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El-Uqud: Jurnal Kajian Hukum Ekonomi Syariah
Published by Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto
ISSN : 29867185     EISSN : 29873452     DOI : https://doi.org/10.24090/eluqud.v1i1.7634
Core Subject : Religion, Social,
Religion Social Sciences
El-Uqud: Jurnal Kajian Hukum Ekonomi Syariah focuses on the study of Sharia Economic Law, Islamic Financial Law, and Issues related to Contemporary Economic Laws. El-Uqud: Jurnal Kajian Hukum Ekonomi Syariah aims to build a comprehensive understanding of Islamic economics norms in religious texts and their realization in socio-economics life.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 31 Documents
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Wakaf Uang dalam Perspektif Empat Mazhab dan Implementasinya di Indonesia Rahmat, Rahmat; Nurjannah, Mauliya Redyan
El-Uqud: Jurnal Kajian Hukum Ekonomi Syariah Vol. 2 No. 2 (2024)
Publisher : Fakultas Syariah UIN Prof. K.H. Saifuddin Zuhri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/eluqud.v2i2.12312

Abstract

This research aims to understand the law of cash waqf from the perspective of the four madhhabs (Syafi'i, Hanafi, Maliki, and Hambali) and its implementation in Indonesia. The method used is literature research with a qualitative approach. The Shafi'i and Hambali schools tend to be strict in their views on cash waqf, with the majority of scholars stating that cash waqf is prohibited because the object of waqf must retain its physical form (ain) after use, such as dinars or dirhams. While there is a minority view from the more tolerant Shafi'i scholars, the Maliki school gives some leeway to cash waqf if it is based on the waqf of movable objects. On the other hand, the Hanafi and Maliki schools allow cash waqf based on istihsan bi al-'urf, as cash waqf has become an accepted custom in both schools. Based on these four madhhabs, it can be concluded that there are two views regarding the law of cash waqf. The Shafi;i and Hambali schools reject cash waqf because they argue that waqf must be in the form of objects that are fixed and not used up in order to maintain the permanence of waqf assets, while the Maliki and Hanafi schools allow cash waqf based on the view that waqf assets are not only seen from movable and immovable objects but are more complex than that that waqf assets such as cash waqf must focus on the aspects of the usefulness  the waqf object.
Islamic Economics: A Survey Related to The Literature of Working Women Nur Azizah, Siti
El-Uqud: Jurnal Kajian Hukum Ekonomi Syariah Vol. 3 No. 1 (2025)
Publisher : Fakultas Syariah UIN Prof. K.H. Saifuddin Zuhri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/eluqud.v3i1.13088

Abstract

Various issues related to women are significant concerns across different layers of society. These issues are often constructed by the socio-cultural systems in which individuals reside, leading to various justifications being put forward. This phenomenon has inevitably sparked debates, including among Muslims. This study tries to build a concept related to women working through a literature Islamic economic approach. Classification of various concepts proposed by Al-Quran, Hadist, Islamic economists, Maqashid al-Syariah will also be discussed. This paper is a survey of the literature on Islamic economics which focuses on the Working Women and Islamic approaches through the Koran, hadith, opinions of scholars, maqashid sharia perspective, to produce the concept of working women. By this observation, we will be able to produce the concept of working women in Islam and to see the different points of view among the scholars in conceiving working women subject matter, as well as see the shades of thought in the object of study. The research findings indicate that Islam upholds the value of equality, with no prohibition against women working outside the home. However, Islamic law sets certain boundaries. Women who work are expected to prioritize the well-being of their families and communities while viewing their work as an act of worship
Bridging Institutional and Regulatory Gaps: Enhancing Sharia Compliance in Islamic Financial Institutions in Indonesia Suaidi, Suaidi
El-Uqud: Jurnal Kajian Hukum Ekonomi Syariah Vol. 3 No. 1 (2025)
Publisher : Fakultas Syariah UIN Prof. K.H. Saifuddin Zuhri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/eluqud.v3i1.13288

Abstract

The compliance of Islamic Financial Institutions (LKS) with Islamic economic regulations is crucial for maintaining the stability and competitiveness of Indonesia's Islamic finance industry. Key regulations—such as Law No. 21 of 2008, OJK regulations, and DSN‑MUI fatwas—are designed to ensure that LKS operations adhere to Sharia principles. However, the implementation of these regulations faces several challenges, including regulatory harmonization, infrastructure readiness, and low levels of public Islamic financial literacy. This study employs a descriptive qualitative approach by analyzing the regulations and their implementation through legal document reviews, regulatory reports, and academic research. The findings indicate that the effectiveness of LKS compliance depends heavily on the role of the Sharia Supervisory Board (DPS), which often encounters issues of independence and competence. Furthermore, both employees' and customers' understanding of Islamic finance emerges as a key factor influencing regulatory adherence. Based on these results, this study recommends enhanced synergy among regulators, the industry, and the public to strengthen Sharia governance, boost DPS competence, and improve Islamic financial literacy. Such efforts are necessary to optimize regulatory compliance and enable the sustainable development of the Islamic finance industry.
The Authority of Al-Kutub Mu'tabarah in The Settlement of Sharia Economic Disputes in the Purbalingga Religious Court: A Study of Decision Number 1047/Pdt.G/2006/Pa.Pbg. Azizah, Nurul; Tarmidzi, Tarmidzi; Hasanudin, Hasanudin; Sunaryo, Agus
El-Uqud: Jurnal Kajian Hukum Ekonomi Syariah Vol. 3 No. 1 (2025)
Publisher : Fakultas Syariah UIN Prof. K.H. Saifuddin Zuhri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/eluqud.v3i1.13551

Abstract

Law No. 3 of 2006 concerning Amendments to Law No. 7 of 1989 concerning Religious Courts added the absolute competence of the Religious Courts in accepting resolving and deciding civil cases related to sharia economic disputes. The legal vacuum requires judges to refer to the yellow book or al-kutub al-mu'tabarah as a guide in resolving sharia economic cases in the Religious Courts. This article will look further at how the role and authority of the yellow book or al-kutub al-mu'tabarah in the settlement of sharia economic cases in the Purbalingga Religious Court. The Purbalingga Religious Court received sharia economic cases in 2006 six months after Law No. 3/2006 was published. this research is a qualitative research with a normative approach. Decision No. 1047/Pdt.G/2006/PA.Pbg. as the primary source. The results of this study indicate that the opinion of the fukaha in the yellow book or al-kutub al-mu'tabarah or popular books has an important position and even becomes the main reference in the settlement of sharia economic cases in the Purbalingga Religious Court. The book 'Iānah al-Ṭālibīn by Zainuddīn al-Malibārī and al-Fiqh al-Islāmī wa Adillatuh by Wahbah al-Zuḥailī play an important role in the settlement of sharia economic cases in the Purbalingga Religious Court.
Sistem Upah Gantungan Pada Pekerja Proyek Bangunan: Kajian fiqhi dan ‘Urfi Fadilah, Rumaisya; Sukron, Mokhamad
El-Uqud: Jurnal Kajian Hukum Ekonomi Syariah Vol. 3 No. 1 (2025)
Publisher : Fakultas Syariah UIN Prof. K.H. Saifuddin Zuhri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/eluqud.v3i1.14122

Abstract

The carbon trading mechanism as stipulated in the Minister of Environment and Forestry Regulation No. 21 of 2022 is understood as the buying and selling of carbon emission credits that exceed the threshold. In the eyes of Islamic law, carbon trading can be considered as buying and selling, but it does not seem to be fully appropriate. This study aims to analyze how carbon trading is considered as ta'wid (compensation) in the carbon trading mechanism in Permen LHK No. 21 of 2022. Using a normative approach, this research examines the provisions in the Minister of Environment and Forestry Regulation No. 21 of 2022 by comparing it with the concept of ta'wid in Islamic law. The results show that the sale and purchase referred to in Ministerial Regulation No. 21 of 2022 is understood as the sale and purchase of carbon emission credits that exceed the threshold, a concept that in the framework of environmental law is known as the Polluter Pays Principle. Companies that release carbon must pay losses to carbon sinks or have residual carbon, this can be seen as a form of compensation or indemnity related to environmental damage that harms society. Thus, the view that carbon trading as a ta'wid is in line with both sharia economic law and environmental law.
Paradigma Baru Perdagangan Karbon: Mengkaji Peraturan Menteri LHK No. 21/2022 Dari Perspektif Ta'wid dan Polluter Pays Principle Putri Herawati, Sesi; Triana, Nita; Yaqin, Ainul
El-Uqud: Jurnal Kajian Hukum Ekonomi Syariah Vol. 3 No. 1 (2025)
Publisher : Fakultas Syariah UIN Prof. K.H. Saifuddin Zuhri

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The carbon trading mechanism as stipulated in the Minister of Environment and Forestry Regulation No. 21 of 2022 is understood as the buying and selling of carbon emission credits that exceed the threshold. In the eyes of Islamic law, carbon trading can be considered as buying and selling, but it does not seem to be fully appropriate. This study aims to analyze how carbon trading is considered as ta'wid (compensation) in the carbon trading mechanism in Permen LHK No. 21 of 2022. Using a normative approach, this research examines the provisions in the Minister of Environment and Forestry Regulation No. 21 of 2022 by comparing it with the concept of ta'wid in Islamic law. The results show that the sale and purchase referred to in Ministerial Regulation No. 21 of 2022 is understood as the sale and purchase of carbon emission credits that exceed the threshold, a concept that in the framework of environmental law is known as the Polluter Pays Principle. Companies that release carbon must pay losses to carbon sinks or have residual carbon, this can be seen as a form of compensation or indemnity related to environmental damage that harms society. Thus, the view that carbon trading as a ta'wid is in line with both sharia economic law and environmental law.
Justice And Accuracy in Wage Payment from the Perspective of Islamic Economic Law: A Study of the Wage System of Rice Dryers in Brebes Cahyani, Denti Tri; Sukron, Mokhamad
El-Uqud: Jurnal Kajian Hukum Ekonomi Syariah Vol. 3 No. 2 (2025)
Publisher : Fakultas Syariah UIN Prof. K.H. Saifuddin Zuhri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/eluqud.v3i2.15336

Abstract

Wage determination constitutes a fundamental aspect of labor relations, as it concerns the workers’ basic rights to fair compensation for services rendered. Nevertheless, wage systems frequently give rise to disputes, particularly regarding payment delays, unclear nominal values, and inconsistencies with the principle of justice. Such issues are evident in the wage practices of rice-drying laborers in the studied village, where employment agreements are made orally and wage payments depend on the sale of the dried rice. This phenomenon merits scholarly examination from the perspective of Islamic economic law, especially through the concept of ujrah, which emphasizes justice, contractual clarity, and timeliness in wage payment. This study employs a qualitative method with a juridical-empirical approach. Primary data were collected through in-depth interviews with rice mill owners, paddy owners, and rice-drying workers, complemented by direct field observations. Secondary data were derived from relevant literature on Islamic economic law and fiqh al-mu‘āmalah. The data were analyzed through reduction, presentation, and conclusion-drawing processes based on the principles of wage determination in Islamic law—justice, clarity of contract, mutual consent, and punctual payment. The findings reveal that the rice-drying wage system follows a piece-rate payment model, in which the wage amount is determined by the quantity of rice successfully dried. Payments are generally made after the rice is sold, which occasionally results in delayed disbursement. To mitigate such issues, rice mill owners provide cash advances (kasbon) for workers in urgent need of funds. From the standpoint of Islamic economic law, this practice largely aligns with the principles of contractual transparency and mutual consent, although improvements are needed in ensuring timely wage payment to prevent potential harm to workers.
Negotiating Value and Faith: The Practice of Scrap-for-Goods Exchange in Sukowono, Indonesia, through the Lens of Fiqh Muamalah Imania, Dela Jannatul; Mohammad Firmansyah
El-Uqud: Jurnal Kajian Hukum Ekonomi Syariah Vol. 3 No. 2 (2025)
Publisher : Fakultas Syariah UIN Prof. K.H. Saifuddin Zuhri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/eluqud.v3i2.15397

Abstract

The practice of exchanging scrap materials for new goods in Sukowono District represents a form of community economic activity that has become a local habit and carries social and economic benefits, particularly among housewives. This system is preferred because it is more practical and provides direct benefits for meeting household needs. This study aims to describe the practice of scrap-for-goods exchange conducted by the community and to analyze it from the perspective of Islamic economic law (fiqh muamalah), particularly in terms of justice, mutual consent (taradhi), and transparency. This research employs a socio-legal approach with qualitative methods through observation and interviews with scrap traders and participants in Sukowono District, Jember Regency. The findings show that the exchange practice is carried out through two systems: the weighing system and the estimation system. The weighing system is considered more in line with Islamic principles because it is clear, measurable, and transparent. Meanwhile, the estimation system contains elements of gharar (uncertainty) since the value of goods is determined by approximation without exact measurement. Overall, this exchange practice is deemed valid under fiqh muamalah as it fulfills the elements of mutual consent and clear transaction objects; however, price transparency needs to be improved to better reflect the principles of justice and honesty in Islamic transactions.
Transformasi Akad: Peran Platform E-Commerce dalam Menjembatani Perdebatan Shighat dan Mitigasi Gharar pada Jual Beli Kontemporer Hakim, Luqman; Al Yamani, Jalaluddin; Salsabila, Tasya
El-Uqud: Jurnal Kajian Hukum Ekonomi Syariah Vol. 3 No. 2 (2025)
Publisher : Fakultas Syariah UIN Prof. K.H. Saifuddin Zuhri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/eluqud.v3i2.14698

Abstract

The digital revolution has fundamentally transformed commercial transactions, giving rise to practices such as pre-orders in e-commerce. This study examines how contemporary e-commerce platforms not only transform the classic Bai' as-Salam contract but also address the classical jurisprudence （fiqh debate regarding the validity of the contract form （shighat. Traditionally, schools of fiqh （such as Hanafi and Syafi'i） have differed on the validity of non-verbal contracts （mu'athah） due to potential uncertainty （gharar. This article argues that modern e-commerce platforms function as a "standardized digital shighat". Through features like detailed product descriptions, visualizations （photos/videos）, the 'checkout' button as ijab-qabul （offer and acceptance）, and review systems, these platforms create a form of mu'athah that is more certain and whose risks are mitigated. Using comparative legal analysis and literature review, this study analyzes how modern digital architecture manages gharar in pre-order practices. Findings indicate that digital platforms bridge the flexibility (e.g., the Hanafi school) with the demand for certainty (e.g., the Syafi'i school), thereby reinforcing the relevance of fiqh muamalah principles in the digital economy.
Bai‘ Al-Salam dan Aplikasinya dalam Sistem Pre-Order Online Platform Tanifund Mujadid, Shofam Amim; Zen, Muhamad
El-Uqud: Jurnal Kajian Hukum Ekonomi Syariah Vol. 3 No. 2 (2025)
Publisher : Fakultas Syariah UIN Prof. K.H. Saifuddin Zuhri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/eluqud.v3i2.15410

Abstract

This study analyzes the suitability of the digital pre-order system with the bai' al-salam contract from a muamalah jurisprudence perspective, using the TaniFund platform as a model of contemporary practice. In principle, pre-orders share similar characteristics to salam, in that payment is made in advance for goods delivered later according to agreed specifications and timing. However, observations on TaniFund indicate potential Sharia inconsistencies, such as unclear commodity specifications, uncertain harvest times, the risk of product substitution, and possible production delays due to crop failure. Furthermore, the use of conventional protection schemes and the lack of Sharia-compliant dispute resolution mechanisms can give rise to elements of gharar (unclear risk) and injustice for both investors and farmers. This study uses a qualitative-descriptive approach through a study of classical fiqh literature, the DSN-MUI fatwa No. 05/DSN-MUI/IV/2000 on salam, and an analysis of practices on the TaniFund platform. The research results show that pre-orders can be declared valid according to Sharia if they fulfill the pillars and requirements of salam, and are supported by transparent digital mechanisms, written contracts, commodity verification, and Sharia-compliant risk mitigation schemes. Therefore, strengthening contracts, internal regulations, and user education are necessary to ensure that digital pre-order practices, including those at TaniFund, align with the principles of justice, legal certainty, and the welfare of the Islamic economy.

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