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Contact Name
Moh. Faizur Rohman
Contact Email
faza_veiro@uinsa.ac.id
Phone
+6285749376509
Journal Mail Official
faza_veiro@uinsa.ac.id
Editorial Address
Prodi Hukum Ekonomi Syariah (Muamalah) Fakultas Syari'ah dan Hukum UIN Sunan Ampel Surabaya, Jl. Ahmad Yani 117 Surabaya, Jawa Timur 60237
Location
Kota surabaya,
Jawa timur
INDONESIA
Maliyah : Jurnal Hukum Bisnis Islam
ISSN : 20884869     EISSN : 25974351     DOI : https://doi.org/10.15642/maliyah.2021.11.2
Kajian-kajian Hukum Ekonomi dan Bisnis Islam, baik berupa artikel konsepsional ataupun hasil penelitian.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
Search results for , issue "Vol. 4 No. 2 (2014): Desember 2014" : 5 Documents clear
MEMBONGKAR POLA PEMIKIRAN HUKUM FATWA DEWAN SYARI’AH NASIONAL (DSN) TENTANG PRODUK KEUANGAN SYARI’AH DAN PENYERAPANNYA DALAM HUKUM NASIONAL Mugiyati .
Maliyah : Jurnal Hukum Bisnis Islam Vol. 4 No. 2 (2014): Desember 2014
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 (169.984 KB) | DOI: 10.15642/maliyah.2014.4.2.%p

Abstract

DSN-MUI is the only board that has the authority to issue a fatwa on the types of activities, products and financial services as well as overseeing the implementation of Shariah fatwa meant by Shariah financial institutions in Indonesia. As a religious fatwa should be the product of its legal reasoning bertemali kemasyarakatan.Oleh closely with social problems because it must be based DSN fatwa result of interaction between legal thinkers with the environment, in which the relevance of religious belief for the material world is often overlooked. In fact the National Fatwa Council of Sharia Shariah financial products follow three patterns of legal thought as a reference of the pattern of baya>ni> (semantic study), patterns qiya>si> (ta'li>li> or determination 'illat or legal factors), and the pattern istis}lah}i> (considering the benefit based nash general) that three is a normative textual approach. Positifisasi efforts in response to the needs of the Muslims will be the implementation of Islamic law in the Indonesian economy missed by the Supreme Court of the Republic of Indonesia Regulation Number 02 of 2008 on Economic Shariah Law Compilation (KHES), which partially absorb the contents of fatwas National Sharia Board good in almost the same formula or refer in part.
ANALISIS ISTINBA>T} HUKUM ISLAM TERHADAP FATWA MAJELIS ULAMA INDONESIA (MUI) TENTANG JUAL BELI EMAS SECARA TIDAK TUNAI Zainal Abidin
Maliyah : Jurnal Hukum Bisnis Islam Vol. 4 No. 2 (2014): Desember 2014
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 (119.296 KB) | DOI: 10.15642/maliyah.2014.4.2.%p

Abstract

Selling is a form of continuous experiencing muamalah development hand in hand with the development of the times and technology. This is evident with the rise of the trading system or method practiced by humans from time to time. As we know, in ancient times known system of barter or exchange of goods with the goods, then grew with the discovery of money to buy and sell, as we see in General. Even at this point, the human being easier with a system of buying and selling where one does not have to have the goods or money used to trade with other people, the system is commonly known to us with the credit system. However, the development of the system of buying and selling should be seen first if the system in accordance with Islamic teachings or not. One example is the system of buying and selling gold for no cash. At the time of the Prophet, selling the gold it can be when made in cash. But today, there are several products from some financial institutions that trade in gold in installments. It has certainly led to disquiet among the public. And as the solution, MUI set that may make selling gold is not the cash. It is certainly exciting to be scrutinized so that we know what base and method of istinba>t} used MUI in setting such a fatwa.
STUDI FATWA DEWAN SYARIAH NASIONAL (DSN) TERHADAP APLIKASI KONVERSI AKAD PADA NASABAH YANG TIDAK PROSPEKTIF DI BMT UGT SIDOGIRI CABANG WARU SIDOARJO Rizka Kurnia Anggriani
Maliyah : Jurnal Hukum Bisnis Islam Vol. 4 No. 2 (2014): Desember 2014
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 (137.728 KB) | DOI: 10.15642/maliyah.2014.4.2.%p

Abstract

Application conversion contract on prospective customers who are not in BMT UGT Sidogiri Waru Sidoarjo branch of the conversion contract mura>bah}ah to musya>rakah. Application conversion contract executed in BMT UGT Sidogiri Branch Waru Sidoarjo not only given to customers who are still prospective, but also given to customers who are not prospective. Conversion contract given to prospective customers who are not in BMT UGT Sidogiri Branch Waru Sidoarjo not in accordance with the National Islamic Fatwa Council (DSN) 49 / DSN-MUI / II / 2005, the incompatibility of the conversion contract awarded to prospective customers who are not. Although the conversion application that does not contract the prospective customer is not in accordance with the Fatwa of DSN 49 / DSN-MUI / II / 2005 on the conversion contract, goodwill BMT UGT Sidogiri Branch Waru Sidoarjo should be appreciated (given a positive response). Because motivation BMT UGT Sidogiri Branch Waru Sidoarjo still provide an opportunity for prospective customers who are not helping that any element that ties akadnya be finished soon. Based on the results of research conducted by the author in BMT UGT Sidogiri Branch Waru Sidoarjo, so that the author can advise customers who have done the conversion contract was monitored, in order to avoid financing problems again. Later in the provision of financing to new customers, the BMT UGT Sidogiri Waru Sidoarjo Branch should also be careful to avoid financing problems that could lead to a loss in BMT.
STUDI KOMPARATIF TENTANG MEKANISME PASAR IBNU KHALDUN DAN ADAM SMITH Muhammad Arifin
Maliyah : Jurnal Hukum Bisnis Islam Vol. 4 No. 2 (2014): Desember 2014
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 (138.752 KB) | DOI: 10.15642/maliyah.2014.4.2.%p

Abstract

This article was aimed to explain the nature of market mechanism in prespective of Ibnu Khaldun and Adam Smith. Historical dan philosophical approach were used in the analysis to oversee Ibnu Khaldun and Adam Smith basic teaching on market and to explore ideas of both. The article concluded that within theory of  price, theory of value, division of labour, nation/government. Market mechanism that protect people of  the right and just price has also been considered as important and neccesary for better life. This then implied the need to keep market mechanism work which was part of  government duties.
KETENTUAN CORPORATE SOCIAL RESPONSIBILITY (CSR) DALAM PASAL 74 UU NO. 40 TAHUN 2007 TENTANG PERSEROAN TERBATAS (P.T) SEBAGAI ZAKAT TIJARAH PERSPEKTIF AL-MASLAHAH AL-MURSALAH Nurul Akbar
Maliyah : Jurnal Hukum Bisnis Islam Vol. 4 No. 2 (2014): Desember 2014
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 (180.224 KB) | DOI: 10.15642/maliyah.2014.4.2.%p

Abstract

In this study concluded that the provisions of the Corporate Social Responsibility (CSR) in Article 74 of the Law. No. 40 of 2007 on Limited Liability Company (PT), any item that is traded by humans such as silver, livestock, industry, and the stock compulsory Zakat, it is consistent with the results of the First International conference in Kuwait (29 Rajab 1424 AH), because the company belong Syakhsan I’tiba>ran or Syakhsan Huku>miyah, and was reinforced in Law No. 23/2011 on the management of zakat, Chapter I, article 04 stated that among the objects that must be issued zakat zakat is trade and enterprise. Meanwhile, if viewed in the perspective of mas}lah}ah al-mursalah, in the context of mas}lah}ah al-mursalah, Company which carries on business in the field of natural resources, or which carries on business related to natural resources. Duty to be responsible for the social problems faced by the local community and shall carry out its social and environmental responsibility. This is in accordance with the Company Law No. 40 of 2007 Article 74 paragraph (4) and in government regulation (PP) No. 47 in 2012. That's all for the benefit of the local community and avoid kemudharatan limited liability company whose environment is used for events and activities of the limited liability company.

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