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Moh. Faizur Rohman
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Prodi Hukum Ekonomi Syariah (Muamalah) Fakultas Syari'ah dan Hukum UIN Sunan Ampel Surabaya, Jl. Ahmad Yani 117 Surabaya, Jawa Timur 60237
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Maliyah : Jurnal Hukum Bisnis Islam
Published by Universitas Islam Negeri Sunan Ampel
ISSN : 20884869     EISSN : 25974351     DOI : https://doi.org/10.15642/maliyah.2021.11.2
Core Subject : Religion, Economy, Social,
Religion Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences
Kajian-kajian Hukum Ekonomi dan Bisnis Islam, baik berupa artikel konsepsional ataupun hasil penelitian.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
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Search results for , issue "Vol. 10 No. 2 (2020): Desember 2020" : 6 Documents clear
Penggunaan Jaminan KSK dan Akta Nikah pada Pembiayaan Murabahah Bi al-Wakalah Perspektif Mashlahah al-Mursalah Moh. Hamdan Hizbayni Hizbayni
Maliyah : Jurnal Hukum Bisnis Islam Vol. 10 No. 2 (2020): Desember 2020
Publisher : Islamic Economic Law Programs, Faculty of Sharia and Law State Islamic University (UIN) of Sunan Ampel Surabaya.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/maliyah.2020.10.2.288-310

Abstract

This is a field research that aims to answer how the practice of using KSK guarantees and marriage contracts in murabahah al-mursalah financing and how to analyze mashlahah al-mursalah on the practice of using these guarantees. In practice at BMT Amana Madina, murabahah financing is equipped with a wakalah contract, in which the BMT represents the customer to make the purchase of the goods themselves and then the contract is carried out with the determination of the cost of purchase and profit margin in accordance with BMT policies accompanied by the use of collateral as a bond of trust between customers and financial institutions in the form of KSK marriage certificates. The aim are embracing customers and increasing economic equity in the middle to the lower economic community with a financing value of IDR 300,000 to IDR 1,500,000. The implementation of murabahah al-wakalah financing at BMT Amana Madina is in accordance with Islamic law because it has fulfilled the requirements contained in the murabahah and wakalah contracts. Regarding the use of KSK guarantees and marriage certificates in the financing, it is included in the muamalah field which does not have arguments that justify or prohibit it, but has many benefits, both for customers and BMT Amanah Madina. The benefits have met the requirements in the use of mashlahah al-mursalah. So that, the use of KSK guarantees and marriage certificates is included in the scope of mashlahah al-mursalah.
The Influence of Human Resources on Graduates of Shariah Economics Study Program of Sunan Ampel State Islamic University of Surabaya on Job Opportunities Muh. Syaukin Muttaqin
Maliyah : Jurnal Hukum Bisnis Islam Vol. 10 No. 2 (2020): Desember 2020
Publisher : Islamic Economic Law Programs, Faculty of Sharia and Law State Islamic University (UIN) of Sunan Ampel Surabaya.

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (921.498 KB) | DOI: 10.15642/maliyah.2020.10.2.74-96

Abstract

This is a field research to highlight the issue of the influence of human resources on graduates of Shariah Economics Study Program of Sunan Ampel State Islamic University of Surabaya on employment opportunities. This issue will be broken down into two fundamental problems, namely; first, is there any influence of human resources on the graduates of Shariah Economics Study Program of Sunan Ampel State Islamic University of Surabaya on employment opportunities? and second, how is the influence of human resources on graduates of Shariah Economics Study Program of Sunan Ampel State Islamic University of Surabaya on employment opportunities? Data is obtained through questionnaire to respondents in the year 2015-2017 with non-probability sampling techniques, namely incidental sampling technique. The results of this study indicate that human resources, economics, and demographics of the graduates of Shariah Economics Study Program of Sunan Ampel State Islamic University of Surabaya have a significant effect on employment opportunities.
Perjanjian Iklan di Radio Suara Akbar Surabaya menurut Hukum Islam dan Hukum Positif Alifia Nisa Ikbar
Maliyah : Jurnal Hukum Bisnis Islam Vol. 10 No. 2 (2020): Desember 2020
Publisher : Islamic Economic Law Programs, Faculty of Sharia and Law State Islamic University (UIN) of Sunan Ampel Surabaya.

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1013.485 KB) | DOI: 10.15642/maliyah.2020.10.2.1-25

Abstract

The data of this research were collected using observation, interview, and literature study techniques. Then analyzed with descriptive techniques in describing the problem of advertising agreements at Radio Suara Akbar Surabaya. After the data obtained were then analyzed using the Islamic Law and Positive Law. The results of this study concluded that the advertising agreement on SAS FM radio Surabaya with the advertiser, namely the Al Falah Social Fund Foundation (YDSF) had no procedural problems, but in practice there was a default by SAS FM radio with the broadcaster's negligence in managing the time. So that, the advertisement cannot be played as agreed, namely at the exact time of the SAS FM radio signal, in addition to an erratic power outage, and an unexpected time transmitter malfunction. The advertising agreement in this case, according to Islamic law, there are conditions that are not fulfilled, so that it is detrimental to the YDSF advertiser whose advertisement is not shown at the right time signal. According to positive law, it also causes losses to the party carrying out the advertisement. So that, the advertiser can claim compensation for both broadcast time and costs. In this case, the aggrieved party is the client by not showing the advertisement as agreed, then SAS FM is required to change the broadcast time outside the existing agreement.
Praktik Jasa Penitipan Mobil di Rusunawa Tanah Merah Utara Surabaya menggunakan Teori Sadd Al-Dhariah M. Faizal Fiqih
Maliyah : Jurnal Hukum Bisnis Islam Vol. 10 No. 2 (2020): Desember 2020
Publisher : Islamic Economic Law Programs, Faculty of Sharia and Law State Islamic University (UIN) of Sunan Ampel Surabaya.

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1187.235 KB) | DOI: 10.15642/maliyah.2020.10.2.48-73

Abstract

The practice of car care services in Rusunawa Tanah Merah Utara Surabaya is a service practice that uses an ijarah contract in accordance with the pillars and conditions of ijarah in Islamic law. However, the practice of custodial services has paved the way for fraudulent service actors, fraud in the results of service payments obtained every month. Due to the initial agreement between the person in charge of the care service and the manager and all residents of the flat, 60% of the income from the service goes to the flat cash and 40% is for the person in charge of the care service. However, the fact is that the results obtained by the person in charge of the care services are greater than the cash yields of the flats, this is not in accordance with the initial agreement. Then there is the negligence of the person in charge of the care service which results in losses for the car owner. In Sadd al-Dhari'ah theory, this kind of ijarah is not allowed and must be prevented. So that, the person in charge of the care service should pay attention to the agreement that has been agreed, be responsible for his duties with trust. For managers and other internal residents of the Flats, they should participate in monitoring the performance of the care services. Car owners should give a warning to the caretaker so that they are professionally responsible.
Program Semanggi Berbasis Kāfalah pada Lembaga Manajemen Infaq Surabaya dalam Perspektif Hukum Islam Siti Masruroh
Maliyah : Jurnal Hukum Bisnis Islam Vol. 10 No. 2 (2020): Desember 2020
Publisher : Islamic Economic Law Programs, Faculty of Sharia and Law State Islamic University (UIN) of Sunan Ampel Surabaya.

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1065.093 KB) | DOI: 10.15642/maliyah.2020.10.2.97-116

Abstract

.This research focuses on the kafālah-based Semanggi Program at the Infaq Management Institute in Surabaya. This research analyzes the concept of kafālah from the perspective of Islamic law. The research method applies qualitative methods to collect data employing observation, interviews, and documentaries. The next stage is to apply the descriptive analysis method to understand the concept of the kafālah-based Semanggi program. The construction of understanding uses deductive logic. The results of the research construction on the Semanggi Program have not fully implemented the characteristics of kafālah according to Islamic law. Based on field data, there is no kafālah contract between Mākful Lahu (people who owe debts) and Mākful 'Anhu (people who are guaranteed), namely the teachers of the al-Qur'an Education Park to make a debt-receivable agreement. In the perspective of Islamic law, it is not included in the category of the kafālah contract because the characteristics of the concept of kafālah are incomplete. This research concludes that the Surabaya Infaq Management Institute must reconstruct the concept of kafālah so as not to harm other parties and the Surabaya Infaq Management Institute. Giving gifts based on Islamic law can be an alternative to the kafālah contract.
Praktik Jasa Laundry Chesta Barelejo Madiun Perspektif Hukum Islam Siti Fatimah
Maliyah : Jurnal Hukum Bisnis Islam Vol. 10 No. 2 (2020): Desember 2020
Publisher : Islamic Economic Law Programs, Faculty of Sharia and Law State Islamic University (UIN) of Sunan Ampel Surabaya.

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1135.328 KB) | DOI: 10.15642/maliyah.2020.10.2.26-47

Abstract

This is a of field research to highlight on "the Practice of Service of Loundry Chesta Balerejo Madiun" which aims to answer the two fundamental questions: (1) how is the practice of Loundry Chesta Balerejo Madiun? and how is the Review of Islamic Law on Loundry Chesta Balerejo Madiun?. The results of the study concluded that: first, in the practice of Loundry Chesta Balerejo Madiun, consumers came to bring their dirty clothes for laundry, then the dirty clothes were weighed by the laundry owner. The results of the scales and nominal prices were not stated and there was no evidence, either in the form of receipts or notes, so it was only known when the clothes were taken after being washed. In this case, most consumers are willing and do not feel disadvantaged and use the service again; second, the practice of Loundry Chesta Balerejo Madiun above is in accordance with Islamic law because it has fulfilled the pillars and conditions for a valid contract, where the perpetrator of contract is already 'aqil baligh and consists of two people, the object of the contract is clear and known to both parties. As for the case of sighat, although the laundry party did not mention it directly, both parties did not feel aggrieved and mutually agreed to each other. This is allowed by the majority of scholars except for Syafi'iyah scholars.  

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