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Al-Hiwalah : Journal Syariah Economic Law
Published by Institut Agama Islam Negeri Lhokseumawe
ISSN : -     EISSN : 29630304     DOI : https://doi.org/10.47766/alhiwalah
Core Subject : Religion, Economy, Social,
Religion Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice
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.
Arjuna Subject : Ilmu Sosial - Ilmu Sosial (Lain-Lain)
Articles 92 Documents
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Regulation of the Minister of Trade No. 31 of 2023 on E-Commerce Business on the Tiktok Platform: An Analysis of Sharia Economic Law Nurlinda Nurlinda; Muhammad Dayyan; Zulfikar Daud
Al-Hiwalah: Journal of Sharia Economic Law Vol. 3 No. 2 (2024): 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.v3i2.4790

Abstract

This study aims to analyze the Regulation of the Minister of Trade Number 31 of 2023 which regulates the use of TikTok as an e-commerce platform from the perspective of Sharia Economic Law. TikTok, which was originally a social media platform, has now transformed into one of the e-commerce platforms that is popular with the public, especially the younger generation. This Regulation of the Minister of Trade provides regulations related to business permits, transparency, and transaction security, which aim to protect consumers and business actors. However, from the perspective of Sharia Economic Law, there are principles such as justice (al-‘adl), balance (al-mizan), and welfare (maqashid syariah) that must be met. This study uses a normative juridical method with an analytical descriptive approach to identify the conformity of these regulations with Sharia principles, as well as the impact of regulations on halal and profitable digital economic activities. The results of the study show that Permendag Number 31 of 2023 is largely in line with the principles of Sharia Economic Law, namely prioritizing aspects of fairness and transaction security, but several points still require further adjustment to be more in line with Sharia values. This study provides recommendations to the government to pay attention to Sharia aspects in the development of digital economic regulations in Indonesia.
Gold Dowry in Acehnese Traditional Marriage: Das Sein and Das Sollen in Pidie Community Practices Muhammad Ikhsan; Husnaini Hasbi; Abdullah Ishak
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.v4i1.4793

Abstract

Abstract: Dowry in marriage is the right of a wife which is the obligation of the husband, in Acehnese customs the dowry is generally in the form of gold. Dowry known as jeulamee or jeunamee has a different value in each district/city in Aceh, some have a value of 1 (one) may equivalent to 3.3 grams, and some have a value of 1 mayam equivalent to 3 grams. The problem arises when the price of buying and selling gold increases, which makes some people postpone their marriage because gold is getting more expensive daily, plus the dowry that must be prepared ranges from 10-30 mayam. Related to this problem, how do das sein and das sollen Pidie society determine the amount of dowry, and how do the parties decide when the price of buying and selling gold increases. Qualitative research is the method used, focusing on field research as a primary source. The first finding in the practice of the Pidie community, das sein society should have married when they were financially and emotionally ready plus an understanding of religion related to the household to avoid unnecessary conflicts. However, Das Sollen found that some people postpone their marriage because of capital constraints, including the dowry which is not a small amount plus the reception or walimatul ursy which also requires large capital. The family in this problem has different views or opinions on how to deal with this problem, generally, both parties will take a middle path in the form of deliberation to achieve win-win solutions.
Legal and Ethical Challenges in Developing Islamic Financial Products : A Contemporary Perspective Nawawi Yazid; Muhammad Nawawi
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.v4i1.4890

Abstract

The development of Shariah-compliant financial products has become an integral part of the global banking and finance industry. This article examines the legal and ethical challenges faced in the development of Shariah-compliant financial products from a contemporary perspective. These challenges include strict adherence to Shariah principles, effective supervision and regulation, as well as ethical considerations in handling customer funds. In the context of the evolving financial technology (fintech) innovation, this article also explores how Shariah-compliant financial products can harness this technology without compromising the integrity of Shariah principles. Additionally, we identify recent trends and changes in Shariah-compliant financial products and analyze the social and economic impact of successful development in this area. This article also presents innovative approaches and solutions to address the legal and ethical challenges encountered, with the aim of promoting sustainable growth of Shariah-compliant financial products in line with Shariah principles. This research is expected to provide valuable insights to financial practitioners, regulators, and researchers interested in the development of Shariah-compliant financial products in the contemporary era.
Application of Ujrah Discounts on Pawn Products at BSI Kc Bojonegoro According To Sharia Economic Law Milda Al Baqiyyatus Sholihah; Achmad Yasin
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.v4i1.4971

Abstract

This research focuses on the application of ujrah discounts in pawn products implemented by Bank Syariah Indonesia (BSI) Bojonegoro Branch Office and analyzes its conformity with the principles of Sharia Economic Law. Sharia pawning, as one of the superior products of sharia banking, involves a contract between the bank and the customer where the customer hands over goods as collateral for the loan provided by the bank. In this agreement, the bank charges an ujrah fee in exchange for storage and maintenance services for collateral. However, with increasingly tight competition between sharia financial institutions, BSI KC Bojonegoro developed a marketing strategy in the form of providing discounts on ujrah fees applied. The research method used is qualitative-descriptive with data collection techniques through interviews, observation and documentation. The research results show that providing ujrah discounts at BSI KC Bojonegoro is carried out as a marketing strategy to attract customers and increase competitiveness. From the perspective of Sharia Economic Law, the application of this discount is considered in accordance with sharia principles as long as it does not violate the terms of the contract and transparency is maintained.
Buying and Selling Food Without Price Labels: The Perspective of Law No. 8 of 1999 and Islamic Law Muhammad Julijanto; Merdikaning Anastiti
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.v4i1.5148

Abstract

Buying and selling food without a price tag impacts buyers, but this is regulated in Law No. 8 of 1999 and Islamic law. This study aims to determine the implementation of buying and selling without price tags in Angkringan and buying and selling food without price tags from the perspective of Law No. 8 of 1999 and Islamic Law. This research methodology uses field research and qualitative research. The data sources used are primary data sources and secondary data sources. This research is located in Angkringan, Ngringo Village, Jaten District, Karanganyar Regency. Data collection techniques are carried out through observation, interviews, and documentation. The data analysis techniques used are data reduction, data presentation, and conclusions. The results of this study can be concluded that the implementation of buying and selling food at the Angkringan of Ngringo Village, Jaten District, Karanganyar Regency is carried out by taking or ordering a system, then eating and paying at the end. Five Angkringan business actors are passive regarding price information, and there is one business actor who takes the initiative to include prices. Buying and selling without a price tag violates the provisions of Article 7 of Law Number 8 of 1999. A contract, already contains elements of jahalah, ikrah, dharar, so the sale and purchase are said to be khiyar disgrace.
Conceptual Analysis of Musyarakah Mutanaqishah Contract and its Implementation in Islamic Banking Salimatur Rahmah; Anna Zakiyah Hastriana
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 Harjoni Desky; Zulhamdi Zulhamdi; Asmah Savitri
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
Reform of Hijab Heirs and Substitutes in the Islamic Inheritance Law System in Indonesia: Analysis of the Ta'lili Method of Reasoning for Grant Wills For Left Behind Heirs According to Syafi'iyah Fiqh Muhammad Ikbal; Rusjdi Ali Muhammad; Muslim Zainuddin; Hafidh Ruhaimi
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.v4i1.5252

Abstract

The fundamental provisions of inheritance distribution in Islam refer to QS. An-Nisa’ verse 7, which guarantees inheritance rights for both men and women from the estates of parents and relatives. This is further clarified by a hadith narrated by Imam al-Bukhari regarding the position of grandchildren as substitutes for children in inheritance. However, there are differences in interpretation between Shafi'i jurisprudence (fiqh) and the Compilation of Islamic Law (KHI) regarding the implementation of these texts. This research employs a normative juridical method with a literature study and a descriptive-analytical approach to examine existing legal conceptions. The results indicate a classification of solutions for excluded (terhalang) heirs as follows: First Group: For grandchildren (orphans) of a son whose father predeceased the testator, the granting of a mandatory bequest (hibah wasiat) is obligatory. This is based on the nas (text) of the bequest verse, which remains applicable to them as close relatives who do not receive a direct share of the inheritance. Second and Third Groups: For siblings who are shielded (terhijab) and the dzawil arham group (other substitute heirs), the granting of a bequest is recommended (sunnah). In conclusion, reform through the instrument of hibah wasiat serves as a juridical solution to manifest justice for relatives who are normatively barred from receiving inheritance. This approach balances the legal certainty of the nas with social welfare for family members in need.
The Concept of the Poor in Islamic Fiqh and Its Relevance to Legal Aid Aabdul Hamid; Muhibbuththabary Muhibbuththabary; Jabbar Sabil
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

Abstract

The definition of the poor in Islamic jurisprudence encompasses various aspects in identifying individuals eligible to receive legal aid and social assistance such as social assistance (Bansos), Zakat, and the Family Hope Program (PKH), and also includes economic criteria and basic needs that must be met. This demonstrates the alignment between the principles of fiqh and contemporary social policies. This study is a prescriptive normative legal analysis; in analyzing legal materials, the researcher employs a legislative and comparative approach by drawing on references from the literature. Subsequently, the researcher analyzes these legal materials qualitatively, specifically through comparative data analysis methods, comparison is used to contrast fiqh and legislation regarding the fiqh-based definition of the poor and needy in relation to recipients of legal aid. The research findings indicate that: (1) Those currently classified as the poor and needy are individuals or families without access to steady employment; (2) The right to legal aid is actually just one aspect of access to justice.  Access to justice means “being treated fairly under the law; if one is not treated fairly, one will not receive the rights to which one is entitled.” The consequence of the principle of equality before the law is that everyone has the right to be treated equally before the law, including the poor who face legal problems. (3) The principle of equality before the law is not interpreted merely as equality in the eyes of the law, but rather as equality of access to the legal system and justice.
Integration of the Principles of Al-Ghunm bi Al-Ghurm and the Prohibition of Dhaman in Mudharabah: A Normative Analysis of DSN-MUI Fatwa No. 115/2017 Edy Saputra; Amrizal Amrizal Hamsa; Mohammad Ridwan; Hamdanil; Putri Alya Sabina
Al-Hiwalah: Journal of Sharia Economic Law Vol. 5 No. 1 (2026): 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.v5i1.7549

Abstract

This study analyzes the integration of the principles of al-ghunm bi al-ghurm and the prohibition of liability on a trustee (al-amīn) in mudharabah contracts, particularly within DSN-MUI Fatwa No. 115/2017, and evaluates its consistency with contemporary Islamic financial practices. This research employs a normative legal approach using descriptive-analytical and interpretative methods based on library research of classical fiqh literature, legal maxims, fatwas, and relevant scholarly works. The findings reveal that both principles are conceptually integrated into a coherent normative framework governing risk allocation and liability, as reflected in the determination of profit-sharing ratios (nisbah), the prohibition of fixed returns, and the allocation of losses to the shahib al-māl except in cases of negligence, misconduct, or breach of contract. However, contemporary practices demonstrate significant deviations through guarantee mechanisms, profit smoothing, and risk-averse institutional strategies, which tend to shift the model from risk-sharing to risk transfer. The study contributes by proposing an integrated analytical framework that unifies these two legal maxims, which have largely been examined separately in previous studies, thereby offering a more systematic basis for evaluating Shariah compliance in mudharabah. It concludes that although the normative integration is well-established, its practical implementation remains inconsistent and requires stronger alignment between Islamic legal principles and institutional practices.

Page 8 of 10 | Total Record : 92

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