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PENERAPAN AKAD MURABAHAH DENGAN TAMBAHAN DENDA PADA KELOMPOK UKM BINAAN DI BANK TABUNGAN PENSIUNAN NASIONAL (BTPN) SYARIAH SURABAYA DALAM TINJAUAN HUKUM ISLAM
Pedagogita Rakhmah
Maliyah : Jurnal Hukum Bisnis Islam Vol. 5 No. 1 (2015): Juni 2015
Publisher : Islamic Economic Law Programs, Faculty of Sharia and Law State Islamic University (UIN) of Sunan Ampel Surabaya.
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DOI: 10.15642/maliyah.2015.5.1.%p
Murabahah in BTPN Syariah there are two contract, which contract that goes first is an agreement mura>bah}ah where banks provide financing to customers in accordance with that contained in the contract, then after the agreed contract mura>bah}ah, and then proceed with the contract wakalah which the bank authorizes the customer to purchase the desired item according to the contract agreed upon contract. According to the status of Islamic law in practice is allowed. Since the application of fines is intended to foster a sense of responsibility and discipline for every customer financing.
TINJAUAN HUKUM ISLAM TERHADAP ARISAN BERSYARAT (Studi Kasus di Kranggan Prajurit Kulon Mojokerto)
Nur Kartika Sari
Maliyah : Jurnal Hukum Bisnis Islam Vol. 5 No. 1 (2015): Juni 2015
Publisher : Islamic Economic Law Programs, Faculty of Sharia and Law State Islamic University (UIN) of Sunan Ampel Surabaya.
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DOI: 10.15642/maliyah.2015.5.1.%p
The focus of this study is the requirement of compulsory debt, and debt payments that should be paid more based on the existing provisions. The conditional lottery in RW 03 of housing complex of Gatoel Mojokerto is not appropriate with the Islamic law like debt obligation and additional money in debt payment that can be called Riba. In this case, it is a kind is Riba Nasi’ah because it talks about debt and the additional money in the debt payment. The foundation of this law has already been in Al-Qur’an and Al-Hadits that explain about the rule of imposed debt; this debt is given to the one who does not have any need, and also explain about the rule of Riba, and anything that should not be done by a Moslem. Besides, in the foundation of Qard, this lottery does not fulfill the requirement and the pillars of Qard, that is about ‘Aqid; a Muqrid should give the debt to the one who really need as a mean of helping. Based on the conclusion above, it is expected for the members of lottery should eliminate the additional money in the debt payment and the rule of the compulsory debt. Finally, for the society of Gatoel housing complex, especially for members of the lottery should be more selective to choose the activity whether it has benefit.
HIFZ AL-MAL SEBAGAI DASAR ETIK-MORAL DALAM MENEKAN ANGKA KEMISKINAN DI INDONESIA
Sanuri .
Maliyah : Jurnal Hukum Bisnis Islam Vol. 6 No. 1 (2016): Juni 2016
Publisher : Islamic Economic Law Programs, Faculty of Sharia and Law State Islamic University (UIN) of Sunan Ampel Surabaya.
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DOI: 10.15642/maliyah.2016.6.1.%p
This research focuses on the issue of poverty in Indonesia and the principle of hifz al-mal as its ethical-moral basis. Survey shows that for many years the poverty rate in Indonesia has a tendency to increase although the percentage has a shrinking trend. Many things can be factors of poverty such as; lack of human resources, low natural resources management, weak competitiveness of the education level, jobless, and some others. Starting from these conditions, this paper comes to present information about the Human Development Index rank of either in Southeast Asia and International level. In addition, this study also offers an alternative solution through a concept hifz al-mal (maintaining the property) within the meaning of al-tanmiyyah al-iqtisadiyyah (economic development). It is as the ethical-moral basis in reducing poverty in Indonesia through a search of universal values and indicators of each feature of daruriyyat al-khamsah to address some of the key issues in accordance with the assessment criteria to Human Development Index (HDI).
SISTEM JUAL BELI ONLINE DI SUPPLIER HERBAL MURAH SURABAYA PERSPEKTIF AKAD AL-SALAM
Muhammad Amru Rahman
Maliyah : Jurnal Hukum Bisnis Islam Vol. 6 No. 1 (2016): Juni 2016
Publisher : Islamic Economic Law Programs, Faculty of Sharia and Law State Islamic University (UIN) of Sunan Ampel Surabaya.
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DOI: 10.15642/maliyah.2016.6.1.%p
The modern world can not be separated from Interconnectted network (internet). Similarly, in bermuamalah. Commercial business over the Internet is known as electronic commerce. Internet merge into a worldwide computer network system information. The Internet allows the practice bermuamalah without any real meeting between the perpetrators. Surely this is an opportunity for businesses. The time will be more efficient. The perpetrators can perform transactions anytime and anywhere. In addition to being profitable can also cause problems. Especially legal issues. Besides, it was also the problem of incompatibility of information with reality, either on-time delivery and choice of goods. Cheap herbal supplier is a provider of herbal medicine who also use the internet to sell his wares to al-sala>m. Customer view a selection of items offered via the internet. Then he did some communication with suppliers to place the goods.
SISTEM BISNIS INTERNET UANGRECEH.COM PERSPEKTIF HUKUM ISLAM
Fauzi Rahmawati
Maliyah : Jurnal Hukum Bisnis Islam Vol. 6 No. 1 (2016): Juni 2016
Publisher : Islamic Economic Law Programs, Faculty of Sharia and Law State Islamic University (UIN) of Sunan Ampel Surabaya.
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DOI: 10.15642/maliyah.2016.6.1.%p
In one affiliate internet business which is a much loved community service or service to connect advertisers with the person who advertise something (advertiser). One affiliate business in Indonesia is an Internet business Uangreceh. com (ODAP: Online-based Data Assignment Program). The way it works is very simple and the same as the affiliate business in general, ie connecting seseorangdengan advertiser, and is directly affiliate will earn a commission on the services. The focus of this paper is on the Implementation of the commission in the Internet Business Uangreceh.com, testimonials on the internet about Uangreceh.com and Implementation provision of guidance to members who have difficulty conducting business Uangreceh.com. The author concludes that the implementation of the commission in the Internet business Uangreceh.com happen obscurity (gharar) in granting commissions. The writing testimonials excessive and does not correspond to the real situation in the Internet business by members Uangreceh. com is not in accordance with the concept of honesty and violate Islamic law. Mentoring by other members that are not explained in advance by the Uangreceh. Com, according to Islamic law can not be justified because there is an element of uncertainty which is not in accordance with the concept of contract in Islamic law.
PERSEWAAN INTERNET DENGAN SISTEM ZMART BILLING PERSPEKTIF HUKUM ISLAM
Rahman Agustiana
Maliyah : Jurnal Hukum Bisnis Islam Vol. 6 No. 1 (2016): Juni 2016
Publisher : Islamic Economic Law Programs, Faculty of Sharia and Law State Islamic University (UIN) of Sunan Ampel Surabaya.
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DOI: 10.15642/maliyah.2016.6.1.%p
The role of internet cafes is very large as the digital divide. Through internet cafes, people can easily access the Internet without having to purchase hardware. Internet cafes services utilization in Islam is a form of contract ijara>h. The proliferation of internet cafes, of course, the greater the competition between businesses. Dian_net in operations using the system "zmart billing". Zmart Billing system is an application in the transaction using the username and password written on a piece of paper with the active period of 3 days. Zmart billing price discriminate students and the public. This difference is not a problem because there has been a mutual willingly among the perpetrators. Internet station with Zmart billing system in Dian_Net has qualified pillar rental contract according to Islamic law (contract ijara>h). Nevertheless, there are still users of Internet services in Dian_Net, especially new users, they do not know Zmart billing system for billing Zmart system is different from the other internet cafes surrounding environment.
UPAH SULAM BIBIR DAN ALIS PERSPEKTIF HUKUM ISLAM
Moh. Sholehuddin
Maliyah : Jurnal Hukum Bisnis Islam Vol. 6 No. 1 (2016): Juni 2016
Publisher : Islamic Economic Law Programs, Faculty of Sharia and Law State Islamic University (UIN) of Sunan Ampel Surabaya.
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DOI: 10.15642/maliyah.2016.6.1.%p
The research data were collected through the views of scholars of the act changing God's creation, the views of scholars associated with Qiya>s, Islamic views pertaining to ingredients halal and haram, and the views of medical experts to the effects of the lip and eyebrow embroidery. Then analyzed with descriptive analysis techniques. The study concluded that the lip and eyebrow embroidery is haraam for two reasons. First, lip and eyebrow embroidery is an act (ornate) excessively that this act hated God. As word of Allah in Surah al-A'raf paragraph 31: "Hi, Son of Adam, wear beautiful clothes in every (enter) mosque, eat and drink, and do not exaggerate. Allah loves not those who exaggerated. " While the result of doing israf described in God's word Surah al-Isra'paragraph 27: “Real, the wasters that are brothers of Satan and the devil it is ingrate to his Lord. "Second, the danger outweigh the benefits. The author uses the rules: "Rejecting the main danger is more than attaining goodness.
BISNIS INVESTASI ONLINE DI WWW.PROFITCLICKING.COM PERSPEKTIF HUKUM ISLAM
Juliana Niswah
Maliyah : Jurnal Hukum Bisnis Islam Vol. 6 No. 1 (2016): Juni 2016
Publisher : Islamic Economic Law Programs, Faculty of Sharia and Law State Islamic University (UIN) of Sunan Ampel Surabaya.
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DOI: 10.15642/maliyah.2016.6.1.%p
The phenomenon of investment business today is extremely diverse including by their investment business deals with the online system. One of the investment vehicles online is a website berdomain Profit Clicking. Members depositing their funds (dollars) to the website berdomain Profit Clicking then the funds they will be processed so that they will get 3% for each day in the specified time, The length of time is adjusted to the funds they deposited. This paper discusses the cooperation agreement between the member and the Profit Clicking, profit and loss sharing system members, and the perspective of Islamic law against such investments. Gains derived member is calculated by the percentage based on the ad package owned by the member and the percentage of programs that followed members. Instead of a percentage of the profits of the company, the benefits seem flat because it has been set in advance. Profit Clicking cooperation in the perspective of Islamic law is considered illegitimate because of the many elements of obscurity (gharar) in the system. Members do not have rights and are not able to submit complaints to the agency any loss due to loss of payment to the member rights fully.
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.
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DOI: 10.15642/maliyah.2014.4.2.%p
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.
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DOI: 10.15642/maliyah.2014.4.2.%p
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.