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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 137 Documents

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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.

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.

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 ofÂ price, theory of value, division of labour, nation/government. Market mechanism that protect people ofÂ 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 ofÂ 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.

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 Iâ€™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.

TINJAUAN HUKUM ISLAM TERHADAP UTANG PIUTANG DENGAN SISTEM NGAMBAK DI DUKUH BURAN KELURAHAN BABAT JERAWAT KECAMATAN PAKAL KOTA SURABAYA Rista Fatimah
Maliyah : Jurnal Hukum Bisnis Islam Vol. 5 No. 2 (2015): Desember 2015
Publisher : Islamic Economic Law Programs, Faculty of Sharia and Law State Islamic University (UIN) of Sunan Ampel Surabaya.

This thesis is the result of field research on Islamic Law Review Against Debt With Ngambak System in the village of Buran Babat Jerawat Pakal Surabaya. This study was aimed to answer the questions: 1. How is the practice of debts with Buran system ngambak in Hamlet Village Subdistrict Pakal Babat Jerawat Surabaya? 2. How Islamic legal review of the debts with Buran system ngambak in Hamlet Village Subdistrict Pakal Babat jerawat Surabaya?. Results of this study concluded that the debts with Buran system ngambak in Hamlet Village Subdistrict Pakal Babat Jerawat Surabaya, in the view of Islam is legitimate and should be done because it has met the pillars and the terms of debts and do both sides with consensual (antaradin). Regarding the difference in the return of the debt, not including the additional prohibited under Islamic law. Due to the excess is merely a form of gratitude debtor to the creditor on loans given and when the contract is not mentioned nominal amount. But with an extra 5% or 10% as required pengambak fish to fish farmers at the time of the contract, if he could not give the fish at maturity (harvest). Then it is not in accordance with Islamic law, since the category of usury.

TINJAUAN HUKUM ISLAM TERHADAP JUAL BELI PRODUK SATANISME DI VENOM METAL DISTRO JL. GAJAH MAGERSARI SIDOARJO Muhamad Reza Noviansyah
Maliyah : Jurnal Hukum Bisnis Islam Vol. 5 No. 2 (2015): Desember 2015
Publisher : Islamic Economic Law Programs, Faculty of Sharia and Law State Islamic University (UIN) of Sunan Ampel Surabaya.

Essay with title â€œOverview of Islamic Law Against The Practice of Selling and Buying Satanism Products in Venom Metal Distro Jalan Gajah Magersari Sidoarjoâ€, is the result of field research to know about the practice of selling and buying Satanism products in Venom Metal Distro and how Islamic Law review of this practice.To answer these question, is used type of field researchwith qualitative methods. To collect data is used technics of observatition, interview and literature studies. Data, is obtained and analyzed by descriptive analysis, describes the practice of selling and buying products in Islamic Law, Sadd al Dhariâ€™ah and definition of Satanism itself and how practice of selling and buying Satanism products in Venom Metal Distro. Inductive paradigm is used by.Based on the result, the writer concluded that the practice of selling and buying products in Venom Metal Distro appropriated to Islamic Lawâ€™s practice of selling and buying products, because the product, the place and the buyer are cleared and real. But it is just against to Islamic Law because of Satanism product. The products were contained by Satanism and Atheism. Object themed of the products are metal, black metal, death metal, underground who have not only hardcore genre but also Satanism and Atheism lyrics. Islamic law reviews that this practice is not appropriate,because the product is not suitable to rukun and syariâ€™ah Islam. The writer concluded that the practice of selling and buying Satanism products in Venom Metal Distro is makhruk and can be haram if mafsadah of the Satanism is harder than maslahah. According to the conclusion, the writers suggest to seller, buyer and owner, before the products were saled to buyer, more wiser to explain and to suggest not to keep Satanism as faith. Itâ€™s used only for hobby, not to keep it and moreover follow the ritual.

ANALISIS HUKUM ISLAM TERHADAP UNDIAN BERHADIAH UMRAH DALAM APLIKASI MUD}A>RABAH DI BMT BINA INSAN MANDIRI CABANG LOGAWE KECAMATAN RENGEL KABUPATEN TUBAN A. Jauhari Nashrullah
Maliyah : Jurnal Hukum Bisnis Islam Vol. 5 No. 2 (2015): Desember 2015
Publisher : Islamic Economic Law Programs, Faculty of Sharia and Law State Islamic University (UIN) of Sunan Ampel Surabaya.

This thesis is the result of field research (field research) in BMT Bina Insan Mandiri Branch Logawe. Data collection techniques used in this research is the method of observation and interview (interview). Furthermore, the data collected compiled and analyzed using descriptive analysis method, which collects data on Lottery Umrah in Mudarabah Application in BMT Bina Insan Mandiri Branch Logawe the District Rengel District Tuban whichÂ be accompanied with analysis to be concluded. In the study it can be concluded that, Mudarabah applications in products Si BerkahÂ (Simpanan Berangkat ke Mekah) in BMT Bina Insan Mandiri Branch Logawe the District Rengel District Tuban which ise Mudarabah contract, along with the results of BMT Bina Insan Mandiri done in accordance with the provisions of the initial contract product Si Berkah BMT Bina Insan Mandiri by usingÂ Mudarabah contract. with the percentage of profit sharing by 2% for customers and 98% for BMT Bina Insan Mandiri Branch Logawe the District Rengel District Tuban, this ratio could be taken advantage of each month or at the time of maturity. From the analysis the authors concluded that, lottery Umrah in mudarabah application at BMT Bina Insan Mandiri Branch Logawe the District Rengel District Tuban are aspects maslahah and harm the social and economic viewpoints society, lottery Umrah this be done, because there is a lack of certainty refund customers in full for two million dollars to customers who follow lottery Umrah and providing gifts Umrah is a third party that BMT Bina Insan Mandiri.

ANALISIS HUKUM ISLAM DAN PERDA KOTA SURABAYA NO. 1 TAHUN 1997 TERHADAP ALIH SEWA TANAH SURAT IJO Nadliyatul Mufidah
Maliyah : Jurnal Hukum Bisnis Islam Vol. 5 No. 2 (2015): Desember 2015
Publisher : Islamic Economic Law Programs, Faculty of Sharia and Law State Islamic University (UIN) of Sunan Ampel Surabaya.

Land and home is the most important necessity in everyone's life, in everyday life to meet the needs of the home as a residence for some people who do not have homes to meet these needs by leasing land owned by others for building his house. Lease is an agreement on something expediency containing specific purpose and permissible and receive a replacement or substitute with a particular skill, then it should be done under the provisions of shara '. However, the practice of lease made public Ambengan Batu Tambaksari Surabaya contrary to the argument and the terms of the lease. Results of this study concluded that there are fundamental similarities between Islamic law and regulation of Surabaya city No. 1 of 1997 on the practice Surat Ijo over the land lease is allowed to conduct transactions over the lease as long as it in accordance with the agreed terms. In addition there is a difference between Islamic law and regulation of Surabaya No. 1 of 1997 that the lease will end if the fulfillment of benefits that expiration of a predetermined. While in Surabaya City Regulation No. 1 of 1997 says that the land use permit Surat Ijo may be terminated if the land will be used for the benefit of the region and the land must be immediately vacated. So that the rights of lease will automatically come to an end even though there is still time permits.

TELAAH HUKUM ISLAM MENGENAI UTANG PIUTANG SISTEM IJO (NGIJO) Nur Afifatun Nadhiroh
Maliyah : Jurnal Hukum Bisnis Islam Vol. 5 No. 2 (2015): Desember 2015
Publisher : Islamic Economic Law Programs, Faculty of Sharia and Law State Islamic University (UIN) of Sunan Ampel Surabaya.

Ijo system (Ngijo) are farmers borrow money to collectors, the money will be paid with rice, with a standard or kwintalan size at harvest time. In practice the agreement Ngijo Village Sebayi the District Gemarang Madiun County only carried out by the farmer with the collectors only verbally and in the absence of witnesses, so that the interference village head or an authorized officer is not required, so Ngijo done only with mutual trust alone or by customs local. If farmers do defaults by not paying debts when the farmer has a crop, then the collectors do not hesitate to ask for money back and cancel the agreement, and if farmers are not able to provide rice at maturity (harvesting), then the farmer will give paddy season The next harvest rice by adding 5% for repayment. From the above results, it can be concluded that the first, the system of Ijo (Ngijo) conducted in the absence of witnesses caused the contract not perfect, which means the contract made invalid. Secondly, the system of Ijo (Ngijo) not including contract qard (debts) because of the mismatch between the principal amount of debt by the amount of the repayment, as well as the additional 5% of rice when farmers could not pay off the debt at maturity (harvest), which aims to take more profits for the muqrid, then the accounts payable system of Ijo (Ngijo) is not in accordance with Islamic law, because it belongs to the category of riba nasi'ah which is haram.

TINJAUAN HUKUM ISLAM TERHADAP TRADISI PRAKTIK NELON LAHAN PERTANIAN DI DESA GELAP KECAMATAN LAREN KABUPATEN LAMONGAN Muhammad Arif Saifuddin
Maliyah : Jurnal Hukum Bisnis Islam Vol. 5 No. 2 (2015): Desember 2015
Publisher : Islamic Economic Law Programs, Faculty of Sharia and Law State Islamic University (UIN) of Sunan Ampel Surabaya.

This study resulted in that tradition melon practices of agricultural land in the village of Laren Dark District of Lamongan. First, the formation of the contract agreement nelon agricultural land is only made orally by using the principle of mutual trust. Second, plant seeds derived from the manager to the provisions period based on the growing season. Third, the distribution of the results is done after harvest with a percentage of 1/3 to 2/3 to land owners and tenants. Fourth, the distribution of proceeds to the land owners in the initial contract dipanjari time of the agreement. Fifth, if the land does not produce anything or failed harvests, the only loss is borne by the tenant for loss that was not caused by a natural disaster. From these results we can conclude, that tradition nelon practices of agricultural land in the village of Laren Dark Lamongan District of permissible under Islamic law, but when the plant seedlings from tenants there that allow some scholars and some do not allow. Similarly, in the distribution of the results the percentage of 1/3 and 2/3 for the owner of the land to the tiller was legitimate in the mukabarah, and it is in accordance with the opinion of scholars and clerics Shafi'ites H{anabilah. Then, the results for the division of the land owners dipanjari at the beginning of the contract when the agreement was also valid in the muka>barah, while the percentage distribution of the result is determined at the beginning of the current contract agreement and the division of the results done after harvest or after calculating the pros and cons in mind.

DAMPAK PENYALURAN DANA ZAKAT PADA PROGRAM OPERASI KATARAK DI YAYASAN DANA SOSIAL ALFALAH (YDSF) SURABAYA Citra Nisaul Fadilah
Maliyah : Jurnal Hukum Bisnis Islam Vol. 6 No. 2 (2016): Desember 2016
Publisher : Islamic Economic Law Programs, Faculty of Sharia and Law State Islamic University (UIN) of Sunan Ampel Surabaya.

The practice of zakat fund distribution by YDSF Surabaya have some impact, both positive and negative. The positive impact is that many disadvantaged communities who will get better health levels, also make harmony in the social environment, while its negative impact lies in the tendency of the poor who will ultimately depend mercy of others. When analyzed using the concept of zakat in the concept of Islamic law, where the beneficiaries of cataract surgery in Surabaya YDSF belonging to the class of the poor, then giving alms to them in accordance with the provisions of Islamic law, particularly its provisions on mustahik zakat. As to the form of zakat itself in the form of assistance for free cataract surgery is not a problem, because there is no obligation of zakat distribution should be a basic requirement only. As God has commanded in surah al-Baqarah ayah 195 to always try and not let ourselves fall into perdition.

Page 6 of 14 | Total Record : 137

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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

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Abstract

Abstract

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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