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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. 2 No. 1 (2012): Juni 2012" : 6 Documents clear
APLIKASI KAFALAH PADA ASURANSI TAKAFUL PERSPEKTIF AKAD BISNIS ISLAM Mugiyati .
Maliyah : Jurnal Hukum Bisnis Islam Vol. 2 No. 1 (2012): Juni 2012
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 (423.058 KB) | DOI: 10.15642/maliyah.2012.2.1.%p

Abstract

Kafalah is a kind of tabarru’ agreement which is based on the value of social virtue. Kafalah can be developed and applied on takaful insurance based on the three payment patterns of takaful. The first: participant dies during the coverage period. In this case, a kind of kafalah that can be applied is Kafalah bi al-dayn. It is the debt obligations that are being the responsibility of others. For participant who dies in the coverage period is being covered (makful 'anhu). While, the other participants are together as kafil (guarantor) to pay off the debt of makful 'anhu in the form of unpaid premium remains as makful bih. On the other hands, the receiver of guarantee (makful lahu) is the takaful insurance company. The second: the condition where participant is still alive until the time of completing the coverage period. So that, the kafalah application can be done by ta'liq (kafalah al-mu’allaqah). It is a form of kafalah where the execution of the guarantee made by a person against another person is required or suspended for a certain thing. In this position, he serves as kafil who guarantees the other participants (makful 'anhu) if they are in an accident or die. To pay the remaining premiums is to be the responsibility of makful bih through tabarru’ funds' that have been collected to insurance companies as receiver of the guarantee (makful lahu). The third: participant resigned before the contract coverage period is completed. In this circumstance, the kafalah contract has expired or has been canceled since it is a kind of tabarru’ agreement that its original legal status is not absolutely binding.
TANGGUNGJAWAB PERDATA PEMILIK PERSEROAN TERBATAS (PT) TERHADAP KERUGIAN PIHAK LAIN DALAM TINJAUAN HUKUM BISNIS ISLAM Wahid Hadi Purnomo
Maliyah : Jurnal Hukum Bisnis Islam Vol. 2 No. 1 (2012): Juni 2012
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 (560.329 KB) | DOI: 10.15642/maliyah.2012.2.1.%p

Abstract

The existence of Limited Company (LC) in business is a necessity. Limited Company in Indonesia is regulated by Undang-Undang Nomor 40 Tahun 2007. The domination of the company in the form of Limited Company is because of its superiority in comparison with other forms of company. The first advantage, Limited Company provides easiness to transfer its shares to other parties or persons. The second, shareholder liability of Limited Company is limited to the value of shares held in the Limited Company itself. The enthusiasts of LC are not only from among non-Muslims but also Muslim investors who are choosing it as a form of business entity to run their business. Muslim businessmen, other than as a citizen of Indonesia who are supposed to be the subject to the rules of positive law in Indonesia, including the law pertaining to company, should also be the subject to the provisions of shari'ah. In relation with the discussion above, there are some fundamental questions as follow; (1) is there any kinds of legal form of Limited Company in Islam?; (2) is there any limitations of liability in Islam?; (3) is the limitation of liability is allowed under Islamic law?. Based on the research, it can be concluded that Islam does not have the shirkah system which has the similarities to Limited Company of either in the form of responsibility or its legal status. According to al-Qur’an and al-hadith that each individual is responsible to pay all debt dependents without any restrictions. Islam does not also allow a form of limited obligation as set out in Limited Company. It is because the provisions of shari>'ah states that one should not reduce a bit of his or her own debt.
KONSTRUKSI KEILMUAN HUKUM EKONOMI ISLAM PENDEKATAN TEORI SISTEM JASSER AUDA Fahrul Ulum
Maliyah : Jurnal Hukum Bisnis Islam Vol. 2 No. 1 (2012): Juni 2012
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 (1016.808 KB) | DOI: 10.15642/maliyah.2012.2.1.%p

Abstract

This paper highlights an attempt to construct an Islamic economics law by utilizing the system theory approach triggered by Jasser Auda. The core of this paper is to answer how the scientific law of Islamic economy is built so as to meet the goals of science itself, namely the creation of the more holistic of Islamic economics law, non-reductionist, morality, and non-literal. It also emphasizes on multi-dimensions rather than solely one-dimension, multi-value rather than merely comparing, reconstruction rather than deconstruction, theological discussion rather than causality discussion. The construction of the Islamic economics law is consistently run out by functioning the system on the fundamental principles namely validating all cognitions, openness, holistic, multi-dimensionality, and purposefulness.
KONSEP EKONOMI AL-GHAZALI Lilih Rahmawati
Maliyah : Jurnal Hukum Bisnis Islam Vol. 2 No. 1 (2012): Juni 2012
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 (291.929 KB) | DOI: 10.15642/maliyah.2012.2.1.%p

Abstract

This paper of the discussion focuses on the concept of economic thought of al-Ghazali. The main reason for choosing al-Ghazali's economic concept is since it coins its own peculiarities compared to that of other thinkers. In his grand concept of economy, al-Ghazali focused on the behavior of individual within the perspective of al-Qur'an, al-Sunnah, fatwa of prophet Muhammad’s companions, and the attendants of his companions as well as the leading sufis such as  Junayd al-Baghdady, Zun al-Mishri, and Harith bin Asad al-Muhasibi. This paper also discusses about how is exactly the economic concept of al-Ghazali? Writer of this paper concludes that al-Ghazali’s thought in the economic field is inclined to moral ethics. Al-Ghazali based his economic concept on that of sufis since at the time the riches and the official governments were full of prestige to accept the fiqh (Islamic jurisprudence) and philosophical approach. Muslim economists have more contributions to economic development not only in Islamic environment, but also conventional economy. The author of this paper, with the discussion of the economic thought of the Muslim thinkers, hopes that the discourse of Islamic economy in academic circles becomes more lively. Furthermore, the nuances of Islamic economy in Indonesia can grow and operate the Islamic financial institutions in Indonesia increasingly and comprehensively.
KEWENANGAN PENGADILAN AGAMA DALAM SENGKETA PERBANKAN SYARIAH Mahir .
Maliyah : Jurnal Hukum Bisnis Islam Vol. 2 No. 1 (2012): Juni 2012
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 (361.383 KB) | DOI: 10.15642/maliyah.2012.2.1.%p

Abstract

The existence of Islamic banking system, with the different variant products, has its own legal implications particularly after emerging some disputes for the parties involved. The banking dispute is usually solved through the court. In this position, Court is to be a place to seek justice and resolve legal issues that arise. In addition, there is also an alternative of non-litigation settlement in Indonesia. Undang-undang Perbankan Syariah no 21 tahun 2008, which has provided the competence or authority to public courts in Islamic banking dispute resolution, has reduced the absolute competence of religious courts, in Undang-undang nomor 3 tahun 2006, it is very clearly mentioned that the religious courts have absolute competence in the field of economy of Islam, including the Islamic banking system. The Absolute authority of religious courts as defined in Undang-undang no 3 tahun 2006, in its application, is still potentially determined by choice of forum that can be done by the parties involved in contract
TANGGUNG JAWAB NEGARA DALAM EKONOMI ISLAM (Pemikiran Muhammad Al-Baqir As-Sadr) Sri Wigati
Maliyah : Jurnal Hukum Bisnis Islam Vol. 2 No. 1 (2012): Juni 2012
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 (293.511 KB) | DOI: 10.15642/maliyah.2012.2.1.%p

Abstract

This paper of the discussion focuses on the Islamic economics thought of Muhammad al-Baqir al-Sadr, his biography, and his educational background particularly in relation to the concept of Islamic economy. Al-Sadr refuses all kinds of conventional economic theory and suggests that the economic theories are supposed to be explored newly from al-Qur'an and al-hadith. In order not to be bias, this paper is going to focus on al-S}adr’s idea about the responsibility of the state. According to him, the responsibility of the state is divided into three, namely social security, social balance and intervention. These three responsibilities are certainly on the hand of the government to regulate and direct the life of the people. In this case, the head of state is the one who has to guarantee for the balance of social and security welfare of his people. He might also intervene in order to control and regulate the economic condition of the state.

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