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Maliyah : Jurnal Hukum Bisnis Islam

maliyah
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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 168 Documents

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Nalar Filosofis Sustainable Development Goals (SDGS) dalam Tata Kelola Filantropi Islam Berbasis Masjid di Surabaya Imron Mustofa
Maliyah : Jurnal Hukum Bisnis Islam Vol. 11 No. 1 (2021): Juni 2021
Publisher : Islamic Economic Law Programs, Faculty of Sharia and Law State Islamic University (UIN) of Sunan Ampel Surabaya.

This article examines the governance of Islamic philanthropy as an economic movement for the people based on the Surabaya al-Akbar Mosque. It is undeniable that the fulfilment of community needs cannot be separated from the completion of their financial requirements. Al-Akbar Mosque has excellent potential as an implementation of Islamic values in fulfilling the Sustainable Development Goals. Armed with a philosophical analysis approach, this article focuses on studying the philosophical foundations in the performance and governance of Islamic philanthropic funds at the Al-Akbar Mosque. This study found several findings: The paradigm of economic development based on the Al-Akbar mosque appears to have expanded its meaning from the point of view of the conventional economy. In addition, Islamic philanthropy funds are managed based on the distribution of ratios between mosque sectors: tarbiyah, secretariat, ri'āyah and imārah.

Management of the Surabaya Syariah Namira Hotel in the Perspective of Sharia Hotel Principles and Regulation of the Minister of Tourism and Creative Economy of the Republic of Indonesia Number 2 of 2014 Ubaid Aisyul Hana
Maliyah : Jurnal Hukum Bisnis Islam Vol. 11 No. 1 (2021): Juni 2021
Publisher : Islamic Economic Law Programs, Faculty of Sharia and Law State Islamic University (UIN) of Sunan Ampel Surabaya.

This research is a field research to highlight service of the Surabaya Syariah Namira Hotel in the perspective of sharia hotel principles and Regulation of the Minister of Tourism and Creative Economy of the Republic of Indonesia Number 2 of 2014. To elaborate on that theme, there are two core issues that will be answered, namely: how is the management of the Surabaya Syariah Namira Hotel? And how is the management of the Surabaya Syariah Namira Hotel in the perspective of Sharia principles and the Regulation of the Minister of Tourism and Creative Economy of the Republic of Indonesia Number 2 of 2014? The data obtained through observation, interview and documentation. The results showed that the service and management of the Surabaya Syariah Namira Hotel is carried out in accordance with the internal hotel regulations and completed with facilities as required in sharia hotel. While based on sharia principles and the Regulation of the Minister of Tourism and Creative Economy of the Republic of Indonesia Number 2 of 2014, the Surabaya Syariah Namira Hotel is adequate to be classified as sharia hotel and as the Hilāl-1 category.

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.

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.

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.

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.

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.

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.

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.

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.

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.

.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.

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.

Page 11 of 17 | Total Record : 168

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Moh. Faizur Rohman

Contact Email
faza_veiro@uinsa.ac.id

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+6285749376509

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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

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

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

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

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