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Faradila Hasan
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Rumah Jurnal IAIN Manado, Jl. Dr. S.H. Sarundajang, Kawasan Ringroad I, Malendeng Manado Kode Pos 95128, Sulawesi Utara, Indonesia.
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Al-'Aqdu: Journal of Islamic Economics Law
Published by Institut Agama Islam Negeri Manado
ISSN : 28077830     EISSN : 28077342     DOI : http://dx.doi.org/10.30984/ajiel
Core Subject : Religion, Economy, Humanities, Social,
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice
Al-Aqdu: Journal of Islamic Economics Law is registered with the ISSN number 2807-7830 (Print) and ISSN 2807-7342 (Online). It is a peer-reviewed journal published twice a year in June and December by the Shariah Economics Law Study Program, Faculty of Shariah, at the State Islamic Institute of Manado (IAIN Manado). Al-Aqdu: Journal of Islamic Economics Law is a communication medium between Shariah and Economic Law. The journal invites activists and experts in Shariah Economics Law and Economic Law to contribute their research findings related to the issues of Shariah Economics Law and Economic Law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
 1 
Search results for , issue "Vol 5, No 1 (2025): June" : 6 Documents clear
Comparative Study of Sukuk in the Sharia Capital Market: Evidence in Indonesia Mubarok, Anas Bayan; Witro, Doli; Nurjaman, Muhamad Izazi; Pitriani, Pitriani; Hibaturohman, Iib; Hida, Manarul
Al-'Aqdu: Journal of Islamic Economics Law Vol 5, No 1 (2025): June
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/ajiel.v5i1.3773

Abstract

This article discusses a comparative analysis of mudharabah sukuk, ijarah sukuk, and wakalah bi al-istithmar sukuk. This article aims to highlight and analyse the comparison of mudharabah sukuk, ijarah sukuk, and wakalah bi al-istitsmar sukuk so as to provide answers to the effectiveness and efficiency of the sukuk concept without denying the sharia principles in it. This research is in the form of a comparative study, namely a research procedure that compares interrelated variables by determining their differences and similarities. The data sources used come from books, classical text (yellow book), scientific article, website internet, theses, and fatwas related to the theme the author is taking. The results of the research in the article are: First, there are differences in the characteristics and schemes of mudharabah sukuk, ijarah sukuk, and wakalah bi al-istithmar sukuk, these three sukuk schemes are permissible because they are by predetermined rules. The differences that exist in these three types of sukuk do not mean that they are not allowed to make each other but can be done in different ways. Second, from this comparison, the author sees that investment in sukuk with certainly contract characteristics, especially ijarah sukuk, tends to be safer because of the certainty of the predetermined ujrah. Third, of the three types of sukuk, sukuk with a wakalah bi al-istitsmar scheme tend to be more flexible and easier to understand and implement. The level of risk and profit of the three is different, sukuk with certainly contracts tend to be safer but stable profits and tend to stagnate in contrast to sukuk that use uncertain contracts whose risks tend to be greater but there is a possibility of greater profits.
Constitutional Limits of Delegating Normative Authority to Non-State Bodies: The Case of Indonesia’s DSN-MUI Hulwanullah, Hikam; Serfiyani, Cita Yustisia; Sari, Mieke Yustia Ayu Ratna; Yudisetyo, Zerry Akbar; Pratista, Farida Prima
Al-'Aqdu: Journal of Islamic Economics Law Vol 5, No 1 (2025): June
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/ajiel.v5i1.3795

Abstract

This study examines the constitutional limits of delegating normative authority to non-structural religious bodies in Indonesia, focusing on the National Sharia Council of the Indonesian Ulema Council (DSN-MUI). As a private religious institution, DSN-MUI issues fatwas that are adopted by the Financial Services Authority, Bank Indonesia, and Sharia financial institutions as binding references in the regulation of Islamic finance. This delegation model raises fundamental constitutional questions regarding legality, accountability, and the distribution of power under the 1945 Constitution. Employing a normative legal method with statutory and conceptual approaches, the study finds that while DSN-MUI enjoys functional legitimacy in Sharia economic regulation, the absence of direct statutory basis and public oversight mechanisms poses risks to the principle of legality and checks and balances. The study recommends a co-regulation model where DSN-MUI fatwas must be formally adopted through state regulations and subject to transparent accountability mechanisms to ensure compliance with the rule of law and constitutional democracy.
The Synchronization of Classical Islamic Jurisprudence and National Regulations in the Distribution of Zakat fitrah to Islamic Boarding Schools in Indonesia Syairi, Ahmad; Amalia, Dini Rezki; Norliana, Novi
Al-'Aqdu: Journal of Islamic Economics Law Vol 5, No 1 (2025): June
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/ajiel.v5i1.3671

Abstract

The distribution of zakat fitrah (obligatory alms at the end of Ramadan) to pesantren (Islamic boarding schools) remains a subject of debate both in classical fiqh (Islamic jurisprudence) discourse and within the context of national zakat regulations in Indonesia. The lack of clarity regarding theological and juridical legitimacy creates ambiguity in the practice of distributing zakat fitrah to Islamic educational institutions. This research aims to analyze how zakat fitrah is positioned from a classical fiqh perspective, how zakat regulations in Indonesia govern its distribution to pesantren, identify gaps between the two, and formulate a synchronization model that can serve as a foundation for the legitimate and effective distribution of zakat fitrah to pesantren. The research employs a qualitative approach using the library research method. Primary data were obtained from fiqh texts of the four madhhabs (schools of Islamic jurisprudence), fatwas (religious legal opinions) of the Indonesian Council of Ulama (Majelis Ulama Indonesia), and formal regulations such as Law Number 23 of 2011 concerning Zakat Management. Secondary data include journal articles and related academic literature. Data analysis employs content analysis methods, incorporating thematic and comparative approaches, based on maqashid al-shari'ah (the objectives of Islamic law). Classical fiqh limits fi sabilillah (in the path of Allah) to physical jihad (struggle), but contemporary interpretation expands it to include Islamic education. Indonesian regulations do not provide explicit provisions regarding zakat fitrah distribution to pesantren, resulting in a diversity of practices in the field. Gaps are identified in aspects of recipients, interpretation of fi sabilillah, distribution mechanisms, and accountability. Case studies reveal distribution practices based on 'urf (custom) and local scholarly authority, particularly in Aceh and Java. A synchronization model based on shar'i (legal-religious) legitimacy, legal certainty, and accountability is needed through: regulatory affirmation of contemporary fi sabilillah, objective criteria for recipient pesantren, verification systems, and public education. This synchronization is essential to optimize the role of zakat as an instrument of welfare and empowerment of Islamic education in Indonesia.
Mystery Box Transactions in the Perspective of Fiqh Muamalah: A Validity Analysis Based on Gharar and Maysir Principles Hasan, Faradila; Niu, Fitria Ayu Lestari; Sumanta, Muhammad Julianto
Al-'Aqdu: Journal of Islamic Economics Law Vol 5, No 1 (2025): June
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/ajiel.v5i1.3856

Abstract

This study aims to analyze the validity of mystery box transactions from the perspective of fiqh muamalah (Islamic commercial jurisprudence) with a focus on the principles of gharar (uncertainty) and maysir (gambling). This qualitative research employs a literature review approach of 32 scientific articles (2001-2025) and is supported by interview data with mystery box consumers. Data analysis uses content analysis and thematic analysis techniques, organized into six discussion themes. Mystery box transactions do not meet the validity requirements of Islamic sale contracts as they contain elements of gharar (excessive uncertainty) due to unclear transaction objects and maysir (speculation) resembling gambling. This practice violates the principle of bayan (clarity), which is an essential requirement in contracts, and contradicts the concept of interadhin (mutual consent) in QS. An-Nisa verse 29. Although consumers are aware of the incompatibility of this practice with Sharia, entertainment motivation drives them to continue engaging in transactions. The absence of khiyar (inspection option) rights and potential seller exploitation further reinforce the fasid (invalid) status of these transactions. Conventional mystery box models are not Sharia-compliant and require fundamental modifications toward better transparency. Collaboration among consumers, business practitioners, regulators, scholars, and e-commerce platforms is needed to develop an alternative "halal mystery experience" that remains innovative yet compliant with muamalah principles, along with massive education on Sharia-based digital transactions for Muslim communities.
Challenging the Claim of Ijma' on the Prohibition of Bank Interest: A Critical Review of Murabahah Practices in Islamic Banking Yanti, Hani Esa; Aziz, Jamal Abdul
Al-'Aqdu: Journal of Islamic Economics Law Vol 5, No 1 (2025): June
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/ajiel.v5i1.3345

Abstract

The global Islamic finance industry is growing rapidly, with its primary legitimacy resting on the claim of ijmāʿ (scholarly consensus) regarding the prohibition of bank interest. However, murabahah contracts, which dominate 76.95% of Indonesian Islamic banking financing, have received structural criticism similar to that of the interest system. This study analyzes the validity of the ijmāʿ claim regarding the prohibition of bank interest, according to uṣūl al-fiqh (principles of Islamic jurisprudence), and examines whether murabahah practices contain elements that lead to the interest system. Qualitative research with descriptive-analytical and critical-evaluative library research approach using data from classical uṣūl al-fiqh texts (Khallaf, al-Shāfiʿī) and 33 journal articles (2000-2025). Analysis was conducted through data reduction, comparative analysis, critical-methodological evaluation, and source triangulation. The ijmāʿ claim regarding the prohibition of bank interest does not meet the requirement of an agreement among all mujtahids (qualified scholars capable of independent reasoning) without exception, due to ongoing disagreements and methodological debates; thus, it is more appropriately categorized as a jumhūr (majority) opinion. Murabahah practices contain three elements leading to the interest system: the bank's role as a disguised financier with risk transfer to customers, mark-up systems influenced by market interest rates and varying based on time period (implicit recognition of time value of money), and structural-functional similarity with interest-bearing financing confirmed by empirical studies (12.87% margin approaching conventional rates). The double inconsistency between methodologically invalid ijmāʿ claims and murabahah practices resembling interest creates risks of a credibility crisis. Reconstruction is necessary through genuine ownership, a real economy-based margin setting, transparency, reorientation towards PLS (Profit and Loss Sharing), and strengthened shari'ah supervision.
Perceptions of Faculty of Islamic Economics and Business (FEBI) Students on Sharia Labels: An Experience in Indonesia Sumanti, Eva; Helmina, Helmina
Al-'Aqdu: Journal of Islamic Economics Law Vol 5, No 1 (2025): June
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/ajiel.v5i1.3822

Abstract

This study highlights the knowledge of students at the Faculty of Economics and Islamic Business (FEBI) regarding the lack of information about LKS products labelled as sharia-compliant, so that this knowledge can later be applied in daily life in accordance with Islamic law. This study aims to determine the opinions, views, or perceptions of students at the Faculty of Economics and Islamic Business (FEBI) at one of the State Islamic Universities regarding sharia labels on various products offered by Sharia Financial Institutions (LKS). The study uses a qualitative research method. The data sources included primary sources from interviews with several FEBI students and secondary data from reference materials such as scientific articles (journals), books, and so on related to the research topic. The data collection methods used included interviews and documentation. The data analysis techniques used were data condensation, data presentation, and conclusion drawing. The findings of this study indicate that due to their status as academics in the field of Islamic economics and finance, students of the Faculty of Economics and Islamic Business (FEBI) have views on the sharia label on goods sold by Sharia Financial Institutions (SFIs). The use of sharia principles in the entire operating system and in the creation of SFI products is indicated by the sharia label on sharia products.

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