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Milkiyah: Jurnal Hukum Ekonomi Syariah
Published by Sekolah Tinggi Agama Islam Negeri Majene
ISSN : -     EISSN : 25498312     DOI : https://doi.org/10.46870/milkiyah
Core Subject : Religion, Economy, Humanities, Social,
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences
Jurnal ini menyediakan kajian empiris dan teori yang berkontribusi pada area keilmuan hukum ekonomi syariah, serta ekonomi dan bisnis Islam.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 54 Documents
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Penundaan Pembayaran Angsuran Kepemilikan Rumah: Telaah Empiris Sanksi Nasabah BSI Menurut Fatwa DSN-MUI No. 17/DSNMUI/IX/2000 Maya Kristia Ningsih; Abdul Wahab Abd Muhaimin; Umi Khusnul Khotimah
Milkiyah: Jurnal Hukum Ekonomi Syariah Vol. 2 No. 2 (2023): Milkiyah: Jurnal Hukum Ekonomi Syariah, August 2023
Publisher : Sekolah Tinggi Agama islam Negeri Majene

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46870/milkiyah.v2i2.504

Abstract

If customers make the delay in payment of home ownership financing installment, Bank Syariah Indonesia (BSI) will impose punishments in the form of warning letters for them. This research discusses the application of punishment (ta'zir), the accordance of sanctions (ta'zir) with Fatwa DSN-MUI No.17/IX/2000 concerning capable customers who delay payments, and the purpose of applying sanctions (ta'zir) for customers of BSI. The type of research used is qualitative research, with primary data obtained from interviews. The research object is BSI located in Central Jakarta. The empirical juridical approach is used to elaborate the research data. The results of this study reveal that the punishment (ta'zir) of BSI has been guided by the accordance of “Fatwa DSN-MUI NO:17/DSNMUI/IX/2000 Tentang Sanksi Nasabah Mampu Yang Menunda-nunda Pembayaran Angsuran Pembiayaan Kepemilikan Rumah Menggunakan Akad Murabahah”. In other words, the provisions of Fatwa DSN-MUI No. 17/DSN-MUI/IX/2000 concerning sanctions for capable customers who delay payments are in accordance with the practices applied by BSI as a bank under Islamic principle. in Indonesia. Punishments are imposed on customers who are capable but deliberately delay payments. In contrast, sanctions (ta`zīr) do not apply to customers who do not pay their installments due to force majeure or experience unwanted losses involving human factors.
Upah Jasa Plasma Breading Ikan Cupang Perspektif Hukum Ekonomi Syariah Andi Ardiyan Mustakim; Hidayatulloh
Milkiyah: Jurnal Hukum Ekonomi Syariah Vol. 2 No. 2 (2023): Milkiyah: Jurnal Hukum Ekonomi Syariah, August 2023
Publisher : Sekolah Tinggi Agama islam Negeri Majene

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46870/milkiyah.v2i2.544

Abstract

The Cupang fish plasma breading business seems popular in society. The price of Cupang fish plasma breading services is quite profitable because it depends on the success of the pupping process based on the number of puppies and the age of the puppies when taken back by the owner.  The purpose of this study is to analyze the transaction system and wages of Cupang fish plasma breading system from the perspective of fiqh muamalah. The type of this research is literature study. The approach used in this study was a normative juridical. Data analysis in this research was carried out in three stages, namely data reduction, data presentation, and data verification. The results of this study reveal that the terms used in the transaction are not a reference to legalize or prohibit plasma breading transactions. The transaction system carried out by Cupang fish plasma breading service providers is permissible in the perspective of fiqh muamalah because there are no elements of gambling, riba, fraud and not najis goods. The results of this study also found that the transaction pattern of Cupang fish plasma breading services uses ju'alah contract.
Optimalisasi Kinerja Lembaga Zakat, Infak, dan Sedekah melalui Self-Branding pada Media Sosial: Bukti dari LAZIS Jateng Surakarta Ellija Humaira; Asia Wati
Milkiyah: Jurnal Hukum Ekonomi Syariah Vol. 2 No. 2 (2023): Milkiyah: Jurnal Hukum Ekonomi Syariah, August 2023
Publisher : Sekolah Tinggi Agama islam Negeri Majene

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46870/milkiyah.v2i2.547

Abstract

The use of social media for marketing products of Zakat, Infaq, and Shadaqah Institution (LAZIS) is an effective alternative to promote to the general public, especially in today's society. This research aims to demonstrate the optimization of LAZIS performance in using social media as self-branding. This type of research is qualitative with a content analysis approach conducted at LAZIS Jateng Surakarta. This research reveals that self-branding on social media is used for the purpose of marketing products of LAZIS Jateng Surakarta which is implemented effectively. Dissemination of some LAZIS Jateng Surakarta products or programs can be channeled well to the general public compared to marketing using print media or voice broadcasts.
Waqf Funds for Higher Education in Malaysia and Bahrain: Drawing Lessons from the Experience Sulaiman Haroon Yaqoob Arab; Habeebullah Zakariyah
Milkiyah: Jurnal Hukum Ekonomi Syariah Vol. 2 No. 2 (2023): Milkiyah: Jurnal Hukum Ekonomi Syariah, August 2023
Publisher : Sekolah Tinggi Agama islam Negeri Majene

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46870/milkiyah.v2i2.659

Abstract

Changes have been made to the concept of state-funded education that has been prevalent worldwide for millennia. Many unfavourable budget cuts, particularly during the economic downturn, created a challenging fiscal position for Higher Education Institutions (HEIs). As state financing declines, public institutions are under pressure to find new and creative methods to make ends meet. Public HEIs in Malaysia are obligated to gain their revenue due to the country's restrictive budget policies. Establishing waqf or an endowment fund at the higher education/university is viewed as an innovative step toward financial sustainability. This research compares and contrasts the waqf funding for higher education in Malaysia and the Kingdom of Bahrain and draws lessons for the latter. To accomplish this, the qualitative method is employed. The paper finds that several universities in Malaysia have initiated waqf centres as per the strategic plan of the Ministry of Higher Education. They have implemented a sophisticated online procedure and cutting-edge technologies for collecting monetary contributions via cash waqf and other means to achieve this goal. In contrast, the waqf fund has been used in the Kingdom of Bahrain for either elementary school education or specialized study. The higher education in the Kingdom of Bahrain lack supporting their students and faculty members through this fund. Based on the findings of this research, it is recommended that Bahrain's universities follow the lead of waqf-based universities to achieve autonomy.
Determinants of Investment Decision Through Sharia Financial Technology Novianti, Fitria; Syamlan, Yaser Taufik
Milkiyah: Jurnal Hukum Ekonomi Syariah Vol. 3 No. 1 (2024): Milkiyah: Jurnal Hukum Ekonomi Syariah, February 2024
Publisher : Sekolah Tinggi Agama islam Negeri Majene

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46870/milkiyah.v3i1.662

Abstract

The level of investment through Islamic Peer-to-Peer (P2P) Lending ascends. This study aims to determine the direct effect of perceived behavioural control, perceived benefit, perceived easiness, and perceived risk on investment decision through sharia peer-to-peer lending.  The further purpose is to find out the indirect effect of perceived behavioural control, attitude toward investment, and subjective norm on investment decision through sharia peer-to-peer lending intervened by investment intention. Through primary data distributed using online questionnaire to residents who live in Indonesia and investing through Sharia Financial technology peer-to-peer lending platform, final sample was 135 respondents.  The data analysis technique used is Structural Equation Modelling Partial Least Square (SEM-PLS). The result of this study finds that there is a significant effect on the perceived behavioural control, perceived easiness, and perceived risk on investment decision through sharia peer-to-peer lending while the insignificant effect of sharia compliance and perceived benefit on investment decision through sharia peer-to-peer lending has been found. Subsequently, perceived behavioural control, attitude toward investment, and subjective norm have no effect at all on investment decision through sharia peer-to-peer lending intervened by investment intention.
How did its Charity Go? The Practice of Zakat Management in e-Commerce Platforms Zaimah, Nely Rahmawati; Zaman, Akhmad Roja Badrus
Milkiyah: Jurnal Hukum Ekonomi Syariah Vol. 3 No. 1 (2024): Milkiyah: Jurnal Hukum Ekonomi Syariah, February 2024
Publisher : Sekolah Tinggi Agama islam Negeri Majene

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46870/milkiyah.v3i1.758

Abstract

This study delves into the application of zakat within the realm of e-commerce platforms, specifically focusing on the accuracy and accountability of zakat calculation. It underscores the significance of assessing the precision and transparency of zakat collection and distribution within the digital landscape, particularly through platforms like Tokopedia. By employing a qualitative approach with investigative inquiry, the research facilitates a comprehensive comprehension of zakat practices within e-commerce. Data were gathered through thematic exploration, observation, and scrutiny of pertinent documents to ensure conformity with Sharia law. The research underscores the challenges associated with precise zakat calculation and accountability in reporting. Users necessitate clear guidelines for accurate zakat computation, including distinct benchmarks for gold and silver with regularly updated price parameters. Moreover, e-commerce platforms must guarantee transparency in zakat fund reporting. The establishment of policies for monitoring and supervising e-commerce platforms and integrated philanthropic entities is imperative. Additionally, the researcher advocates for further investigations to delve into user preferences concerning zakat practices and recommends collaborative endeavours among philanthropic bodies, governmental entities, and users to enhance charitable practices amidst the dynamic digital landscape.
The Standard for Allocating Zakat Social Funds as An Operational Expense of Nonprofit Organizations in Indonesia, Sudan and Algeria Febriandika, Nur Rizqi; Rohmah, Fatihah Annisa
Milkiyah: Jurnal Hukum Ekonomi Syariah Vol. 3 No. 1 (2024): Milkiyah: Jurnal Hukum Ekonomi Syariah, February 2024
Publisher : Sekolah Tinggi Agama islam Negeri Majene

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46870/milkiyah.v3i1.788

Abstract

Zakat in the socio-economic structure of society needs to be managed productively and professionally so that it leads the welfare of society. This study aims to reveal standards for the allocation of zakat social funds as an operational expense for nonprofit organizations. This research uses a descriptive qualitative type. We analyse secondary data retrieved in nonprofit organizations in three different countries (Indonesia, Sudan and Algeria). The result of the study revealed that Indonesia has two types of zakat management institutions, the National Amil Zakat Agency (BAZNAS) and Amil Zakat Institute (LAZ). Furthermore, Sudan possesses the Sudanese Zakah Chamber (SZC) or the Zakat Council and Algeria has Kotak Zakat. The pattern of zakat collection in Indonesia applies payments with a voluntary principle, however the zakat has been integrated with taxes so that they can submit claims for zakat payments. In Sudan, payments are made on the principle of mandatory for its citizens accompanied by sanctions for those who ignore it and nonmuslims are obliged to pay a social solidarity tax. Meanwhile, in Algeria, payments are made on a mandatory basis for private companies and voluntary for individuals. In addition, in the pattern of zakat distribution, the three countries distribute according to the guidance of the Qur'an (8 Asnaf) but have slight differences in the priority scale in which Indonesia prioritizes distribution to the poor, Sudan prioritizes the needs of each Mustahik and Muzakki is allowed to distribute to relatives as much as 20% of the obligatory zakat, meanwhile Algeria which prioritizes the poor, people in need and Fisabilillah. Then, the standard for the allocation of zakat social funds that may be taken as operational costs for nonprofit organizations handling zakat in the three countries is 12.5%.
Zakat and Waqf Managament in Indonesia and Pakistan: A Comparative Study Marenza, Silvya Eka; Karimuddin, Karimuddin
Milkiyah: Jurnal Hukum Ekonomi Syariah Vol. 3 No. 1 (2024): Milkiyah: Jurnal Hukum Ekonomi Syariah, February 2024
Publisher : Sekolah Tinggi Agama islam Negeri Majene

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46870/milkiyah.v3i1.805

Abstract

Zakat and waqf should be managed well so that they benefit society. This comparative study aims to analyse and compare the management practices of zakat and waqf in Indonesia and Pakistan. This study employs descriptive-comparative approach by analysing relevant literature, policies, and institutional frameworks in the management of zakat and waqf between Indonesia and Pakistan. Findings of this study reveal that both countries focus on strengthening transparency and accountability in the collection, distribution, and utilization of zakat and waqf funds. Nevertheless, there is a need for increased collaboration and coordination between government institutions, non-governmental organizations, and other stakeholders involved in zakat and waqf management in Indonesia and Pakistan. This study is significant because it has the potential to inform policies and strategies that can maximise the positive impact of zakat and waqf funds, resulting in more inclusive and equitable societies in both countries.
Food Buying and Selling without Halal Labels: Case Review in BPJPH of South Sumatera Bobby, Muhammad; Rahmadani, Adela
Milkiyah: Jurnal Hukum Ekonomi Syariah Vol. 3 No. 1 (2024): Milkiyah: Jurnal Hukum Ekonomi Syariah, February 2024
Publisher : Sekolah Tinggi Agama islam Negeri Majene

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46870/milkiyah.v3i1.834

Abstract

This study has conducted a small survey at the mini market in Palembang. There are so many foods in circulation that do not yet have a halal label and there are also foods that are labelled halal but contain many dangerous ingredients. This case should be questioned to the Halal Product Guarantee Agency known as BPJPH so that the aim of this study is to examine the legality of purchasing and selling non-halal food products and demonstrate it under the perspective of Sharia Economic Law. In this study, field research was used, using data through interviews with related parties and collecting documentation, then the data was built and analysed using qualitative research methods. The finding of the study discloses that the opinion of the Halal Product Guarantee Agency of the Ministry Religious Affairs in South Sumatera, still allows food that has not been halal-labelled to be sold. Products that do not yet have a halal certificate are not immediately punished but are still given the opportunity to take care of halal certification until 17 October 2024 and have been regulated in Article 33 of the Law of the Republic of Indonesia No. 33 of 2014. The Halal Product Guarantee policy is needed by the community. Therefore, the government continues to strive to accelerate Halal Certification, especially MSME perpetrators. Also, this certification aims to benefit the community so that they consume food and drinks that have legal certainty.
Online Donation for Charitable Giving: The Case of Yayasan Kebaikan Ummat Apriliani, Selvi; Susilawati, Cucu
Milkiyah: Jurnal Hukum Ekonomi Syariah Vol. 3 No. 1 (2024): Milkiyah: Jurnal Hukum Ekonomi Syariah, February 2024
Publisher : Sekolah Tinggi Agama islam Negeri Majene

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46870/milkiyah.v3i1.848

Abstract

The burgeoning trend of online donations has assumed prominence within society. This research endeavors to elucidate the intricacies involved in the collection, management, and distribution of online donation by Yayasan Sinergi Kebaikan Ummat. It seeks to identify the contractual frameworks employed in the online donation process, while also examining the legal dimensions of online donations through the lens of Sharia Economic Law. The type of this research is qualitative. Data collection techniques encompass indirect observation, interviews, and documentation review. The data analysis is underpinned by the premise that muamalah activities, whether conducted directly or indirectly, are permissible unless explicitly proscribed. The legal framework governing muamalah derives from the Qur'an and Hadith, which establish the principles congruent with Sharia, aimed at fostering societal justice. The findings of this research reveal that Yayasan Kebaikan Ummat, acting as a campaigner, assumes the role of a third-party intermediary in the donation process. Here, the donor represents the first party, while the online platform serves as the second party. The process of raising donations involves several contractual arrangements, including ijarah, wakalah bil ujrah, and jualah contracts, all of which entail the provision of wages (ujrah). The administration fee established by the platform, termed ujrah, serves as compensation for the campaigner's fundraising assistance. Consequently, online donations facilitated through these platforms are permissible, primarily due to the incorporation of the tabarru' contract within the arrangement.

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