immorality in financing activities. The solution was to master the technical aspects, the philosophical law of Islamic economics and Islamic economic law. If there was a violation of the agreement, it would be resolved by a peace system (sulhu) then arbitration (tahkim) and by a judicial process (al-qadha).]]>
