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<![CDATA[KEBIJAKAN HUKUM EKONOMI DALAM MERESPON PERKEMBANGAN LEMBAGA KEUANGAN MIKRO (MICRO FINANCE INSTITUTION) ]]>
<![CDATA[Suyikno .]]>
<![CDATA[ Maliyah : Jurnal Hukum Bisnis Islam Vol. 3 No. 1 (2013): Juni 2013 ]]>
Publisher : <![CDATA[Islamic Economic Law Programs, Faculty of Sharia and Law State Islamic University (UIN) of Sunan Ampel Surabaya. ]]>
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DOI: 10.15642/maliyah.2013.3.1.%p
<![CDATA[Microfinance institutions (MFIs) has become an effective means to develop the economy and empower the people of the little people. The existence of MFIs is intended to meet the needs of capital and other financial services needs. It is therefore important to consider ways to encourage MFIs to develop better, especially in the context of economic empowerment and strengthening of the people's business. One of the serious problems encountered in economic development in Indonesia is practicing legal framework of economic policy in the development of economic policies. During this time, the issue is not important given the economic governance practices since independence has been running with the current logic of economic development that evolved on the basis of field experience or empirical theories and success stories in other countries are deemed worthy example. Hard to imagine that the constitution should diajdikan substantive reference in any official policy in the process of economic development. MFIs have grown long before the Republic was established. Especially the informal MFIs, grew roots with the development community. Since the days before independence, MFIs become an alternative for low-income group in meeting their funding needs. At that time, the MFI grows and develops in accordance with the variations required by society at that time without any intervention from the Government.]]>
<![CDATA[PEMIKIRAN ULAMA HANAFIYAH TENTANG PEMANFAATAN BARANG GADAI ]]>
<![CDATA[Mahmudi .]]>
<![CDATA[ Maliyah : Jurnal Hukum Bisnis Islam Vol. 3 No. 1 (2013): Juni 2013 ]]>
Publisher : <![CDATA[Islamic Economic Law Programs, Faculty of Sharia and Law State Islamic University (UIN) of Sunan Ampel Surabaya. ]]>
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DOI: 10.15642/maliyah.2013.3.1.%p
<![CDATA[Basically, this mortgage is done because of the urgent need for all so difficult when lending to others without giving credence goods as a collateral loan. According to scholars Hana>fiyah recipient lawful liens not take any benefit from pawning goods in any way, although there is consent of the owner, since such means as to permit usury, because the debt will be given full pay, then that means the excess benefit. So because of these advantages there are usury laws. And Ulama Hana>fiyah stated that lien is considered perfect if the goods are pawned it was legally pawn in the hands of the receiver, and the money needed has been received by the pledgor. Lien perfection by scholars Hana>fiyah referred to as al-qabd} al-marhu>n the collateral held by law, if the guarantee had been controlled by creditors then rahn contract that binds both parties]]>
<![CDATA[PEMIKIRAN MAHMUD SHALTUT TENTANG HUKUM OBLIGASI ]]>
<![CDATA[Aqidatul Qomariyah]]>
<![CDATA[ Maliyah : Jurnal Hukum Bisnis Islam Vol. 3 No. 1 (2013): Juni 2013 ]]>
Publisher : <![CDATA[Islamic Economic Law Programs, Faculty of Sharia and Law State Islamic University (UIN) of Sunan Ampel Surabaya. ]]>
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DOI: 10.15642/maliyah.2013.3.1.%p
<![CDATA[Bonds are debt instruments conditional agreement that all such bonds should be described in the prospectus. In Islam debts agreement required to be stated in a letter of agreement but prohibited reduce debt or any additional terms of the agreement the debts. Mahmud Shaltut allow bond in urgent situations to meet a need. Where there is no other way to meet a need that, but just by holding bonds. Because if not in urgent situations, it may not hold government bonds. Nevertheless, Mahmud Shaltut provide requirements, that to estimate the urgent need to the degree of emergency and maslahah, should be in consideration legal experts, economists, and experts in the shari'ah 'at. The legal basis used by Mahmud Shaltut in digging permissibility Bonds with an approach al-hajah, al-darurat and al-maslahah.]]>
<![CDATA[MURABAHAH, ANTARA TEORI DAN PRAKTEK ]]>
<![CDATA[Muh. Sholihuddin]]>
<![CDATA[ Maliyah : Jurnal Hukum Bisnis Islam Vol. 3 No. 1 (2013): Juni 2013 ]]>
Publisher : <![CDATA[Islamic Economic Law Programs, Faculty of Sharia and Law State Islamic University (UIN) of Sunan Ampel Surabaya. ]]>
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DOI: 10.15642/maliyah.2013.3.1.%p
<![CDATA[Islamic bankers assume that an Islamic bank is a bank that is free from riba. Furthermore, conventional banks as the bank alleges that does not comply with the principles of Islamic prisnip. This naturally raises the question, what is like that. Some scientists doubt munslim statement. In fact, there is a presumption of Islamic banks is just trickery to gain profit. Also some say Islamic banking and conventional banking is not just twins, but are conjoined twins. One contract that much attention is murabahah. Akad murabahah is a superior product in Islamic banks as a clear advantage and the risk of loss can be minimized. According to the study, 60-70% of the amount of financing extended by Islamic banks (both Islamic banks and BMT). Of course, this is reasonable since the establishment of Islamic banks, as conventional banks are profit-oriented. However, Islamic banks do not practice it much different from conventional banks, both do not want to lose. Because profit is determined by Islamic banks, where customers can not haggle Profit must be obtained. This ultimately hurt the principle of voluntarism and mutual fairness in the contract. If it is lost, then the contract does is batil and zalim.]]>
<![CDATA[APLIKASI KAFALAH DI BANK SYARIAH MANDIRI CABANG SURABAYA ]]>
<![CDATA[Agus Slamet Seroji]]>
<![CDATA[ Maliyah : Jurnal Hukum Bisnis Islam Vol. 3 No. 1 (2013): Juni 2013 ]]>
Publisher : <![CDATA[Islamic Economic Law Programs, Faculty of Sharia and Law State Islamic University (UIN) of Sunan Ampel Surabaya. ]]>
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DOI: 10.15642/maliyah.2013.3.1.%p
<![CDATA[The majority of Islamic banking products, it is actually a blend of conventional banking practices with the basic principles of economic transactions Isla>m. However, with his eloquence, Islamic banking products to be very extensive and complete than conventional products, one product is Shari'ah banking services kafa>lah (bank guarantee). Application warranty services at Bank Syariah Mandiri Surabaya branch using contract kafa>lah wadi'ah was included in the financing and banking as the same as the level of risk financing and for-profit alike. Basically the bank guarantee is allowed in Isla> m, while the contract is used in accordance with the operation performed, the application of which occurred in Bank Syariah Mandiri make contract kafa>lah and wadi'ah was and is an agreement in principle tabarru '(goodness) converted into contract tijarah (business) by placing kafa>lah was to find and take advantage of wages that exceed the mere replacement of the administrative costs. In accordance with the agreement of the scholars that it should not change the contract because a contract tabarru tijarah (business).]]>
<![CDATA[PENDAPAT PARA FUQAHA’ TENTANG ZAKAT OBLIGASI DALAM KITAB HUKUM ZAKAT KARYA YUSUF QARDAWI ]]>
<![CDATA[Amir Suud]]>
<![CDATA[ Maliyah : Jurnal Hukum Bisnis Islam Vol. 3 No. 1 (2013): Juni 2013 ]]>
Publisher : <![CDATA[Islamic Economic Law Programs, Faculty of Sharia and Law State Islamic University (UIN) of Sunan Ampel Surabaya. ]]>
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DOI: 10.15642/maliyah.2013.3.1.%p
<![CDATA[This article is the result of the research literature (library reseach) to answer the question of how the opinions of the jurists 'about the tithe bonds in the book of the law of charity work of Yu>suf Qard}awi> and how Islamic legal review of the opinion of the jurists' about the tithe bonds in the book works of charity law Yu>suf Qard}awi>. The results concluded that the opinions of the jurists' law of charity work in the book Yu>suf Qard}awi> there are two opinions. The first opinion expressed by Sheikh Abd al-Rah}ma>n 'Isa> which holds that zakat is required if the bonds are bonds issued by companies engaged in trading, if the company is a pure industry then no zakat obligation. Second opinions expressed by Abu> Zahra, Abd al-Rah}ma>n H}asan, Abd al-Waha>b Khalaf who stated, that in accordance with the type of company bonds, which resulted in the company's bonds is different from other types of corporate bonds, but look at the bonds and gave him one of the types of laws anyway without seeing what the issuing company. In line with the above conclusion that a second opinion seems to be better than the first opinion in terms of the people (bondholders). Because basically every bondholder can find out how the value of its bonds and profit earned every year, and can easily pull out zakat.]]>
<![CDATA[PENYELESAIAN HUTANG YANG DIALIHKAN SECARA TAKE OVER DENGAN AKAD MUSHARAKAH DI BRI SYARIAH KCP DIPONEGORO SURABAYA ]]>
<![CDATA[Uswatun Chasanah]]>
<![CDATA[ Maliyah : Jurnal Hukum Bisnis Islam Vol. 3 No. 2 (2013): Desember 2013 ]]>
Publisher : <![CDATA[Islamic Economic Law Programs, Faculty of Sharia and Law State Islamic University (UIN) of Sunan Ampel Surabaya. ]]>
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DOI: 10.15642/maliyah.2013.3.2.%p
<![CDATA[Basically, the pattern of relationships built between the customer and the bank is symbiosis mutualism, which is mutually beneficial relationship, where the bank according to function the collecting and distributing public funds to improve the lives of many people, especially the Islamic Banking not only prioritize mutually beneficial transaction, but more than that, pengoprasionalan Islamic Bank can not escape the principle of helping others, especially the settlement of debts. Debt settlement is transferred to take over the contract musha>rakah is the removal of the rest of the debt held by customers of Financial Institutions Shari’ah or Islamic Financial Institutions to other Islamic Bank with contract qard}, next to Bank Syariah customer debt settled with agreement musha>rakah , in which each party contributes funds (or charitable/expertise) with the agreement that the benefits and risks will be shared in accordance with the agreements. According to Islamic law, debt settlement is transferred to take over the contract musha>rakah in BRI Syariah KCP Diponegoro Surabaya does not conflict with Islamic law because the parties have been implementing harmonious and terms and conditions are in accordance with Islamic law, so that such transactions are allowed in Islam.]]>
<![CDATA[PENGELOLAAN DAN PEMBERIAN SANTUNAN DUKA ]]>
<![CDATA[Asrifah .]]>
<![CDATA[ Maliyah : Jurnal Hukum Bisnis Islam Vol. 3 No. 2 (2013): Desember 2013 ]]>
Publisher : <![CDATA[Islamic Economic Law Programs, Faculty of Sharia and Law State Islamic University (UIN) of Sunan Ampel Surabaya. ]]>
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DOI: 10.15642/maliyah.2013.3.2.%p
<![CDATA[Insurance is a group initially formed a social gathering that aims to ease the financial burden of individuals and fund financing difficulties. In the course of B'life Wadi>'ah Wise participants can choose their own future financial planning between annual, semiannual, quarterly and monthly with a very attractive profit. Also in B'life Wadi>'ah Wise also provide compensations funds for participants or clients of the unfortunate death. This means that if the insurance period, participants (customers) of the unfortunate death, the beneficiary will receive compensations. In the course of BNI Life Insurance products issued B'life Wadi>'ah Wise gives compensations funds to participants of the unfortunate death even though premiums or funds provided but not enough larger compensations received, then the company is obliged to bail. In Islamic law granting compensations that are allowed, but giving compensations available at BNI insurance is life insurance in which there is an element of garar. Were not in accordance with the guiding principle of shari'ah> 'ah as in terms of invested funds compensations given greater of premiums or contributions.]]>
<![CDATA[KERJASAMA TERNAK KAMBING PERSPEKTIF AKAD MUDARABAH DI DESA BEBEKAN SELATAN TAMAN SEPANJANG SIDOARJO ]]>
<![CDATA[M. Muchlisin]]>
<![CDATA[ Maliyah : Jurnal Hukum Bisnis Islam Vol. 3 No. 2 (2013): Desember 2013 ]]>
Publisher : <![CDATA[Islamic Economic Law Programs, Faculty of Sharia and Law State Islamic University (UIN) of Sunan Ampel Surabaya. ]]>
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DOI: 10.15642/maliyah.2013.3.2.%p
<![CDATA[In the village of South Bebekan Throughout the park there are several activities Sidoarjo cooperation goats, made by the investors who provide capital in the form of money to the manager of the goats, while the manager is obliged to raise goats as well as possible, with forms of collaboration that has been agreed upon. Practice cooperation goats in the village of Sidoarjo Bebekan The Park South is a form of business cooperation between investors and goat livestock managers with profit sharing agreement with the parent who gave birth to a goat kid (andum bati or anvil) and profit sharing in the form of two young goats born (andum child), then owned by the management in the form of child benefit goats (kids andum) divided by the financier, became (andum bati). Contract analysis results of mud{a>rabah towards cooperation goats in the village of Sidoarjo Throughout Bebekan Park South, the practice of co-operation in the village Bebekan invalid because it does not fulfill the contract in harmony in mud{a>rabah, namely, lack of clarity in the division of profits, the manager impaired due to the profits subdivided property manager with the financiers.]]>
<![CDATA[PEMBERIAN UANG PESANGON MENURUT HUKUM ISLAM ]]>
<![CDATA[Syaiful Achyar]]>
<![CDATA[ Maliyah : Jurnal Hukum Bisnis Islam Vol. 3 No. 2 (2013): Desember 2013 ]]>
Publisher : <![CDATA[Islamic Economic Law Programs, Faculty of Sharia and Law State Islamic University (UIN) of Sunan Ampel Surabaya. ]]>
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DOI: 10.15642/maliyah.2013.3.2.%p
<![CDATA[Employment occurs after the employment agreement between workers and employers, which is an agreement in which the first party, workers, bind themselves to work for a wage on the other side, employers, which binds itself to employ workers with wages and severance pay in the event of layoffs. Severance pay provided by PT Mitra Saruta Indonesia to employees is the compensation to be paid by the company in the event of layoffs of workers. Severance can also be interpreted as a consequence or moral responsibility of the company, to ensure the survival of its employees for a certain period, after the layoffs. And Islam commands to mankind to help one another in terms of goodness and forbid mutual help in terms of ugliness. Islam also confirms an employer should be responsible for their workers. And it is the duty an employer to grant an employee before the worker dry sweat. And Islam also ordered a person who does the work agreement should fulfill the agreement and apply straight.]]>
