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Zona Law And Public Administration Indonesia
Published by Yayasan Mentari Madani
ISSN : -     EISSN : 29885345     DOI : -
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Zona Law And Public Administration Indonesia focus is to publish manuscripts of study results, and specific conceptual ideas in the field of Law and Public Administration. Submitted articles may cover topical issues in Criminal Law, Civil Law, International Law, Islamic Law, Islamic Economic Law, Agrarian Law, State Administrative Law, Criminal Procedure Law, Commercial Law, Constitutional Law, Civil Procedure Law, Customary Law, and Environmental Law, Public Policy, Public Management, Public Sector Innovation, Decentralization, Regional Autonomy and Governance, Local Politics and Democracy, politics, human rights and autonomy and rural/village government
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
 1 
Search results for , issue "Vol. 3 No. 6 (2025): November 2025" : 5 Documents clear
Written Margin and Fees in Akad Salam Online: Comparative Fiqh Analysis with Empirical Philosophical and Juridical Approaches Madani, Farid; Nurhikmah, Aulia; Jubaedah , Dedah; Setiawan, Iwan
Zona Law And Public Administration Indonesia Vol. 3 No. 6 (2025): November 2025
Publisher : Yayasan Mentari Madani

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The development of digital technology has given birth to the practice of online-based salam contracts that are different from conventional salam contracts, especially in the determination and transparency of margin fees. This difference raises the issue of fiqh muamalah and consumer protection, especially related to the potential for gharar and inequality in the position of the parties. This research aims to analyze philosophically, comparative fiqhi, and empirical juridical margin fees in online and offline salam contracts and their implications for consumer protection. The research method used is normative-empirical law with philosophical approaches, school comparisons, and empirical juridical approaches. Normative data is sourced from classical and contemporary fiqh literature, DSN-MUI fatwas, and consumer protection regulations, while empirical data is obtained from the study of the practice of salam contracts on digital platforms. The results of the study show that the margin fee in the salam contract is in principle allowed as ujrah for the services of intermediaries as long as it is clearly agreed from the beginning of the contract and separated from the price of the goods. However, the practice of online greetings still shows low transparency of margin fees and the use of standard clauses that have the potential to harm consumers
Islamic Monetary System: Foundations Normative Pillars and Implementation Prospects in the Modern Era Fattah, Abdul; Janwari, Yadi; Al-Hakim, Sofian
Zona Law And Public Administration Indonesia Vol. 3 No. 6 (2025): November 2025
Publisher : Yayasan Mentari Madani

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Recurrent global financial crises, such as the 1997 Asian crisis, the 2008 subprime mortgage crisis, and the economic uncertainty of the post-COVID-19 pandemic, highlight the structural weaknesses of the conventional debt- and interest-based monetary system that often fuels imbalances between the monetary and real sectors and encourages speculative behavior. In response, the Islamic monetary system exists as a normative and practical alternative that emphasizes justice, stability, and social welfare through the prohibition of usury, gharar, and maysir, as well as the linking of money to real economic activities. This article examines the philosophical foundations, normative pillars, and operational principles of the Islamic monetary system, highlighting the role of classical scholars such as al-Ghazali, Ibn Taymiyyah, and Ibn Qudamah, as well as the contributions of contemporary thought Wahbah Zuhaili and Umar Chapra. This study also traces the history of the implementation of the Islamic monetary system during the time of the Prophet and Khulafaur Rashidin which is based on bimetal standards (dinar-dirham), as well as examines the implementation of Islamic monetary policy in Indonesia through instruments such as sukuk, SBIS, and Islamic interbank money markets. The research methodology uses a qualitative approach with a literature review, analyzing primary and secondary literature to identify the foundations, pillars, and prospects of the Islamic monetary system. The results of the study show that the Islamic monetary system is able to integrate money creation control, risk-sharing-based policy transmission, real sector deepening, and governance based on sharia maqasid. Despite challenges such as low Islamic financial literacy and the need for regulatory harmonization, the prospects for the Islamic monetary system are very bright as an inclusive, sustainable, and equitable economic solution in the era of globalization and financial technology innovation
Qardh al-Hasan as a Tool for Urban Justice: A Comparative Fiqh Perspective for Financial Inclusion in Bandung’s MSME Sector Ahmad Ridwansah, Asep; Susandi, Adi; Jubaedah , Dedah; Setiawan, Iwan; Sudrajat, Dede
Zona Law And Public Administration Indonesia Vol. 3 No. 6 (2025): November 2025
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Abstract This conceptual study employs a comparative fiqh (Islamic jurisprudence) perspective to analyze Qardh al-Hasan (benevolent, interest-free loans) as an instrument for urban financial inclusion in Bandung, Indonesia. Through a systematic literature review enhanced with jurisprudential analysis, the research examines divergent interpretations across Islamic legal schools (madhahib) and their implications for implementing Qardh al-Hasan within Bandung's MSME sector. The study aims to: (1) analyze comparative fiqh debates on Qardh al-Hasan as a developmental tool, (2) identify operational variations in different Muslim-majority urban contexts, and (3) formulate an inclusive governance model synthesizing juristic flexibility with contemporary urban needs. Findings reveal that while classical fiqh emphasizes Qardh al-Hasan's charitable nature, contemporary juristic innovations (takyīr fiqhi) permit structural adaptations that enhance sustainability without compromising Sharia principles. The proposed Tripartite Partnership Model integrates comparative fiqh insights with urban governance theory, offering a flexible framework adaptable to Bandung's socio-economic landscape while maintaining juristic integrity. This research contributes to the discourse on Islamic financial inclusion by demonstrating how juristic pluralism can inform practical policy solutions for urban poverty alleviation.
A Comparison of Fiqih on Profit Sharing of Investments in the Agricultural Sector Prasetio, Andri; Setiawan, Iwan; Jubaedah , Dedah
Zona Law And Public Administration Indonesia Vol. 3 No. 6 (2025): November 2025
Publisher : Yayasan Mentari Madani

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This article explains the Muzara'ah, Mukhabarah, and Musaqah contracts. These are forms of agricultural cooperation that have existed since ancient times. In practice, the current collaboration between landowners and cultivators is commonly referred to as paroan sawah (rice paddy), where the contract is not written but only verbal. This often results in losses due to the lack of authentic evidence. In Islamic banking, the most widely used principles are musyawarah and mudharabah. Muzara'ah is specifically used by some Islamic banks for plantation or agricultural financing. Muzara'ah originates from the concept of "passing". Due to this specific nature of muzara'ah, most Islamic banks use musyawarah or salam for agricultural credit. However, over time, the practice of muzara'ah has tended towards mudharabah (profit-sharing cooperation). Technically, mudharabah is a business cooperation contract between two parties, where one party (the shahib al maal) provides all the capital, while the other party, known as the mudharib, manages the business. Profits in mudharabah are shared according to the agreement outlined in the contract, while losses are borne by the negligent party. Keywords: Muzara'ah contract, Mukhabarah, Musyaqoh
The Implication of Property Classification on Contract Validity and Tasharruf Rights: A Comparative Analysis of Fiqh Schools Susandi, Adi; Fattah, Abdul; Jubaedah , Dedah; Setiawan, Iwan
Zona Law And Public Administration Indonesia Vol. 3 No. 6 (2025): November 2025
Publisher : Yayasan Mentari Madani

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Abstract

Property (al-māl) occupies a central position in Islamic law as part of Maqāṣid al-Syarī‘ah. However, there is a fundamental divergence among Fiqh schools regarding its ontological definition. The Hanafi school emphasizes a materialistic approach requiring physical existence and storability while the Majority (Jumhur) scholars (Maliki, Shafi'i, and Hanbali) adopt a value-based functional approach. This study aims to analyze these comparative views and their implications for contract validity and disposal rights (ḥaq taṣarruf), particularly within the context of the digital economy. Using a qualitative library research method with a juridical-normative approach, this study finds that the Jumhur’s definition is more adaptive to modern intangible assets such as cryptocurrencies and NFTs. Conversely, the Hanafi distinction between invalid (fāsid) and void (bāṭil) contracts offers legal stability in transactions. The study concludes that a methodological synthesis between Hanafi’s legal rationality and the Jumhur’s value-orientation is necessary to construct a contemporary Fiqh Muamalah that is responsive to technological disruption while maintaining Sharia compliance

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