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Faradila Hasan
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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 69 Documents
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Exceptio Non Adimpleti Contractus in the Sale and Purchase Agreement of a Kiosk at Baruga Market, Kendari: A Study of Hifz Al-Mal Alham Jaya Kusuma; Rachmadani Rachmadani; Andi Novita Mudriani Djaoe; Arini Pratiwi; Lian Mulyani Muthalib; Fatihani Baso; Rahmawati Rahmawati
Al-'Aqdu: Journal of Islamic Economics Law Vol 5, No 2 (2025): December
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/ajiel.v5i2.3935

Abstract

This study discusses the application of the principle of exceptio non adimpleti contractus in kiosk sale and purchase contracts at Baruga Market in Kendari. Exceptio non adimpleti contractus is used as a legal defense to delay or refuse the performance of obligations until the other party to the contract fulfills their obligations. Previous studies have extensively discussed this principle normatively in general contracts, but empirical studies are still limited in cases of kiosk sales and their relationship with maqasid sharia as a form of property protection in muamalah practices in traditional markets. The purpose of this study is to analyze how this principle is applied in kiosk sale and purchase contracts and to examine its compatibility with the principle of maqasid syariah, particularly hifz al-mal (protection of property). The method used was empirical legal research, where primary data was obtained from interviews and agreement documents, while secondary data was obtained from relevant literature. The results of the study show that the contract stipulated a kiosk price of IDR 80,000,000. The payment obligation has been partially fulfilled, with the buyer paying the first installment of IDR 40,000,000 but failing to pay the second installment of IDR 40,000,000. In the agreement, Article 10 stipulates that if one party violates the agreement, it shall automatically become void. The seller then used the principle of exceptio non adimpleti contractus to refuse to hand over the kiosk because his rights had not been fulfilled. From the perspective of maqasid syariah, this principle reflects the principle of hifz al-mal, which is to protect the assets of both parties by withholding the performance of obligations until the other party's obligations are fulfilled. This finding contributes to the debate on Sharia contract law by providing empirical evidence of the application of this principle in the context of traditional markets. This study recommends that contracting parties pay more attention to exception clauses and develop clear mechanisms for default
The Competition between Conventional and Islamic Banks in the History of Indonesian Banking: Product Transformation, Regulatory Dualism, and the Reconstruction of Islamic Economic Mhd. Rasidin
Al-'Aqdu: Journal of Islamic Economics Law Vol 5, No 2 (2025): December
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/ajiel.v5i2.4564

Abstract

The development of Islamic banking has given rise to legal and product-related disputes, as normative differentiation often goes hand in hand with operational adaptations to national conventional banking practices. Islamic banking in Indonesia has developed within a dual banking system that combines Sharia principles, national regulations, market pressures and the needs of modern institutions. This study analyses the transformation of legal recognition, product changes and regulatory dualism to formulate a more coherent reconstruction of Islamic economic law. The research employs a normative legal methodology through legislative, historical, conceptual and comparative approaches to examine the development of Islamic banking within the Indonesian context. Data were sourced from laws, regulations, fatwas, journal articles, books, institutional reports and relevant academic documents, collected using documentation techniques. The analysis was conducted qualitatively through the stages of data condensation, data presentation, drawing conclusions, and verifying the consistency of norms and the implementation of Islamic banking. The findings indicate that the legal recognition of Islamic banks has developed gradually towards institutionalisation through regulation, institutional expansion, and the strengthening of Indonesia’s dual banking system. Regulation has also driven product innovation, standardisation of contracts, risk management, and operational adaptation, whilst simultaneously resulting in both differentiation and convergence with conventional banks. The study emphasises the need for multi-tiered harmonisation through normative coherence, proportional differentiation, the strengthening of Sharia governance, and the integration of economic and social welfare. Further research should employ a socio-legal approach, empirical data, longitudinal analysis, and cross-jurisdictional comparisons to test the effectiveness of the proposed regulatory restructuring.
Green Economy Construction in the Medina Charter: Integration of Maqashid Sharia and Communicative Action Theory Erwan Setyanoor; Kurniati Yunus; Noor Hasanah; Mir’atun Hasanah; Mowafg Masuwd
Al-'Aqdu: Journal of Islamic Economics Law Vol 6, No 2 (2026): Issue in Press
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/ajiel.v6i2.4547

Abstract

This study analyzes the Medina Charter as a historical-juridical foundation for reconceptualizing Islamic economic law and contemporary muamalah based on sustainability principles. Utilizing a qualitative approach with a library research method, this research integrates contemporary Maqasid al-Shari'ah theory (specifically the pillar of hifz al-bi'ah), Green Economy theory, and Habermas's Theory of Communicative Action. The findings demonstrate that the designation of the Yathrib Valley as a haram (sacred) zone (Article 39) served not only as a political-security consensus but also as an early form of ecological conservation regulation that restricted the exploitation of natural resources. Furthermore, the charter's anti-mafsadah principles and distributive justice lay the ethical foundation for organizing an inclusive Islamic financial market. From a legal-practical perspective, the charter's core values of ta'awun (mutual assistance) and joint financial cost-sharing provide historical legitimacy for structuring contemporary muamalah contracts. This is reflected in the framework of Green Sukuk based on DSN-MUI fatwas, the governance of productive Green Waqf regulated by the Financial Services Authority (OJK), and the transformation of the ma'aqil tradition into a risk-protection scheme based on the tabarru' contract in Takaful. Consequently, the Medina Charter proves to provide a normative blueprint connecting muamalah contract compliance with modern green financial governance.
Strategic Management of Zakat, Infaq, and Shodaqoh (ZIS) in Improving the Economy of Rice Farmers in Tanggul Wetan Village Ach. Faqih Supandi; Hikmatul Lutfiah; Khusnul Khotimah; Vidian Anggraeni; Imam Rosidi; Muhammad Mashur Arifin
Al-'Aqdu: Journal of Islamic Economics Law Vol 6, No 2 (2026): Issue in Press
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/ajiel.v6i2.4529

Abstract

This study aims to analyse the practice of zakat, infaq and shodaqoh (ZIS) among rice farmers in Tanggul Wetan Village, Tanggul Sub-district, Jember Regency, and to formulate a ZIS management strategy for improving their economy. The study used a descriptive approach. Primary data were obtained through observation and interviews with 30 Muslim rice farmers who pay zakat, selected by purposive sampling. The findings show that farmers continue to pay agricultural zakat after the harvest, generally in the form of unhusked rice, and still give infaq and sadaqah when their harvest has not reached the nisab. ZIS is collected and distributed mainly through mosque committees or given directly to neighbours in need, although these committees do not yet qualify as amil under Law No. 23 of 2011. ZIS assistance helps beneficiaries meet household food needs, frees part of their income for education, health care and production costs, and strengthens social ties within the community. The study concludes that ZIS can serve not only as social assistance but also as an instrument of economic empowerment for rice farmers if it is managed in a planned, targeted, productive and sustainable manner through planning, organising, actuating (collection and distribution) and controlling (monitoring and evaluation).
Digital Gold Savings and Household Financial Resilience: An Islamic Economic Law Perspective on Women Users of Tring! by Pegadaian Salma Nasywa Mufayidah; Andriani Samsuri; Dia Nur Avita Sari; Grand Colin Amdhana Priin Putra
Al-'Aqdu: Journal of Islamic Economics Law Vol 5, No 2 (2025): December
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/ajiel.v5i2.4635

Abstract

This study examines how digital gold savings are perceived to support household financial resilience among women users of the Tring! by Pegadaian application, and how this practice can be understood from the perspective of Islamic economic law. Using a qualitative case study, in-depth interviews were conducted with four women who manage family finances and had used the application for at least three months. Five indicators of financial resilience guided the analysis: forming an emergency fund, meeting unexpected needs, controlling consumptive spending, saving consistently, and relying less on consumer debt. The findings show that informants saw gold savings as a way to separate reserve money from daily spending. Once converted into gold, money became harder to spend on impulse, and the reserve was used or set aside for health and education needs. Resilience remained partial, since balances were small, saving still depended on monthly income, and gold carries price risk and a gap between buying and selling prices. From an Islamic economic law perspective, the practice reflects the protection of wealth (hifz al-mal) and restraint from excess (israf), while its legitimacy depends on meeting the conditions for gold transactions in DSN-MUI Fatwa No. 77/DSN-MUI/V/2010, particularly constructive possession (qabd hukmi). The study contributes to the discussion of sharia-compliant fintech by showing that, for households, the value of digital gold savings lies less in investment returns than in the deliberate separation of reserve funds.
Sharia Gold Installments at BSI and a Conventional Pegadaian Outlet in Mandau Annisa Diva Pratiwi; Dama Mustika
Al-'Aqdu: Journal of Islamic Economics Law Vol 6, No 2 (2026): Issue in Press
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/ajiel.v6i2.4563

Abstract

Gold installment (cicil emas) products are marketed to Muslim customers as Sharia-compliant, yet their legal construction varies across institutions and delivery channels. This study compares the gold installment scheme of Bank Syariah Indonesia (BSI) with Pegadaian's Sharia gold installment product in Mandau District, Bengkalis Regency, Riau, where no certified Pegadaian Sharia unit operates and the product is sold through a conventional outlet. The study adopts an empirical-normative (socio-legal) qualitative design: data from interviews with the officer responsible for the product at each institution, observation and official product information were evaluated against the relevant DSN-MUI fatwas. BSI combines murabahah with rahn and applies a fixed margin of 9%–13.5% per year, tenors of 12–60 months and a ta'zir fine under Fatwa No. 17/DSN-MUI/IX/2000. At the Pegadaian outlet, the officer described a rahn-secured loan with a tariff of 0.92% per month of the appraised gold value, consistent with Pegadaian's published tariff and also called sewa modal, tenors of 3–36 months and a gradual fine of up to 4% per month. BSI's scheme is broadly compliant, provided that BSI owns the gold before concluding the murabahah contract. Pegadaian's tariff is permissible if it fixes a murabahah price, as Pegadaian's publications state, although it is costlier than BSI's margin at the same tenor. Under the loan construction described at the outlet, however, it becomes a return on a loan and raises a riba concern. The study recommends Sharia service windows, staff training and clearer disclosure of contracts, fees and the allocation of fines.
QRIS Transaction Records as Modern Kitabah? Bookkeeping Limits and Sharia Implications for Indonesian MSMEs Khofifatul Khairiyah; Lilik Rahmawati
Al-'Aqdu: Journal of Islamic Economics Law Vol 5, No 2 (2025): December
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/ajiel.v5i2.4608

Abstract

This article asks whether the transaction history generated by QRIS (Quick Response Code Indonesian Standard) can serve the purposes that Islamic economic law assigns to the recording of transactions, and what sharia issues sit inside the contracts and fees behind a QRIS payment. The study combines a normative-juridical reading of QS al-Baqarah 282 to 283, classical tafsir, DSN-MUI fatwas and Bank Indonesia regulations with an integrative review of 21 studies published between 2019 and 2025 and selected through a documented search of Google Scholar, GARUDA, SINTA, DOAJ and Scopus. Ibn 'Ashur's objectives of wealth (circulation, clarity, protection, firmness and justice) frame the analysis. The review suggests three things. First, a QRIS record covers only one part of the bookkeeping cycle: incoming non-cash sales. It leaves cash sales, purchases, credit, expenses and owner withdrawals to the owner. Second, the record fits the verse's concern with impartial, verifiable evidence, yet it documents mostly spot sales, which the verse itself exempts from writing, while it misses the deferred debts that the verse commands to be written. Third, the merchant discount rate is best read as ujrah under ijarah or wakalah bil ujrah, and QRIS revenue data could reduce jahalah in sharia microfinance, especially under revenue-sharing contracts. The article argues that QRIS is a partial instrument of kitabah, useful as evidence but not a substitute for bookkeeping, and it closes with recommendations for regulators, payment providers and sharia financiers.
Protecting Sasirangan Motifs in Hulu Sungai Selatan: Ḥaqq al-Milkiyyah, Bourdieu's Cultural Capital, and Sustainable Islamic Business Nadia Sa'adah; Norhayati Norhayati; Annisa Ariani; Norfitria Norfitria; Hamdiah Hamdiah; Siti Nuraida
Al-'Aqdu: Journal of Islamic Economics Law Vol 5, No 2 (2025): December
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/ajiel.v5i2.4602

Abstract

The commercialization of Sasirangan cloth from Hulu Sungai Selatan (HSS) Regency has been followed by machine-printed products that copy its motifs and sell for far less than hand-made cloth. This article asks three questions: how Indonesian law allocates rights over Sasirangan motifs, how Islamic economic law characterizes those rights and the act of copying them, and which mechanism can turn the cultural value of the motifs into a fair economic return for the artisans who carry the tradition. It is normative-conceptual legal research using statutory and conceptual approaches. The legal materials comprise Law No. 28 of 2014 on Copyright, Government Regulation No. 56 of 2022 on Communal Intellectual Property, the MUI fatwa on intellectual property rights, the resolution of the International Islamic Fiqh Academy on intangible rights, DSN-MUI fatwas, and fiqh literature, analysed through takyīf fiqhī (legal characterization) and Bourdieu's theory of capital. The analysis shows that Sasirangan motifs fall into two legal categories that require different treatment: inherited motifs, which are communal and held by the State as custodian, and new motifs, which belong to identifiable artisans as ḥaqq al-ibtikār with moral and economic dimensions. Copying a new motif without permission is akl amwāl al-nās bi al-bāṭil and obliges compensation measured by the fair license fee (ujrat al-mithl), whereas selling printed cloth as hand-made Sasirangan is a form of ghishsh against buyers. The proposed model links each problem to a fiqh principle, a Bourdieusian mechanism of institutionalization, a legal instrument, and a responsible actor, with ijārah-based licensing as the main channel for converting cultural capital into just economic benefit.
Lifestyle and Financial Management among KIP Kuliah Recipients at the Islamic University of Jember: An Islamic Economic Law Perspective Fais Faizul Hannan; Ach Faqih Supandi; Siti Nur Azizatul Lutfiyah; Kurniawan Ramadhani
Al-'Aqdu: Journal of Islamic Economics Law Vol 5, No 2 (2025): December
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/ajiel.v5i2.4604

Abstract

The KIP Kuliah programme gives students from low-income households a monthly living allowance on top of tuition support, yet the money reaches them at a stage of life shaped by digital consumption, peer pressure and easy credit. This article examines how lifestyle bears on the financial management of KIP Kuliah recipients at the Islamic University of Jember (UIJ) and how Islamic economic law should classify the use of that allowance. The study is qualitative and normative-juridical. It combines institutional data on 708 recipients from the 2022-2024 cohorts, the 2025 KIP Kuliah guideline, published empirical studies on student finance, and the fiqh literature on consumption, israf, tabdzir and amanah. Three findings emerge. First, the Jember allowance of IDR 800,000 per month falls in the lowest cluster, so even modest trend-driven or peer-driven spending quickly crowds out academic and basic needs. Second, the allowance is best characterised in fiqh muamalah as a purpose-bound grant held in trust, which means that diverting it to non-educational consumption breaches the condition attached to it rather than being merely imprudent. Third, the hierarchy of daruriyyat, hajiyyat and tahsiniyyat offers a workable test for separating permissible consumption from israf and tabdzir, and it brings paylater and online lending within the reach of the rules on riba and gharar. The article recommends Sharia-based financial guidance attached to disbursement at Islamic universities.

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