cover
Contact Name
Hairus Saleh
Contact Email
hairus.saleh@uingusdur.ac.id
Phone
+6287850584379
Journal Mail Official
el_hisbah@uingusdur.ac.id
Editorial Address
Jl. Pahlawan Rowolaku, Kec. Kajen, Pekalongan, Jawa Tengah, Indonesia. PO.BOX 51161
Location
Kota pekalongan,
Jawa tengah
INDONESIA
el hisbah: Journal of Islamic Economic Law
ISSN : 27975819     EISSN : 28282981     DOI : https://doi.org/10.28918/el_hisbah
The journal publishes research articles and conceptual articles of Sharia Economic Law. Focus and scope Basic Study of Sharia Economic and Business Law, Contemporary Study of Sharia Economic and Business Law, Sharia Economic and Business Dispute Resolution.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 132 Documents
Tinjauan Hukum Islam Terhadap Praktik Penggunaan Label Produk Makanan yang Menggunakan Kata Menyeramkan di Pekalongan Mayangsari, Putri Ayu; Khasanah, Karimatul
el hisbah Journal of Islamic Economic Law Vol 1 No 2 (2021)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/elhisbah.v1i2.629

Abstract

Lately, in Indonesia, food and beverage products are rife that use scary names. In Pekalongan itself there are also restaurants or home products that use scary names, including: Mie Setan Geprek; Satan's Botok and Devil's Claw Mbak Ilma. Therefore, it is important to know how to use these names in the perspective of Islamic law. This research is an empirical legal research using a sociology of law approach. The results of this study indicate that in positive law there are no rules that prohibit the use of scary words for food labels, so it is okay to use scary words on food product labels. However, according to Islamic business ethics and MUI Fatwa Number 4 of 2003 concerning Standardization of Halal Fatwa, food product labels should not use the word scary because it is not in accordance with Islamic law. The importance of food products using names that are in accordance with Islamic ethics is also in line with the enactment of Law Number 33 of 2014 concerning Halal Product Guarantee where food products must have a halal certificate, while one of the requirements to be certified halal is to meet the criteria set by MUI considering BPJH cooperate with MUI in issuing decisions to determine halal products.
Tinjauan Hukum Islam Terhadap Praktik Jual Beli Ikan Dalam Basket Dengan Akad Bai’ Al Muzayadah Di Tpi Klidang Lor Batang Arzaq, Muhammad Rofiu; Hamid, Abdul; Mubarok, Riskon Mubarok
el hisbah Journal of Islamic Economic Law Vol 2 No 1 (2022)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/elhisbah.v2i1.705

Abstract

The practice of buying and selling fish using Baskets has become a community tradition at the Klidang Lor Batang Fish Auction Place in terms of buying and selling fish by auction using Baskets which in practice causes many problems, including differences in fish quality or mixed fish species in one basket. The purpose of the study was to describe the process of buying and selling fish in baskets with a Bai' Al Muzayadah contract at TPI klidang lor Batang and to know the review of Islamic law on the process of buying and selling fish in baskets at TPI klidang lor Batang. This type of research is a field research with descriptive analysis using a qualitative approach, the source of the data collected is primary data taken from direct locations both fish sellers (bakul), fishermen, TPI Ikan Klidang Lor Batang using the interview method, observation, documentation, and secondary data obtained from the literature. Based on the results of the study, the sale and purchase of fish in Basket with the Bai' AL Muzayadah contract is included in the 'Urf, which is a custom from the past. The practice of auctioning using baskets is allowed according to Islamic law (this transaction is categorized as permissible or permissible as long as there is no evidence that forbids it), the khiyar right is applied as a problem solver if you get fish that does not match the quality.
Implementasi Fatwa Dsn-Mui No: 107/Dsn-Mui/X/2016 Tentang Pedoman Penyelenggaraan Rumah Sakit Berdasarkan Prinsip Syariah Di Rumah Sakit Qolbu Insan Mulia Batang Tsaury, Assilmi Kaffatan Ats; Kholil, Makrum
el hisbah Journal of Islamic Economic Law Vol 2 No 1 (2022)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/elhisbah.v2i1.706

Abstract

A hospital can be categorized as a sharia hospital if it is in accordance with DSN-MUI Fatwa No: 107/DSN-MUI/X/2016 concerning Guidelines for Hospital Operations Based on Sharia Principles as a reference. DSN MUI Fatwa No. 107/DSN-MUI/X/2016 on October 01, 2016 has set the conditions that must be met by every hospital that uses a Sharia-based system. So there is a difference between a General Hospital (RSU) and a Sharia Hospital. Recently, many hospitals have implemented sharia principles, especially in the aspect of their services, one of which is the Qolbu Insan Mulia Batang General Hospital. Therefore, this study aims to analyze and describe the implementation of the DSN-MUI Fatwa No: 107/DSN-MUI/X/2016 at Qolbu Insan Mulia Batang Hospital whether the service aspect is in accordance with the DSN-MUI Fatwa No: 107/DSN- MUI/X/2016. This type of research is a field research using a qualitative approach. Determination of research informants using purposive sampling technique, the authors apply several criteria or conditions in determining research subjects. The data analysis used descriptive qualitative. Based on the results of the study, it can be seen that the management system of the Qolbu Insan Mulia Batang RSU in applying sharia principles which include contracts, services, drugs, food and beverages and fund management is not fully in accordance with the DSN-MUI fatwa no. 107/DSN-MUI/X//2016.
Praktik Jual Beli Jizaf Pada Benih Padi Siap Tanam Rumuzi, Moh.; Rahmawati, Rita; Inayati, Anindya Aryu
el hisbah Journal of Islamic Economic Law Vol 2 No 1 (2022)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/elhisbah.v2i1.707

Abstract

The sale and purchase of jizaf on ready-to-plant rice seeds, is a buying and selling practice where farmers sell ready-to-plant rice seeds by hand and tie them together. In this sale and purchase there is no clarity in size, and the measurement is only based on the grip of the hand, whereas in essence the size of each person's palm is different, some are large, some are small. In addition, the strength of the grip affects the content of the rice seeds, so there is no uniformity in the quantity of the dose in this sale and purchase. This type of research is a field research with a qualitative approach. Sources of data in the form of primary data obtained by observation and interviews with sellers and buyers, and secondary data sources obtained by documentation techniques. The data were analyzed using interactive model qualitative data analysis techniques. The results of the study concluded, the sale and purchase of ready-to-plant rice seeds in Lebo Village was in accordance with the pillars and terms of buying and selling by means of jizaf. Another factor in the permissibility of this buying and selling is that there is a great benefit in it, the benefit in terms of doing muamalah to help each other. This buying and selling practice is a habit of the local community ('urf), urf in this sale and purchase is a valid urf and does not conflict with Islamic teachings and can be used as a legal basis.
Analisis Hukum Islam dan Hukum Positif Terhadap Akad Jual Beli Makanan Dengan Tambahan Pajak Nutqi, Prisma Winda; Khasanah, Karimatul
el hisbah Journal of Islamic Economic Law Vol 2 No 1 (2022)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/elhisbah.v2i1.708

Abstract

The Sari Raos Restaurant in the Pekalongan City branch is one of the taxpayer restaurants that is the focus of the author's research, because the tax burden on buyers is not notified at the beginning of the sale and purchase agreement. The purpose of this study is to find out the provisions of positive law and Islamic law on food buying and selling contracts with additional taxes and to analyze food buying and selling contracts with additional taxes at Sari Raos Restaurant Pekalongan City branch. This research includes empirical legal research that uses primary data and secondary data. The data collection techniques were carried out by observation, interviews and documentation. Based on the results of the study, the practice of buying and selling food with additional taxes at the Sari Raos Restaurant in the Pekalongan City branch if viewed from a positive law, the imposition of food taxes is a necessity that has been regulated in Law Number 28 of 2007 concerning General Provisions and Tax Procedures (KUP). ) and strengthened by Regional Regulation Number 2 of 2013 concerning Amendments to the Regional Regulation of Pekalongan City Number 4 of 2011 concerning Restaurant Tax. However, in the regulations there are no specific rules regarding the procedure for collecting it, so in practice in the field, different methods are often found. As for the method used by the Sari Raos Restaurant in the Pekalongan City branch, when viewed from the perspective of positive law in Indonesia, there are no contradictory things. However, if you use the perspective of Islamic law, the existence of a tax imposition that is not notified is possible to contain an element of gharar because the object requirements in the form of a price are not clarified at the beginning of the contract.
Implementasi Fatwa Nomor 25/DSN-MUI/III/2002 Dalam Akad Gadai Emas Hanggara, Dimas Tomy; Jalaludin, Akhmad; Ainul Yaqin
el hisbah Journal of Islamic Economic Law Vol 2 No 1 (2022)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/elhisbah.v2i1.715

Abstract

The purpose of this study was to determine the practice of pawning gold, the implementation of the DSN MUI fatwa no. 25/DSN-MUI/III/2002 regarding Rahn and the reasons why the DSN MUI fatwa no. 25/DSN-MUI/III/2002 was not fully implemented. At PT. Pekalongan Sharia Pawn Services. This type of research is a field research (field-research) with the object of research is the implementation of the fatwa DSN MUI number 25/DSN-MUI/III/2002 in the gold pawn contract at PT. Sharia Pawn Services. Sources of data in the form of primary and secondary data, primary data obtained by observation and interview techniques while secondary data obtained by documentation that is utilizing sources of books, journal articles, websites or websites. And the data analysis used descriptive qualitative which was concluded by means of inductive thinking. The conclusion of this study is that the implementation of the DSN MUI fatwa no. 25/DSN-MUI/III/2002 regarding rahn.at PT. The Sharia Pawn Service has been in accordance with its practice, although in the sales process it is not in accordance with the provisions of the MUI DSN fatwa, but the purpose of the sale of collateral goods that are not redeemed in accordance with the MUI DSN fatwa is to pay off debtors' debts and pay their ujrah.
Penarikan Uang Kembalian sebagai Donasi Prespektif Hukum Ekonomi Syariah Qutronnada, Arriza; Kholil, Makrum; Hediati, Teti
el hisbah Journal of Islamic Economic Law Vol 2 No 1 (2022)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/elhisbah.v2i1.716

Abstract

This article examines the withdrawal of change as a donation to the Retail Franchise at Alfamart Kebonsari Petarukan Pemalang. His writing was inspired by the fact that Alfamart's management had difficulty in providing second change, so the policy was to choose change into donations. The problem is how to practice withdrawing money as a donation, how and how to practice withdrawing money from the perspective of Sharia Economic Law. This research uses an approach approach other than that the data sources used are primary and secondary data sources, primary data sources are direct data sources obtained by interview and observation techniques while the primary data sources in this study are sellers, buyers, cashiers. While secondary data sources are obtained from other sources such as books, journal articles, and other information that will be discussed by researchers as supporters. With an approach approach, the results of the study show that: the practice of withdrawing change as a donation at the Retail Franchise at Alfamart Kebonsari Petarukan Pemalang is carried out voluntarily, without coercion from consumers; and the amount generated is very large, because it is distributed to the poor, so withdrawal of change as a contribution in Economic Law is allowed because it is suitable for worship.
Pembiayaan Perumahan Syariah Berbasis Akad Murabahah bil Wakalah dalam Perspektif Fatwa DSN No.04/DSN-MUI/IV/2000 Rahmadini, Tasyana; Trigiyatno, Ali; Yaqin, 'Alamul
el hisbah Journal of Islamic Economic Law Vol 2 No 1 (2022)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/elhisbah.v2i1.720

Abstract

The main problem of this research is how Islamic housing financing based on murabahah bil wakalah contract at PT Bank BTN Syariah Pekalongan branch office and sharia housing financing based on Murabahah bil Wakalah contract at PT. Bank BTN Syariah Pekalongan Branch Office in Perspective of Fatwa DSN No.04/DSN- MUI/IV/2000. The purpose of this study was to determine Islamic housing financing based on the Murabahah bil wakalah contract at PT Bank BTN Syariah Pekalongan Branch Office and Islamic housing financing based on the Murabahah bil Wakalah contract at PT Bank BTN Syariah Pekalongan Branch Office in the Perspective of Fatwa DSN No.04/DSN- MUI/IV/2000. This type of research is a field research (field-research) with a qualitative approach. Sources of data in the form of primary and secondary data, primary data obtained by interview and observation techniques while secondary data obtained by documentation. The subject of this research is PT. Bank BTN Syarih Pekalongan Branch Office and Customers. while the object is the settlement in accordance with the DSN Fatwa No.04/DSN-MUI/IV/2000 in the Murabahah bil Wakalah contract. And data analysis using descriptive qualitative. This research can be concluded that the implementation of the Murabahah bil Wakalah contract fulfills the financing requirements and is not in accordance with the DSN Fatwa No.04/DSN-MUI/IV/2000 because in the practice of the Murabahah bil Wakalah contract, this financing performs the contract before the goods are fully owned by the bank.
Jasa Titip (JASTIP) Barang Prespektif Hukum Islam dan Hukum Positif : (Studi Kasus Pemilik Akun Instagram @azkaestu) Satria, Yusca; Abadi, Khafid; Askari, Saif
el hisbah Journal of Islamic Economic Law Vol 2 No 1 (2022)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/elhisbah.v2i1.730

Abstract

Goods delivery service (jastip) is a service assistance service to buy certain goods that are presented through web-based media, and for this assistance the perpetrators of the delivery service will receive fees or wages. The owner of the Instagram account @azkaestu provides this web-based buying and selling service by applying the price of goods and estimates combined with the cost or wage rate for the service if the customer does not ask directly, and does not explain what the cost of the store is. Based on the above background, the formulation of the problem in this study are: 1. How is the practice of goods deposit services on the @azkaestu Instagram account owner?, 2. What is the perspective of Islamic law on goods deposit services?, 3. What is the positive legal perspective on goods deposit services? ? The conclusion that can be drawn is the mechanism for determining ujrah on the @azkaestu Instagram account by entering administrative wages which are combined into the product cost price called include. The wage rate for administration usually ranges from 10-50% of the product cost and this depends on the operational services of the goods or the needs of the custodians. Meanwhile, the positive legal view on online application-based transactions involving online deposit services is essentially an engagement.
Efektivitas Kebijakan Merger Bank Syariah Indonesia (BSI) dalam Revitalisasi Pembangunan Ekonomi Berbasis Syariah Rahim, Wahida; Supardin, Ikhlas; Gasali, Ikhsan
el hisbah Journal of Islamic Economic Law Vol 5 No 1 (2025)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/elhisbah.v5i1.10768

Abstract

Indonesia as a country with a majority Muslim population has an urgency to develop a sharia-based economic system as a just alternative in facing conventional economic dynamics. This study aims to analyze the effectiveness of the merger policy of Bank Syariah Indonesia (BSI) in supporting the strategy of revitalizing economic development based on sharia principles and improving community welfare. The method used is normative qualitative research with a social approach and descriptive analysis of secondary data in the form of regulations, institutional documents, and academic publications on Islamic economics. The results of the study show that BSI as a combination of three state-owned Islamic banks is not only able to strengthen the national sharia economic structure, but also become a motor for digital transformation, strengthening human resources, and financial inclusion for middle-to-lower business actors. Thus, BSI's merger policy can be declared effective. This research contributes to the development of an Islamic economic development model that is oriented towards the benefit of the ummah and emphasizes the importance of collaboration between the state, financial institutions, and society in realizing welfare based on sharia values.