cover
Contact Name
Mu'adil Faizin
Contact Email
muadilfaizin27@gmail.com
Phone
+6285783356289
Journal Mail Official
muamalah@metrouniv.ac.id
Editorial Address
St. Ki Hajar Dewantara 15A Iring Mulyo, East Metro, Metro City, Lampung Province, Indonesia, Postcode 34111. Phone : 0725-41507, Fax: 0725-47296
Location
Kota metro,
Lampung
INDONESIA
Mu'amalah : Jurnal Hukum Ekonomi Syariah
ISSN : -     EISSN : 29864712     DOI : https://doi.org/10.32332/muamalah
Mu`amalah specializes in the study of sharia economic law, as well as conducting scientific publications containing research articles on sharia economic law to support the development of Islamic jurisprudence. This journal is published twice a year in the January-June period and the July-December period by the Metro State Islamic Institute.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
Search results for , issue "Vol. 3 No. 2 (2024)" : 6 Documents clear
Exploring Intellectual Property Issues in Counterfeit Shoe Purchases: A Sociological and Sharia Economic Law Perspective Nurhayati, Siti; Muafa, Muhamad Syafik; Kuriawan, Cecep Soleh; Soimah, Zakiyatus
Mu’amalah: Jurnal Hukum Ekonomi Syariah Vol. 3 No. 2 (2024)
Publisher : Institut Agama Islam Negeri Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/muamalah.v3i2.9235

Abstract

Copyright is part of the branch of Intellectual Property Rights which is important for the public to understand. Copyright protection is an important issue in a free market economy. Copyright protection starting from Islamic law and also MUI Fatwa Number 1/MUNAS VII/MUI/15/2005 concerning Intellectual Property Rights certainly provides legal protection for creators. In reality, the behavior of purchasing KW shoes is considered normal by society. The aim of this research is to determine the purchasing behavior of KW shoes by students of the Sharia Economic Law Study Program, Sharia Faculty, IAIN Kediri, and analyze it in a sociological review of Islamic law. This research is field research with a qualitative descriptive approach with sociological analysis of Islamic law. The data collection method used is through observation, interviews and documentation with students who are directly related to the research. The data that has been obtained is then analyzed and concluded. The results of this research show that students of the Sharia Economics Law Study Program purchased KW shoes by purchasing them in offline stores and online stores. There are several motivations for students to buy KW shoes, namely the ease of finding KW shoe products, wanting to get the latest models, variations and colors, cheap and negotiable prices. The factors behind students buying KW shoes are economic, cultural and understanding of Islamic law. The level of religious practice and application of the MUI Fatwa to students regarding the purchase of KW shoes is still quite low because in practice students emphasize the economic side rather than rules that are in accordance with sharia. Understanding and practice of Islamic law is still quite low, giving rise to a lack of legal compliance with the importance of respecting the rights of others.
Assessing The Regulation of Tiktok Shop by The Minister of Trade Through Maqashid Syariah Rifky Pratama, Muhammad; Piracha, Fatimah
Mu’amalah: Jurnal Hukum Ekonomi Syariah Vol. 3 No. 2 (2024)
Publisher : Institut Agama Islam Negeri Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/muamalah.v3i2.9309

Abstract

Integrating social media platforms in commercial activities introduces complex challenges, particularly in consumer protection, economic justice, and alignment with ethical and legal standards. This study aims to analyze the Minister of Trade’s regulation on TikTok Shop through the lens of Maqashid Syariah to assess its compatibility with Islamic moral values and legal principles. Adopting a qualitative research methodology utilizes a formal literature review and content analysis to examine the relevant provisions of the regulation. The findings indicate that current laws governing online commerce require further adaptation to better align with the principles of Maqashid Syariah, ensuring fairness, sustainability, and societal welfare in digital transactions. This research contributes to the ongoing discourse on strengthening the regulatory framework for online commerce, promoting ethical standards, and fostering a more equitable and sustainable business environment. The study also offers a foundation for policy development that supports the growth of online commerce in a manner that benefits all stakeholders while adhering to Islamic principles of justice and public welfare.
The Moderating Role of Shariah Compliance in Millennials' Adoption of Digital Financial Transactions at Bank Muamalat Irsyam, Muh; Syaparuddin; Marzuki, Sitti Nikmah; Strech, David E
Mu’amalah: Jurnal Hukum Ekonomi Syariah Vol. 3 No. 2 (2024)
Publisher : Institut Agama Islam Negeri Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/muamalah.v3i2.9459

Abstract

This study aims to analyze the moderating role of Sharia compliance in influencing the relationships between attitude, subjective norm, and perceived behavioral control variables towards the adoption of digital Islamic networks in financial transactions. Questionnaires were distributed to 204 respondents, and the data were analyzed using a regression approach with SmartPLS version 4 software, then interpreted through the Theory of Planned Behavior (TPB) concerning Sharia compliance. The results indicate that Sharia compliance and perceived behavioral control play a central role in shaping individual behavior in financial transactions. However, Sharia compliance has not been able to moderate attitude, subjective norm, and perceived behavioral control towards the adoption of digital Islamic networks. This suggests that Sharia compliance does not significantly influence how individuals form attitudes, subjective norms, or perceived behavioral control regarding the adoption of the technology. The study suggests that the paradigm shift in financial transactions within the Islamic community should encompass efficiency, transparency, and innovation in accordance with Sharia principles. These findings illustrate a fundamental shift in the convergence of religious values and advancements in financial technology. This study contributes pioneering insights to the literature, focusing on Sharia compliance. It introduces Sharia compliance as a significant moderating factor impacting perceived behavioral control and the adoption of digital Islamic networks.
Establishing Warehouse Receipts as Debt Guarantees in Indonesia’s Sharia Economic Law Hastarini, Arvita; Ariesta Wibisono Anditya; Elza Qorina Pangestika
Mu’amalah: Jurnal Hukum Ekonomi Syariah Vol. 3 No. 2 (2024)
Publisher : Institut Agama Islam Negeri Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/muamalah.v3i2.9693

Abstract

This study addresses Indonesian farmers' challenges in accessing credit due to limited collateral options recognized by financial institutions. Farmers often struggle with capital access, as their agricultural products are not classified as eligible collateral under existing regulations. As a result, they cannot use their crops as collateral due to the absence of legal provisions. The research aims to answer two main questions: How can the position of Warehouse Receipts be recognized as a Debt Guarantee Right in Indonesian law? What is the execution power of Warehouse Receipt guarantees if the debtor defaults? This study analyzes the relevant laws and regulations using a normative juridical research method with a statutory approach. The findings reveal that Law No. 9/2006 (amended by Law No. 9/2011) established a legal framework for Warehouse Receipts, transforming them from proof of custody into evidence of property rights. This legal recognition enables Warehouse Receipts to be used as collateral, providing farmers an avenue to access credit. Furthermore, the study concludes that the execution of Warehouse Receipt guarantees is enforceable in cases of debtor default, offering enhanced legal certainty for creditors.
Leveraging Qardhul Hasan Practices from Zakat Funds Through Maqasid Shariah: Lessons From Indonesia and Malaysia Ahyani, Hisam; Mutmainah, Naeli; Adnan, Nurul Ilyana Muhd; Solehudin, Ending; Rahman, Encep Taufik; Huda , Miftakhul
Mu’amalah: Jurnal Hukum Ekonomi Syariah Vol. 3 No. 2 (2024)
Publisher : Institut Agama Islam Negeri Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/muamalah.v3i2.9718

Abstract

This study examines the practice of qardhul hasan funded by zakat through the perspective of maqasid sharia, focusing on case studies in Indonesia and Malaysia. Qardhul hasan, defined as an interest-free loan, presents a promising method for effectively utilizing zakat funds; however, its implementation within the framework of Islamic law remains a subject of ongoing debate. A qualitative approach was employed, including content analysis and semi-structured interviews with experts in zakat and Islamic law. The findings indicate that maqasid sharia provides a strong foundation for implementing qardhul hasan, particularly in supporting post-pandemic economic recovery. It is crucial to establish clear parameters and guidelines to ensure that qardhul hasan practices adhere to sharia principles and achieve the goal of social justice. This research advances the current understanding of qardhul hasan by highlighting its potential impact on zakat management and economic recovery. Additionally, it encourages zakat policymakers and practitioners to focus on developing effective systems aligned with maqasid sharia and emphasizes the need for ongoing evaluation and trials to enhance zakat's role in societal welfare.
Legal Relationship between TikTok Affiliates and TikTok Sellers after the Enactment of Ministry of Trade Regulation No. 31 of 2023 under Sharia Economic Law Ryan Ivan Bahtiar; Faizal, Bhismoadi Tri Wahyu; Akhmad Farid Mawardi Sufyan
Mu’amalah: Jurnal Hukum Ekonomi Syariah Vol. 3 No. 2 (2024)
Publisher : Institut Agama Islam Negeri Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/muamalah.v3i2.9863

Abstract

The existence of a legal relationship often underlies collaboration between parties, including between TikTok affiliates and TikTok sellers. The enactment of Ministry of Trade Regulation No. 31 of 2023 has changed the mechanism of TikTok's affiliate system, affecting the legal relationship between these parties. However, previous studies have not adequately explored the legal implications of these changes, particularly from the perspective of Sharia economic law. This study is a normative-empirical legal research employing a qualitative method and a juridical-sociological approach. Data were collected through observation, literature review, and interviews. The study distinguishes itself by combining doctrinal legal analysis with field-based empirical insights and by incorporating Islamic legal principles into digital commercial practices. The findings categorize TikTok affiliate mechanisms into two types. First, commission-based affiliates do not require prior approval from sellers, thus lacking a formal legal relationship. Second, affiliates who enter into cooperation contracts with sellers, which implies a legal relationship, although often weakened by the informal nature of these agreements. From the perspective of Sharia economic law, the first category aligns with a ju’alah contract, while the second involves a valid work-based contract. The study contributes new insights into the classification and legal strength of digital affiliate relationships under both state and Sharia law, especially in light of recent regulatory reforms

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