cover
Contact Name
Zulhamdi
Contact Email
zulhamdi@iainlhokseumawe.ac.id
Phone
+6285260308908
Journal Mail Official
alhiwalah@iainlhokseumawe.ac.id
Editorial Address
Jl. Medan - Banda Aceh, Alue Awe, Kec. Muara Dua, Kota Lhokseumawe, Aceh 24352
Location
Kota lhokseumawe,
Aceh
INDONESIA
Al-Hiwalah : Journal Syariah Economic Law
ISSN : -     EISSN : 29630304     DOI : https://doi.org/10.47766/alhiwalah
Jurnal Hukum Ekonomi Syariah (Online/ elektronik) yaitu jurnal ilmiah peer review yang fokus menyebarluaskan hasil penellitian di bidang Fikih, Hukum Ekonomi Islam, Fiqh Muamalah, dan Ekonomi Syariah. Jurnal ini diterbitkan oleh Jurusan Hukum Ekonomi Syariah Fakultas Syariah Institut Agama Islam Negeri Lhokseumawe bekerjasama dengan Rumah Jurnal LPPM IAIN Lhokseumawe.
Articles 47 Documents
Conceptual Analysis of Musyarakah Mutanaqishah Contract and its Implementation in Islamic Banking Rahmah, Salimatur; Hastriana, Anna Zakiyah
Al-Hiwalah: Journal of Sharia Economic Law Vol. 4 No. 1 (2025): Al-Hiwalah : Journal Syariah Economic Law
Publisher : Department of Islamic Economic Law, Faculty of Sharia, Sultanah Nahrasiyah State Islamic University, Lhokseumawe

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47766/al-hiwalah.v4i1.5258

Abstract

The concept of Musyarakah Mutanaqishah contract is one form of partnership contract in Islamic banking that is rapidly developing as an alternative financing, where the bank and the customer together provide capital for a business and the bank will gradually reduce ownership of the business along with payments by the customer. In this contract, the customer does not only act as a borrower, but also as a partner in sharing profits and losses based on the proportion of each capital contribution. The implementation of Musyarakah Mutanaqishah in Islamic banking provides a solution for financing the purchase of assets such as houses or vehicles while maintaining sharia principles, including the prohibition of usury, gharar, and maysir. In practice, the Musyarakah Mutanaqishah contract is not only beneficial for both parties, but also provides a sense of justice and transparency in transactions. However, the implementation of this contract still faces challenges in terms of operations, regulations, and market understanding that need to be continuously developed in order to maximize its benefits. This article aims to analyze the basic concept of Musyarakah Mutanaqishah, its implementation mechanism in Islamic banking products, as well as the challenges and opportunities faced in its implementation.
The Transformation of Risk Management in Islamic Financial Institutions: A Sharia Economic Law Perspective Desky, Harjoni; Zulhamdi, Zulhamdi; Savitri, Asmah
Al-Hiwalah: Journal of Sharia Economic Law Vol. 4 No. 1 (2025): Al-Hiwalah : Journal Syariah Economic Law
Publisher : Department of Islamic Economic Law, Faculty of Sharia, Sultanah Nahrasiyah State Islamic University, Lhokseumawe

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47766/al-hiwalah.v4i1.6060

Abstract

Risk management in Islamic financial institutions presents a unique challenge due to the dual necessity of aligning with conventional management practices and the legal-ethical framework of Sharia. The central problem of this research is the lack of integration between evolving risk management practices and the foundational principles of Sharia Economic Law, which often leads to either operational inefficiency or potential non-compliance with Islamic legal norms. This disconnect becomes more critical due to increasing financial complexity, technological innovation, and regulatory demands. Therefore, this study addresses the following research question: How is risk management transforming within Islamic financial institutions, and to what extent does this transformation comply with the principles of Sharia Economic Law? The study also explores whether such transformation strengthens the Islamic finance sector's legal certainty, stakeholder trust, and institutional resilience. This research adopts a qualitative-descriptive method with a normative legal approach. Data were collected through document analysis of legal provisions, fatwas, and risk management frameworks used in selected Islamic financial institutions. In-depth interviews with Sharia board members and risk officers from Islamic banks were also conducted to capture practical insights and legal reasoning. The findings show that the transformation of risk management in Islamic financial institutions is occurring on three fronts: technological adoption (e.g., AI and big data for risk analysis), regulatory compliance alignment (integration of OJK and DSN-MUI standards), and internal policy development grounded in maqashid al-shariah. However, the study finds inconsistencies between implementation and Sharia legal standards, particularly in credit and liquidity risks, where conventional models are still dominant. The research concludes that a robust Sharia Economic Law framework and ethical managerial reform is essential to ensuring that risk management practices in Islamic financial institutions mitigate risk and uphold Islamic legal and moral obligations
Legal Compliance in the Implementation of Sharia Savings Loans and Financing Business Activities in Cooperatives Tarmidzi, Tarmidzi; Ni'am, Muhammad Syukron; Inayati, Anindya Aryu
Al-Hiwalah: Journal of Sharia Economic Law Vol. 4 No. 2 (2025): Al-Hiwalah : Journal Syariah Economic Law
Publisher : Department of Islamic Economic Law, Faculty of Sharia, Sultanah Nahrasiyah State Islamic University, Lhokseumawe

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47766/al-hiwalah.v4i2.6165

Abstract

This study analyzes the legal compliance of cooperatives in implementing sharia financing and the role of the Sharia Supervisory Board (DPS) in maintaining compliance with sharia principles, as well as the obstacles faced. This research is an empirical juridical research that reviews the implementation of the Regulation of the Minister of Cooperatives and Small and Medium Enterprises Number 16/Per/M.KUKM/IX/2015 and DSN-MUI Fatwa No. PER-01/DSN-MUI/X/2017. The approach used is a legislative approach. The data in this study was analyzed using a qualitative descriptive method. The results of the study show that the main obstacle faced is the problem of liquidity, especially when there is a massive withdrawal of funds ahead of the holiday, as well as the low understanding of members on the principle of muamalah. Cooperative compliance with related regulations is supervised by DPS and reported to DSN-MUI. However, supervision and education still need to be improved. It is necessary to strengthen liquidity reserves, improve fund disbursement procedures, and continuous training for DPS and cooperative members to improve Islamic financial literacy and the effectiveness of cooperative operational supervision. This research contributes to strengthening the understanding of cooperative law compliance and the strategic role of the Sharia Supervisory Board (DPS) in maintaining sharia compliance and cooperative operational stability, as well as providing practical recommendations for strengthening supervision and education of cooperative members.
Sharia Pawnshop Strategy in Improving Financial Literacy in the Mandailing Natal Community Mardatilla, Rista; Hamid, Azwar; Muhammad, Samsuddin
Al-Hiwalah: Journal of Sharia Economic Law Vol. 4 No. 2 (2025): Al-Hiwalah : Journal Syariah Economic Law
Publisher : Department of Islamic Economic Law, Faculty of Sharia, Sultanah Nahrasiyah State Islamic University, Lhokseumawe

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47766/al-hiwalah.v4i2.6449

Abstract

This study discusses how the actual strategy carried out by Islamic pawnshops in increasing financial literacy of the community both directly and indirectly, Islamic pawnshops are also one of the (IKNBS) which have an important role in socializing the importance of Islamic economics in the midst of Muslim society. So the purpose of this study is to find out how important financial literacy is in the community and the strategies carried out by Islamic pawnshops in increasing financial literacy of the Mandailing Natal community. This research method uses qualitative research, the data sources used are primary data and secondary data, the data collection techniques are by conducting observations, interviews and documentation, the data analysis techniques carried out are by conducting data reduction, data presentation and conclusions. The results of this study indicate that Islamic financial literacy at UPS Pegadaian Syariah Mandailing Natal has a good understanding of the principles of Islamic finance which is very important for the community, especially Muslims. Then Pegadaian UPS Pegadaian Syariah Mandailing Natal has successfully implemented various strategies to improve sharia financial literacy in the community since its establishment in 2015. With government support and compliance with the regulations of the Financial Services Authority (OJK), the literacy programs they run target various community groups such as entrepreneurs, private employees, civil servants, and the general public.
The Role of the State Budget in Realizing Public Welfare through Optimizing State Spending Fatin, Jihan; Zahara, Usfa; Zulhamdi, Zulhamdi
Al-Hiwalah: Journal of Sharia Economic Law Vol. 4 No. 2 (2025): Al-Hiwalah : Journal Syariah Economic Law
Publisher : Department of Islamic Economic Law, Faculty of Sharia, Sultanah Nahrasiyah State Islamic University, Lhokseumawe

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47766/al-hiwalah.v4i2.6534

Abstract

The State Budget (APBN) is the primary instrument used by the Indonesian government to manage state finances and achieve national development goals. APBN management reflects the state's commitment to realizing public welfare through targeted resource allocation. This article aims to examine various types of state expenditure within the APBN structure, including personnel expenditure, goods expenditure, capital expenditure, debt interest payments, subsidies, grants, social assistance, other expenditures, and transfers to regions. Using a descriptive-analytical approach, this article discusses the role and function of each type of expenditure in supporting national development and public services. Understanding the structure of state expenditure is expected to contribute to the evaluation of fiscal policy and the strengthening of state financial governance. The conclusion of this study confirms that optimizing state expenditure allocation is key to achieving inclusive and sustainable development.
Distribution of Expiation for Non-Muslims: Analysis of the Ta'lili Method of Reasoning Regarding the Case of Kaffarat Ikbal, Muhammad; Abdullah, Abdullah; Zulhamdi, Zulhamdi
Al-Hiwalah: Journal of Sharia Economic Law Vol. 4 No. 2 (2025): Al-Hiwalah : Journal Syariah Economic Law
Publisher : Department of Islamic Economic Law, Faculty of Sharia, Sultanah Nahrasiyah State Islamic University, Lhokseumawe

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47766/al-hiwalah.v4i2.6736

Abstract

Mujtahids do not create, but only discover laws. This is because of the Islamic belief that laws are created by God as the lawmaker (al-Shari'). Humans/mujtahids only understand (fiqh) the divine law. The process of understanding the law is called istinbaht al-hukm through an intellectual activity called ijtihad. The legal results obtained through istinbath ijtihad are called fiqh. The purpose of discovering the law must be understood by mujtahids in order to develop legal thought in Islam in general and address contemporary legal issues whose cases are not explicitly regulated by the Quran and Hadith. Therefore, by applying various methods, it is hoped that laws can be found to solve various problems that arise. This journal will attempt to describe the ta'lili method of discovering law. Based on a study of the concepts of ta'lili reasoning regarding the distribution of kaffarat oaths to non-Muslims, conclusions can be drawn, namely: First, the obligation to pay kaffarat oaths as contained in the Al-Qur'an surah al-Maidah verse 89, is mukhayyar, namely freeing slaves, providing food or clothing, if you are unable to carry out these three things, you are obliged to fast for three days. Second, Abu Hanifah r.a. does not require a believing slave to be the target of an oath of infidelity. Abu Hanifah r.a. does not turn the word muthlaq away from muqayyad, he gives charity to the common word (muthlaq). Third, it is permissible to free ahl al-dzimmah (non-Muslim) slaves as sworn inmates and also provide food or clothing to ahl al-dzimmah (non-Muslims). Because of the statement on the issue of distributing kafarat oaths, there is no specific text that recommends giving them to believers. Fourth, giving kafarat oaths to ahl al-dzimmah (non-Muslims) in terms of maqâshid syariyyah is almost the same as giving zakat to converts, namely to persuade their hearts to Islam.
The Urgency of Contemporary Fiqh Muamalah in Addressing Modern Socio-Economic Problems Yusriadi, Yusriadi; Nazaruddin, Nazaruddin; Safarna, Alfitra
Al-Hiwalah: Journal of Sharia Economic Law Vol. 4 No. 2 (2025): Al-Hiwalah : Journal Syariah Economic Law
Publisher : Department of Islamic Economic Law, Faculty of Sharia, Sultanah Nahrasiyah State Islamic University, Lhokseumawe

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47766/al-hiwalah.v4i2.6502

Abstract

The development of science demands the actualization of humanity in various aspects of life. The most obvious impact of this modernization is the emergence and growth of various new problems, especially within the scope of Islamic law. Often, the various problems we face require us to seek solutions from a Muslim perspective. In response to these disappointments, contemporary fiqh has emerged as a discipline worthy of in-depth study. This paper contains an explanation of the implicit form of contemporary fiqh, both in terms of its meaning, object, and field of study, the differences between contemporary fiqh and fiqh fiqh, and the importance of studying contemporary fiqh for every Muslim. The research technique used is documentary research with a descriptive and clear background, with the aim of explaining the study precisely and in-depth. The conclusion of this study is that contemporary fiqh (Islamic jurisprudence) is a problem in Islamic law that exists in the current or contemporary era and was not encountered in the era of the Prophet Muhammad or his companions. Therefore, its legal status must be determined through the ijtihad process of mujtahids, referring to fundamental sources of Islamic law, such as the Quran, hadith, and others.