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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. 11 No. 2 (2021): Desember 2021" : 6 Documents clear
Membentuk Kemandirian Ekonomi Pesantren: Telaah terhadap Peran Kiai dalam Pesantren Al-Amien Prenduan, Madura Achmad Safiudin R; Supriyanto Supriyanto
Maliyah : Jurnal Hukum Bisnis Islam Vol. 11 No. 2 (2021): Desember 2021
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 (968.08 KB)

Abstract

The role of the Kiai in the independence of the pesantren is very urgent and central. The Kiai determines the pesantren's journey because he has a significant role as the most responsible person. The Kiai is the highest leader in the boarding school structure and has enormous authority. So, the economic independence factor of the pesantren is an essential factor in the future and the determination of the direction of the pesantren by the Kiai. In this study, two problems become the focus of the study: First, how is the role of the Kiai in the economic independence of pesantren. Second, what factors shape financial freedom in Islamic boarding schools. The Al-Amien Prenduan Islamic Boarding School, Sumenep, East Java, focus on this research. This type of research is qualitative research by describing and collecting phenomena and data. Data collection techniques using observation, interviews and documentation. The data analysis method used descriptive analysis. Based on the research conducted, it is known that: first, the role of the Kiai in the economic independence of the pesantren is as a motivator, giver of ideas, advice, provider of capital, management controller, and decision-maker in various regulations that exist in the pesantren business unit that is managed. Second, internal and external factors are two factors that shape economic independence in Islamic boarding schools. Each component, either directly or indirectly, in the pesantren participates in supporting the economy of the pesantren, such as Kiai, administrators, asatidz, santri, and others are internal factors. Meanwhile, the external factor is that the community around the pesantren provides trust and support, such as employees in business units owned by the pesantren and by becoming consumers and investors.
Penolakan Sertifikasi Label Halal MUI Surabaya pada Produk “Mie Setan” Perspektif Hukum Islam dan Undang-Undang No 33 Tahun 2014 Siti Nur Faiza
Maliyah : Jurnal Hukum Bisnis Islam Vol. 11 No. 2 (2021): Desember 2021
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 (949.627 KB) | DOI: 10.15642/maliyah.2021.11.2.104-125

Abstract

This study discusses the rejection of the halal label certification on devil noodle products in the perspective of Islamic law and Law no. 33 of 2014. The results of the study concluded that the rejection of the halal label certification application based on SK46/Dir/LPPOM MUI/XII/14 and MUI Fatwa Number 4 of 2003 concerning Standardization of Halal Fatwas because the name of Satan is identic with the name of the enemy of Allah and it is feared that it can distance from remembering Allah and can be categorized as 'urf fasid (bad costome) that must be abandoned. Then, regarding the product name in Law no. 33 of 2014 is not an object that will be examined by halal auditors, but regarding the name and type of product, it is an initial file at the stage of submitting an application, then in article 33 of Law no. 33 of 2014 explains that the determination of product halalness is carried out by MUI in the MUI halal fatwa trial. In line with the conclusion above, the owner of the Surabaya devil noodle product must follow the procedure of LP POM MUI JATIM, namely changing the name of the devil with a good name, then for consumers who consume devil noodle, it is expected that the spicy level is adjusted to the body's ability and not excessive, and for LP POM MUI JATIM to be careful in accepting or rejecting the submission of MUI halal label certification, so that no party feels aggrieved or disappointed.
Operations of the Institution of Baitul Mal Wa At-Tamwil under the Perspective of al-Kulliyat al-Khamsah of the al-Shatibi’s Maqasid al-Shari‘ah Iftihor Iftihor
Maliyah : Jurnal Hukum Bisnis Islam Vol. 11 No. 2 (2021): Desember 2021
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 (866.665 KB) | DOI: 10.15642/maliyah.2021.11.2.26-51

Abstract

The development of the Islamic economics in Indonesia shows progress and needs to be appreciated. It can be seen in the effort to find its relevance to the modern economy, including the application of maqasid shari'ah as the main support in every operational development of shari’ah financial institutions. In this study, researcher will focus on the issue of how to implement the maintenance of al-kulliyyat al-khamsah of maqasid shari'ah of al-Shatibi at BMT Mawaddah Pelenggagan, Pamekasan, Madura. This is a qualitative research that the data is gained by using documentation and interview technique. The results of this study are (1) the implementation of maintenance of maqasid shari'ah of al-Shatibi’s al-kulliyyat al-khamsah which has been carried out by BMT Mawaddah has been going well. (2) There are several patterns that are not implemented because there are obstacles in their implementation. (3) It is found that there is a form of conformity between the concept of maqasid shari'ah in general and that of al-Shatibi’s al-kulliyyat al-khamsah.
Analysis of Islamic Law and Law No. 56 PRP 1960 on the Practice of Pawning Paddy Fields in the Village of Malang Hanik Musyarofah
Maliyah : Jurnal Hukum Bisnis Islam Vol. 11 No. 2 (2021): Desember 2021
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 (950.612 KB) | DOI: 10.15642/maliyah.2021.11.2.1-25

Abstract

This is field research entitled "Review of Islamic Law and Law Number 56 Prp of 1960 Against Pawn Pawn Practices in Jambesari Village, Poncokusumo District, Malang Regency". This study has two objectives, namely: how the practice of pawning rice fields in Jambesari Village, Poncokusumo District, Malang Regency and how to analyze Islamic law and Law no. 56 Prp Th. 1960 on the practice of pawning rice fields in Jambesari Village, Poncokusumo District, Malang Regency. The results of this study are that: first, the practice of pawning rice fields by the people of Jambesari Village, Poncokusumo District, Malang Regency is carried out by making an oral pawn agreement from both parties for a certain period; and second, the practice of pawning rice fields in Jambesari Village, Poncokusumo District, Malang Regency is in accordance with the opinion of the Hanafiyah scholars. However, contrary to the number of Maliki, Shafi'i and Hanbali scholars, it is mainly related to the use of pawned land which tends to have an element of coercion.
The Concept of Usury (Ribā) according to MTR Sri Wigati
Maliyah : Jurnal Hukum Bisnis Islam Vol. 11 No. 2 (2021): Desember 2021
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 (867.94 KB) | DOI: 10.15642/maliyah.2021.11.2.52-76

Abstract

Of the many anti-usury movements in Indonesia, one of them is a community called the Society Without Usury (Masyarakat Tanpa Ribā hereinafter referred to as MTR). This community already has networks in several regions in Indonesia, which carry out the mission of da'wah to spread the understanding of usury and help people who are caught in problems with usury. The existence of this community aims to become a place of consultation as well as complaints for victims of usury. This research was conducted to answer the questions; What is the history of the emergence of MTR which echoes the spirit of living without usury? The type of this research is a qualitative research and uses field research. The approach that used in this research is phenomenology approach which sees changes in people's ways of thinking in life. Data collection techniques in this research are participatory observations, interviews and documentations. The results of this research show that: the history of the emergence of MTR is due to awareness as an anti-usury da'wah community, social movement, self-liberation from debt.
Perlindungan Konsumen terhadap Praktik Jual Beli Barang Kadaluwarsa yang Tidak Dapat Dikembalikan Sayidah Nisrul Halimatus Sakdiyah
Maliyah : Jurnal Hukum Bisnis Islam Vol. 11 No. 2 (2021): Desember 2021
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 (1003.269 KB) | DOI: 10.15642/maliyah.2021.11.2.77-103

Abstract

This article is the result of a qualitative research to answer questions about how the practice of buying and selling expired goods that cannot be returned at Hidayah store and how Islamic law and Law no. 8 of 1999 concerning consumer protection against the sale and purchase of expired goods that cannot be returned at the Hidayah store in Surabaya. From the results of this study, it can be concluded that: first, in practice, expired goods which are the object of buying and selling at the Hidayah store in Surabaya may not be returned when consumers directly choose their own goods at the store, while they can be returned if the customer places an order by telephone; second, the practice of buying and selling expired goods that cannot be returned is not allowed according to Islamic law, because it is not in accordance with the sale and purchase contract in which there is a khiya>r, namely disgrace khiya>r, where when the goods are defective (expired), then may be returned. In addition, in article 8 paragraph 4 of Law no. 8 of 1999 concerning consumer protection also emphasized the prohibition of business actors from trading expired goods and being obliged to withdraw them from circulation. Consumers should be more thorough and careful in checking the goods to be purchased by checking the expiration date of each food product. Meanwhile, shop owners should sell goods that do not expire so as not to harm consumers.

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