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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
 1 
Search results for , issue "Vol. 8 No. 2 (2018): Desember 2018" : 6 Documents clear
Optimalisasi Akad Muzara’ah pada Bank Syariah Irwan Rahmatullah Putra; M. Syahrul Hajj; Ikayanti Ikayanti
Maliyah : Jurnal Hukum Bisnis Islam Vol. 8 No. 2 (2018): Desember 2018
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 (883.865 KB) | DOI: 10.15642/maliyah.2018.8.2.1-26

Abstract

This article discusses the optimization of muzara’ah contracts in Islamic banks. This article is the result of a literature review and qualitative research. Data comes from literature in the form of books, journal articles, and the internet, which after being collected are analyzed descriptively. The results of the study are muzara’ah is cultivating other people's land such as rice fields or fields in exchange for a portion of the yield (one-half, one-third, or one-quarter), while the labor costs and seeds are borne by the landowner. Ulama have different opinions about the law of muzara’ah, some are permissible and some are forbidden. For those who allow, muzara’ah must meet the pillars and conditions that have been determined. Rukun muzara'ah is landowners, farmers/cultivators, objects of muzara'ah, and Ijab and qabul. The practice of muzara'ah refers to the principles of the Profit and Loss Sharing System. In optimizing the muzara'ah contract on Islamic banks, it is necessary to improve the bank system according to the real vision of the Islamic bank and improve the agricultural system. Muzara'ah financing is very important for farmers who want to develop their agricultural land so that they can create mutual benefit, which means good quality and income from individuals and socially. Therefore, Islamic banks play an important role in implementing the muzara'ah contract in Indonesia, of course with the support of the community and government, including through controlling demand and supply, fixing prices, spurring the emergence of an investment climate, not stopping improving the quality of human resources, and maximizing technology.
Gadai dalam Perspektif KUHPerdata dan Hukum Islam Hanna Masawayh Qatrunnada; Lailatul Choiriyah; Nurul Fitriani
Maliyah : Jurnal Hukum Bisnis Islam Vol. 8 No. 2 (2018): Desember 2018
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 (1062.479 KB) | DOI: 10.15642/maliyah.2018.8.2.27-49

Abstract

This article discusses the law of pawn in terms of the Civil Code and Islamic law. This article is the result of a literature study and is qualitative. Data about pawning is collected through books, journals, and the internet. After the data was collected, it was classified and analyzed descriptively. The results of the discussion concluded that pawning in the Civil Code is regulated in Book II Chapter 20, Article 1150 to Article 1161, while in Islamic law it is included in the discussion of muamalah fiqh. In terms of the Civil Code and Islamic law, they have the same thing that the pawn is collateral for goods because of the existence of accounts payable, and both allow pawning law. The existence of a pawning contract has implications for legal consequences. The Civil Code regulates these provisions in its articles. Islamic law allows pawning based on the arguments of the Koran, Sunnah, and ijma'. Pawn contains benefits, namely to help someone who is experiencing difficulties in their daily activities. The pawn (ar-Rahn) has certain pillars and conditions that must be fulfilled so that the pawn can be implemented based on goodness and benefit for both parties carrying out the transaction. If the pillars and conditions of the mortgage are not fulfilled or violate the terms and conditions in Islam and the elements of benefit, the law is declared null and void.
Pengembangan Usaha Kecil Menengah di Tanggulangin Sidoarjo Moch Mahrus Fathur Rosy; Refita Avitriani Rizalina; Mega Ayu Ningtyas
Maliyah : Jurnal Hukum Bisnis Islam Vol. 8 No. 2 (2018): Desember 2018
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 (833.684 KB) | DOI: 10.15642/maliyah.2018.8.2.50-69

Abstract

The business development of leather handicraft SME entrepreneurs in Tanggulangin does not take place instantly. In the beginning, entrepreneurs attended various training in the development of skin-based SMEs. After his knowledge was sufficient then he applied it in the field. Here the high creative power of entrepreneurs is required. With such diverse creative powers, the demand for their products will increase. The level of production increases due to increased demand from consumers. This increasing demand is the beginning of economic development at Tanggulangin so that employers need a lot of employees. If many residents in Tanggulangin are absorbed into the SME leather handicraft center, the unemployment and poverty there will automatically decrease. Each family member has high productivity because a lot of it is absorbed into the leathercraft UKM center. The higher the level of productivity of the residents there, the more evenly the income per family there, and the standard of living will increase. Tanggulangin's income and income levels increase along with the advancement of UKM there. This can be an income from the city of Sidoarjo itself if the revenue from Tanggulangin continues to be constant from year to year.
Pasar Bebas di Era Globalisasi dalam Perspektif Ekonomi Syariah Hoddemah Hoddemah; Wiwik Saidatur Rolianah
Maliyah : Jurnal Hukum Bisnis Islam Vol. 8 No. 2 (2018): Desember 2018
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 (986.371 KB) | DOI: 10.15642/maliyah.2018.8.2.106-129

Abstract

The free market in the era of globalization is a necessity that cannot avoid. Countries that cannot meet their own needs must trade with other countries to meet these lacking needs. This free market is expected to improve the economy of a country and the welfare of its people. Still, in subsequent developments, the free market will positively impact the perpetrators and have a negative effect so that there will be contraception among economists regarding the merits and demerits of the free market. So far, a country can't stay away from the free market so how a country must make innovation, creativity, work levels, and everything good and quality so that its merchandise can compete in the free market. In Islamic economics, the existence of a free market is allowed to meet the needs of a country while still paying attention to the principles of trade in Islam such as being honest and not doing things that are contrary to religious teachings such as monopoly.
Peran Kewirausahaan dalam Pertumbuhan Ekonomi Islam di Indonesia Zakiyah Darojah; M. Didanul Quro’i; Dita Kartika Dewi
Maliyah : Jurnal Hukum Bisnis Islam Vol. 8 No. 2 (2018): Desember 2018
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 (915.485 KB) | DOI: 10.15642/maliyah.2018.8.2.70-105

Abstract

In economic activities, Islam encourages its people to be entrepreneurial, as taught in the Qur'an and hadith. In entrepreneurship, a person must have noble qualities, and it is forbidden to do entrepreneurship in a dishonest and unkind way. To become a successful entrepreneur, one should have a proactive, productive, empowering, hands-on (like to give) nature, humble, creative, and innovative. Entrepreneurship has become a concern of the government, especially Small and Medium Enterprises (SMEs), reducing the number of unemployment and poverty in Indonesia. Entrepreneurship has its role in Indonesia's economic growth, namely increasing productivity. Entrepreneurship also affects the development of the Islamic economy in Indonesia. That can develop sharia financial services, which include sharia banking, sharia cooperatives, sharia insurance, sharia mutual funds, etc., proves that entrepreneurship has a positive role in the growth of the Islamic economy in Indonesia.
Pembiayaan Musyarakah di Bait Al-Mal Wa At-Tamwil (BMT) An-Nur Rewwin Waru Sidoarjo Nur Afrida; Nur Lailatul Musyafa’ah
Maliyah : Jurnal Hukum Bisnis Islam Vol. 8 No. 2 (2018): Desember 2018
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 (858.49 KB) | DOI: 10.15642/maliyah.2018.8.2.130-152

Abstract

This article discusses musyarakah financing at BMT An-Nur Rewwin Waru Sidoarjo in the perspective of Islamic law. This research is field research and qualitative. Data were collected through observation, interview, and documentation techniques. The data analyzed using a descriptive analysis method with an inductive mindset describes the general description of musyarakah financing at BMT An-Nur Rewwin first, then analyzed with the concept of musyarakah in the DSN-MUI fatwa number 08/DSN-MUI/ IV/2000 concerning Musyarakah Financing. This study concludes that the musyarakah financing at BMT An-Nur is done using the customer registering at the administration and filling out the registration form with the designation of a business. It can be disbursed after being approved by the director. In reality, the customer uses the loan not for business as in the application, but the funds are used for consumptive needs. In the perspective of Islamic law, the Musyarakah financing at BMT An-Nur Rewwin in terms of the legal contract is valid because it meets the requirements and pillars contained in the Fatwa of DSN-MUI number 08/DSN-MUI/IV/2000 concerning Musyarakah Financing. However, it was canceled because it was wrong. one party misuses the allotted loan funds. In line with the conclusions above, it is recommended that BMT An-Nur Rewwin tighten supervision on the use of funds by customers to avoid misuse. For customers, they should be more trustworthy in the use of loan funds for business.

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