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Jurnal Hukum Ekonomi Syariah
Published by Sekolah Tinggi Agama Islam Al-Musaddadiyah Garut
ISSN : -     EISSN : 29627648     DOI : -
Core Subject : Economy, Education, Social,
Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice
JHesy adalah sebuah Jurnal online Prodi Hukum Ekonomi Syariah (Muamalah) untuk menampung berbagai Artikel berupa laporan penelitian baik dosen maupun mahasiswa yang melaksanakan penelitian ilmiah berupa Tugas Akhir, Skripsi, Hibah Penelitian, serta Pengabdian Kepada Masyarakat yang berada baik di dalam maupun diluar lingkungan Sekolah Tinggi Agama Islam Al-Musaddadiyah Garut. Dengan diterbitkannya karya ilmiah online ini diharapkan mampu mendorong semangat pendidikan dan penelitian khususnya bagi civitas akademik serta bisa memberikan kontribusi yang bermanfaat bagi masyarakat.
Arjuna Subject : Ilmu Ekonomi, Ekonometrika dan Keuangan (semua kategori) - Ilmu Ekonomi, Ekonometrika dan Keuangan (Lain-Lain)
Articles 122 Documents
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Tinjauan Hukum Islam Pemanfaatan Tanah PT. KAI oleh Masyarakat Perspektif Maqashid Syariah dan Kesejahteraan Ekonomi Syaripudin, Enceng Iip; Mubarokah, Ismi Latifah
Jurnal Hukum Ekonomi Syariah Vol 4 No 2 (2025): Jurnal Hukum Ekonomi Syariah
Publisher : STAI Al Musaddadiyah Garut

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37968/jhesy.v4i2.1200

Abstract

The utilization of land owned by PT Kereta Api Indonesia (PT KAI) that is not being used as intended is still commonly found in various regions. This situation gives rise to numerous issues, both in terms of positive law and from the perspective of Islamic law. The aim of this research is to examine the mechanisms by which the community utilizes such land and to analyze it through the lens of maqashid shariah, economic welfare aspects, and the fundamental principles of Islamic law.The method used in this study is a qualitative approach with a literature review methodology. Data sources were obtained from various references, including national academic journals, undergraduate theses, books, and online articles accessed via Google Scholar.The findings reveal that the process of utilizing PT KAI land by the community involves several administrative steps, including the submission of a formal request letter, asset data verification, field surveys, lease contract signing, as well as payment and handover of the leased property.From the perspective of maqashid shariah, this utilization aligns with the five primary objectives of Islamic law: protection of religion, life, intellect, lineage, and property. Meanwhile, the analysis of economic welfare includes variables such as population, education, income, household consumption, employment, and housing and environmental conditions. In the view of Islamic law, this practice is analyzed based on principles such as tawhid (oneness of God), justice, consultation (shura), mutual assistance, equality, tolerance, and enjoining good while forbidding evil (amar ma’ruf nahi munkar). Therefore, the community’s use of PT KAI’s land assets should be comprehensively understood in order to achieve social justice, collective benefit (maslahah), and legal certainty. Keywords: Land utilization, maqashid shariah, economic welfare, Islamic law
Efektivitas Penyelesaian Sengketa Ekonomi Syariah Di Pengadilan Agama Aziz, Muhammad Miftah; Sabiq, Fairuz
Jurnal Hukum Ekonomi Syariah Vol 4 No 2 (2025): Jurnal Hukum Ekonomi Syariah
Publisher : STAI Al Musaddadiyah Garut

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37968/jhesy.v4i2.1318

Abstract

This paper discusses the effectiveness of resolving sharia economic disputes in religious courts. The research problem raised is Since the first time the Religious Court was given the authority to resolve Sharia Economic disputes, many have doubted the effectiveness of resolving sharia economic disputes in religious courts. The purpose of this study is to analyze the effectiveness of resolving sharia economic disputes in religious courts in resolving sharia economic disputes. The writing method used is the normative writing method with a statutory regulatory approach and an analytical approach. The results of this study indicate that the Religious Court does not yet have its own procedural law, even though many cases that are the authority of the Religious Court have their own characteristics that are specific and different from cases in general civil law. The ability of judges in religious courts is the most highlighted since the authority was given to religious courts to resolve sharia economic disputes. So that improvements are needed in terms of strengthening the system and increasing the ability of judges.  Keywords: Religious Courts, Disputes, Sharia Economics
Analisis Indeks Pembangunan Manusia (IPM) dalam Perspektif Ekonomi Islam: Studi Konseptual dan Relevansinya terhadap Tujuan Maqashid Syariah Nurrahman, Ahmad Gemma; Miptahudin, Iip; Fajrussalam, Hisny; Rhommadhonni, Vania Nur Rizqi; Prabandari, Fitriana
Jurnal Hukum Ekonomi Syariah Vol 4 No 2 (2025): Jurnal Hukum Ekonomi Syariah
Publisher : STAI Al Musaddadiyah Garut

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37968/jhesy.v4i2.1612

Abstract

This study aims to analyze the Human Development Index (HDI) from the perspective of Islamic economics and to examine its relevance to the objectives of Maqashid Sharia. HDI, as a development indicator that includes the dimensions of education, health, and income, reflects the overall quality of life within a community. In Islamic economics, human development is understood more comprehensively, encompassing material, spiritual, and moral well-being; therefore, HDI has a clear point of alignment with core Islamic values. This research employs a qualitative-descriptive approach through a literature review, examining various publications related to HDI, Islamic economic principles, and the concept of Maqashid Sharia. The findings indicate that the components of HDI are significantly connected to the five primary objectives of Maqashid Sharia, namely the preservation of religion (hifzh al-din), life (hifzh al-nafs), intellect (hifzh al-‘aql), lineage (hifzh al-nasl), and wealth (hifzh al-mal). This connection highlights that human development, as measured by HDI, can be strengthened through a Sharia-based framework to ensure it is not only focused on statistical progress but also on building ethical, empowered, and just individuals. Therefore, integrating HDI with the principles of Maqashid Sharia offers a relevant and applicable strategy for achieving sustainable development aligned with Islamic values.  Keywords : Human Development Index, Islamic Economics, Maqashid Syariah, Sustainable Development, Welfare.
Analisis Hukum Ekonomi Syariah Terhadap Ketidaksesuaian Harga Dalam Transaksi Jual Beli Buah-Buahan Sunarsa, Sasa; Karim, Dede Abdul
Jurnal Hukum Ekonomi Syariah Vol 4 No 2 (2025): Jurnal Hukum Ekonomi Syariah
Publisher : STAI Al Musaddadiyah Garut

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37968/jhesy.v4i2.1656

Abstract

Buying and selling transactions are a very common economic activity in society, including the sale of fruit. However, in practice, discrepancies between the agreed and paid prices are often found, either due to misinformation, lack of clarity in the contract, or an element of non-transparency on the part of one of the parties. This study aims to analyze price discrepancies in fruit sales transactions from the perspective of Islamic Economic Law. The research method used is a qualitative method with a descriptive-analytical approach. Data were collected through interviews with business actors, buyers, and religious leaders, and supplemented by a literature review of relevant primary and secondary sources. The analysis was conducted using the basic principles of Islamic Economic Law such as justice ('adl), openness (transparency), and mutual agreement (antaradhin). The results of the study indicate that price discrepancies in fruit sales transactions have the potential to cause injustice and lead to practices that are contrary to Islamic principles. In Islamic Economic Law, price clarity is a valid requirement for buying and selling (ba'i), and any form of deception or unclear information can be categorized as gharar (uncertainty), which is prohibited in Islam. Therefore, to create fair and sharia-compliant transactions, transparency, clarity of contracts, and education for business actors about the ethics of buying and selling in Islam are required.  Keywords: sharia economic law; buying and selling; price discrepancy; fruits.
Kaidah Sadd Al-Dzari’ah dan Fathu Al-Dzari’ah sebagai Dasar Larangan Penjaminan Modal dalam Akad Mudhârabah Wiraputra, Jhody; Bahrudin, Moh.; Hilal, Syamsul
Jurnal Hukum Ekonomi Syariah Vol 4 No 2 (2025): Jurnal Hukum Ekonomi Syariah
Publisher : STAI Al Musaddadiyah Garut

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37968/jhesy.v4i2.1728

Abstract

This study critically and comparatively analyzes the justification for the prohibition and exception of capital guarantees in the Mudhârabah contract—an essential profit-sharing instrument in Islamic economics that functions as a contract of trust (akad amanah). Fundamentally, Mudhârabah requires the capital owner (shahibul māl) to bear the full risk of business loss. The absolute prohibition of capital guarantees by the manager (mudhārib) is strictly emphasized through the legal maxim Sadd al-Dzarī‘ah, as an implicit guarantee clause alters the essence of the profit-sharing partnership into an interest-bearing loan, which constitutes riba. However, in the context of contemporary Islamic finance, the need for asset protection as part of Maqāṣid al-Sharī‘ah allows for limited exceptions based on the principle of Fath al-Dzari‘ah, which permits liability for compensation only in cases of gross negligence or misconduct. The findings reveal that the principles of Sadd and Fath al-Dzari‘ah operate harmoniously as complementary mechanisms—the former preserving the integrity of the contract from usurious practices, and the latter ensuring institutional efficiency and sustainability by mitigating ethical risks—thereby enabling Mudhârabah to function fairly and securely in the modern market. Keywords: Fath al-Dzari‘ah, Mudharabah, Sadd al-Dzari‘ah
Tinjauan Ushul Fiqh tentang Status Kepemilikan Aset Digital Non-Fungible (NFT) dalam Perspektif Al-milkiyyah Ipando, Ogi Marsenal; Bahrudin, Moh.; Hilal, Syamsul
Jurnal Hukum Ekonomi Syariah Vol 4 No 2 (2025): Jurnal Hukum Ekonomi Syariah
Publisher : STAI Al Musaddadiyah Garut

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37968/jhesy.v4i2.1737

Abstract

This paper examines the concept of al-milkiyyah (ownership) in relation to digital assets, specifically Non-Fungible Tokens (NFTs), from the perspective of Uṣūl al-Fiqh. The study aims to determine the legal status of ownership and the validity of NFT transactions within the framework of contemporary Islamic jurisprudence. Employing a normative legal research method with conceptual, normative, and sectoral approaches, this study draws upon classical fiqh literature, contemporary fatwas, and analyses of blockchain technology. Secondary data are qualitatively and comparatively analyzed to assess the compatibility of NFTs with the Islamic legal notion of property (māl) as defined in fiqh al-muʿāmalah (Islamic commercial law). The findings suggest that NFTs may be classified as legitimate property according to several contemporary scholars, as they possess economic value, market-recognized benefits, and exclusivity of ownership despite their non-physical form. Nevertheless, the validity of NFT transactions remains conditional: they are lawful only if the represented object is ḥalāl, free from gharar (excessive uncertainty) and maysir (gambling), and uses a Sharia-compliant payment medium. The use of non-compliant cryptocurrencies may invalidate the transaction. This paper argues that NFTs can be recognized as a modern form of Islamic ownership, provided that their use aligns with the principles of prudence, wealth protection (ḥifẓ al-māl), and harm prevention (mafsadah).  Keywords: Al-milkiyyah; Ownership; NFT; Uṣūl al-Fiqh; Fiqh al-Muʿāmalah; Digital Assets
Analisis Wakaf Saham Perspektif Fukaha Klasik dan Kontemporer Waluya, Atep Hendang
Jurnal Hukum Ekonomi Syariah Vol 4 No 2 (2025): Jurnal Hukum Ekonomi Syariah
Publisher : STAI Al Musaddadiyah Garut

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37968/jhesy.v4i2.1739

Abstract

The implementation of stock waqf in Indonesia is relatively new and holds enormous potential. Despite this enormous potential, only a small portion has been achieved, and one factor contributing to this limited potential is the low level of public literacy regarding stock waqf. This paper aims to examine and analyze the views of classical and contemporary jurists regarding stock waqf. Most contemporary jurists view stock waqf as a takhrīj of waqf mushā, or collective property waqf, because shares are collectively owned. Classical fukaha from the Shafi'i and Hanbali schools and strengthened by Wahbah al-Zuhāylī, Ibn 'Abdullāh al-Maymān, Muḥammad Ṣāliḥ, Aḥmad bin Muḥammad al-Khalīl¸ Ghulām Muṣṭafā Nukhbah, al-Dubyān, al-Ṭayyār, al-Muṭlaq, al-Mūsā, and Khālid bin 'Alī al-Mushayqiḥ, they all argue that waqf of collective property, whether it can be shared or not, is absolutely valid and permissible to donate. The reason that strengthens the permissibility of waqf of collective property is the existence of a text that allows waqf of collective property and what the goal of waqf, whether with collective property or not, can be achieved.  Therefore, share waqf which is the takhrīj of collective property waqf, according to the majority of jurists, is permissible and valid. Keyword: Fiqh Contemporary; Stock; Waqf.
Peran Akad Syirkah dan Mudharabah sebagai Instrumen Pembiayaan Usaha Produktif pada Lembaga Keuangan Syariah di Indonesia Permatasari, Olivia; Queentanisha, Kayla Jingga; Zakhiah, Siska Lailatus; Anisya, Nur; Halizah, Fitria Hanina Nur; Putri, Amanda Amelia; Kurniawan, Taufiq
Jurnal Hukum Ekonomi Syariah Vol 4 No 2 (2025): Jurnal Hukum Ekonomi Syariah
Publisher : STAI Al Musaddadiyah Garut

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37968/jhesy.v4i2.1758

Abstract

This study aims to analyze the role of shirkah and mudarabah contracts as financing instruments in supporting the development of productive enterprises within the Islamic economic sector. Both contracts are Sharia-based financial instruments grounded in partnership and profit-sharing principles, enabling collaboration between capital owners and business managers without involving elements of riba. This research employs a qualitative descriptive approach using a literature review method based on various sources, including SINTA-indexed journals, Islamic economics books, and DSN-MUI fatwas related to musyarakah and mudarabah financing. The findings indicate that the shirkah contract plays a role in establishing fair partnerships between capital and labor, while the mudarabah contract functions as a productive investment mechanism between financial institutions and small-scale entrepreneurs. Both contracts have the potential to enhance production capacity, promote Sharia-based entrepreneurship, and strengthen the real sector through profit-sharing financing systems. However, field implementation still faces challenges, such as low Sharia financial literacy and business management risks. The novelty of this study lies in its comparative analysis of shirkah and mudarabah contracts in the context of productive business financing, an area that has often been examined separately. These findings are expected to serve as a reference for Islamic financial institutions in optimizing sustainable partnership-based financing. Keywords: Shirkah Contract, Mudarabah Contract, Productive Financing, Islamic Economics, Profit Sharing.
Kajian Hukum Islam Atas Produksi Dan Distribusi Produk Kulit Dalam Industri Rumahan Di Sukaregang Kabupaten Garut Syaripudin, Enceng Iip; Fauzi, Fauzi
Jurnal Hukum Ekonomi Syariah Vol 4 No 2 (2025): Jurnal Hukum Ekonomi Syariah
Publisher : STAI Al Musaddadiyah Garut

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37968/jhesy.v4i2.1260

Abstract

This study aims to examine the production and distribution of leather products in the home industry of Sukaregang, Garut Regency, from the perspective of Islamic law. The home industry producing leather products, such as bags, shoes, and other accessories, has been growing in this region and significantly impacts the local economy. However, these production and distribution practices need to be evaluated from a sharia perspective, particularly concerning the halal status of raw materials, production processes, commercial transactions, and worker welfare. In Islam, leather products must comply with halal principles, including adherence to proper animal slaughtering methods, the use of halal-certified chemicals, and environmentally friendly waste management. Additionally, business transactions in this industry must align with principles of fairness and transparency, avoiding elements of fraud or usury. This study also highlights the importance of local economic empowerment through home industries that prioritize worker welfare and sustainable resource management. Using a qualitative approach, this research analyzes relevant aspects of Islamic law and provides recommendations for improving leather production and distribution practices in accordance with sharia principles. The findings are expected to contribute to the development of a sustainable and responsible home leather industry in Sukaregang, Garut Regency. Keywords: Islamic Law; production; distribution; home industry; Sukaregang Garut
Analisis Pengaruh Label Halal terhadap Minat Pembelian Produk Kosmetik Wardah Izzah, Nur
Jurnal Hukum Ekonomi Syariah Vol 4 No 2 (2025): Jurnal Hukum Ekonomi Syariah
Publisher : STAI Al Musaddadiyah Garut

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37968/jhesy.v4i2.1769

Abstract

This study aims to analyze the influence of halal labels, prices, and advertising on purchasing interest in Wardah cosmetic products. The study used a quantitative method with primary data collected through questionnaires from 95 respondents who were academics of the Jakarta Institute of Qur'anic Sciences (IIQ). Data analysis was conducted using multiple linear regression using SPSS version 25. The results showed that partially, halal labels, prices, and advertising had a positive and significant effect on purchasing interest. Simultaneously, the three independent variables also had a significant effect on purchasing interest. These findings confirm that the clarity of halal labels, appropriate pricing, and advertising effectiveness contribute to increasing consumer purchasing interest in halal cosmetic products. Keywords: Halal Label; Price; Advertising; Purchase Interest

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