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Al-Faruq
Published by Institut Agama Islam Tarbiyatut Tholabah Lamongan
ISSN : -     EISSN : 30308542     DOI : https://doi.org/10.58518/alfaruq
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Al-Faruq: Jurnal Hukum Ekonomi Syariah dan Hukum Islam diterbitkan oleh Program Studi Hukum Ekonomi Syariah, Fakultas Syariah, Institut Agama Islam Tarbiyatut Tholabah (IAI TABAH) Lamongan. Jurnal ini didedikasikan untuk penyebarluasan kajian ilmiah di bidang hukum ekonomi syariah, fikih muamalah, hukum islam atau ilmu syariah. Al-Faruq: Jurnal Hukum Ekonomi Syariah dan Hukum Islam terbit dua kali setahun pada bulan Januari dan Juli. Semua publikasi di Jurnal Al-Faruq bersifat akses terbuka yang memungkinkan artikel tersedia secara bebas tanpa berlangganan apapun.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 35 Documents
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Analisis Perlindungan Hukum pada Nasabah Bank Syariah Haryanti, Peni
Al-Faruq: Jurnal Hukum Ekonomi Syariah dan Hukum Islam Vol. 2 No. 1 (2023): Al-Faruq : Jurnal Hukum Ekonomi Syariah dan Hukum Islam
Publisher : Program Studi Hukum Ekonomi Syariah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58518/al-faruq.v2i1.1649

Abstract

This research is motivated by the growing financing problems faced by financial institutions, especially Sharia banking. The financing problems often lead to foreclosure which resulted in the loss of the parties. Bank Muamalat Indonesia is the first bank to use Islamic principles, and services in the form of kind of protection given to customers in overcoming the problems of financing problems. Next is BPR SYARIAH Artha Tanmiya Kediri an Islamic financial institution that is still relatively new, whether these institutions are able to apply the principles of a truly accordance with sharia. This study aims to understand the legal protection of customer collateral in Bank Muamalat Indonesia KCP. Tulungagung and Tanmiya BPR SYARIAH Artha Kediri. This is the kind of field research with a qualitative approach. Data collection methods used were interviews and documentation. While the data analysis technique uses a single data analysis and site traffic analysis. A single data analysis that each data from research sites, while data analysis is the analysis of site traffic from both locations were analyzed together. The legal protection collateral provided by BMI KCP. Tulungagung, given with regard to the interests of both parties, bank interests, and the interests of customers. Legal protection associated with moving goods guarantees less than the maximum because there are still differences between the position of collateral collateral collateral chattels with security rights. Guarantee of goods moving in BMI Indonesia KCP. Tulungagung only as additional collateral; Legal protection of collateral in BPR SYARIAH Artha Tanmiya Kediri done very maximum as collateral does not serve as a guarantee that will be sold in the event of financing problems. However, the guarantee on the BPR SYARIAH Artha Tanmiya Kediri is a bank guarantee that customers pay off financing to the restructuring of financing.
Tinjauan Fikih Muamalah atas Transaksi pada Aplikasi Grab Food Muhajir, Muhajir
Al-Faruq: Jurnal Hukum Ekonomi Syariah dan Hukum Islam Vol. 2 No. 1 (2023): Al-Faruq : Jurnal Hukum Ekonomi Syariah dan Hukum Islam
Publisher : Program Studi Hukum Ekonomi Syariah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58518/al-faruq.v2i1.1653

Abstract

The development of increasingly advanced technology has made muamalah transactions easier through online transactions, in this case Grab provides a food delivery service, namely Grab Food which can be accessed by Grab Food application users. Customers can use food delivery services according to their interests. When Grab drivers receive orders from customers for food ordering services, the driver will provide customer funds first which will then be reimbursed by the buyer after the order reaches the buyer. But in this case, it is not only the driver and the buyer who are involved in this transaction. There are still food sellers and PT Grab as service providers. This indirectly occurs the merger of contracts which are collected into three contracts, namely: salam contract, ijarah and wakalah. Fiqh scholars give different legal statuses to this double or multi-contract contract because the status of one contract is not necessarily the same as the status of the contract that built it. For this reason, the author is interested in further researching the contracts that occur in the Grab Food application, the focus of this research is on the validity of transactions on the Grab Food application reviewed from the fiqh muamalah. The method used in this study is field research. The technical data analysis used is qualitative descriptive analysis. The data sources used in this study are primary data sources through interviews obtained directly from PT Grab branch of Purworejo, drivers, food sellers and food buyers, and secondary data sources obtained from books, journal articles, and news from the internet related to this study. The results of this paper conclude that the contracts collected when transacting on the Grab Food application are in accordance with the terms and principles of the contract in the fiqh muamalah and multi-contract in this transaction is permissible.
Analisis Tindak Pidana Korupsi dalam Korelasi Tafsir Hukum pada Ayat Pencurian Aziz, A. Fauzi; Afifudin, Lukman
Al-Faruq: Jurnal Hukum Ekonomi Syariah dan Hukum Islam Vol. 3 No. 1 (2024): Al-Faruq : Jurnal Hukum Ekonomi Syariah dan Hukum Islam
Publisher : Program Studi Hukum Ekonomi Syariah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58518/al-faruq.v3i1.2343

Abstract

Legal interpretation aims to comprehend and apply the law contained within verses of the Quran. One such verse, Surah Al-Maidah, Ayah 38, discusses theft-related punishment. This verse has been interpreted by various scholars, both classical and contemporary, from diverse perspectives and methodologies. This study aims to analyze and compare the interpretations of the law on theft-related verses in correlation with corruption, a criminal act that damages the state's finances. The research adopts a qualitative method using a literature review approach. The data used consists of tafsir books, articles, journals, and relevant legal documents. The findings reveal differences and similarities between classical and contemporary scholars in interpreting the law on theft. Classical ulama tend to adhere to a literal and textual understanding of the verse, prescribing the punishment of cutting off the hand without differentiating the type or value of the stolen item. Contemporary ulama tend to utilize contextual and rational approaches, allowing theft punishments to vary based on societal conditions and situations. Concerning corruption, some contemporary ulama consider it within the theft category, thus advocating punishments such as hand amputation or equivalent penalties. Other contemporary ulama argue that corruption does not fall under theft, hence its punishment should align with prevailing positive law provisions. Furthermore, the correlation between Surah Al-Maidah, Ayah 38, and corruption lies in aspects like: (1) illegal acquisition of wealth, (2) detrimental effects on society and (3) detrimental effects on state.
Tinjauan Hukum Ekonomi Syariah terhadap Jual Beli Bawang Merah dengan Sistem Panjar Ulumuddin, Imam Khoirul; Handayani, Zidni Ilma; Nurasikin , Akhmad; Handayani, Tri
Al-Faruq: Jurnal Hukum Ekonomi Syariah dan Hukum Islam Vol. 3 No. 1 (2024): Al-Faruq : Jurnal Hukum Ekonomi Syariah dan Hukum Islam
Publisher : Program Studi Hukum Ekonomi Syariah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58518/al-faruq.v3i1.2353

Abstract

Selling and buying shallots with a panjar system is to pay in advance the agreed down payment  and the lack of payment will be paid after the shallots are harvested. In the payment, it has applied a down payment, but it is not uncommon for the sale and purchase of shallots to experience cancellation, the cancellation can be from the seller or buyer. The purpose of this study was to determine the practice of buying and selling shallots with a panjar system in Kluwan Village, Penawangan District, Grobogan Regency and Sharia Economic Law Review of the practice. This study is field research with a qualitative approach. While data collection through observation, interviews, and documentation. The result of this study is that the practice of buying and selling shallots with a panjar system in Kluwan Village, Penawangan District, Grobogan Regency starts with bargaining between sellers and buyers, until an agreement and agreement occurs. The review of sharia economic law on the practice of buying and selling shallots in Kluwan Village, Penawangan District, Grobogan Regency uses a panjar system in accordance with the terms of the harmony of the sale and purchase contract, and the absence of gharar elements because there is already an agreement or agreement between the seller and the buyer.
Fenomena Jual Beli Voucher Live Streaming dari Shopee Perspektif Fikih Muamalah Khaliq, Muzayyanah
Al-Faruq: Jurnal Hukum Ekonomi Syariah dan Hukum Islam Vol. 3 No. 1 (2024): Al-Faruq : Jurnal Hukum Ekonomi Syariah dan Hukum Islam
Publisher : Program Studi Hukum Ekonomi Syariah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58518/al-faruq.v3i1.2373

Abstract

In era millennials, looking at development statistics data Which very fast happen in every e-commerce one of them is Shopee. Shopee provider feature is live now present with discount voucher prize by 20% up for 50.000 if watch the live. Even the voucher can we get it maximum 5 vouchers in one sunday and maximum 1 voucher each in the evening, from 20.00 WIB to 00.00 WIB. Then with initiative Shopee user, the voucher traded with price 7000 by voucher buyers sending a live streaming product link to the voucher owner (non-seller) who has claimed the live voucher, then the voucher owner clicks on the link and not forget choose product as well as sent on voucher buyers. The aim of the research about respond sell buy live streaming vouchers from Shopee to find out the contracts and laws contained in buying and selling transactions for live Shopee vouchers using mu'amalah jurisprudence analysis. The methodology used in the research is qualitative by looking at documentary materials, magazines, journals and newspapers. The emphasis of library research is to find various theories, laws, postulates, principles, opinions, ideas and so on. Based on the results of the author's analysis, buying and selling vouchers is a fake sale and purchase contract for benefits because mabī' (goods being sold) is not last a long time (ghairu ta'bīd). This matter causing buying and selling to be haram even if the 'aqidain are mutually willing.
Resolusi Konflik terhadap Penyelesaian Problematika Keluarga Perspektif Hukum Keluarga Islam Mahmudi, Muhammad Aly; Jauhari, Ma'sum; Musthofa, Moh. Aqil; Khuluq, Moh. Sahlul
Al-Faruq: Jurnal Hukum Ekonomi Syariah dan Hukum Islam Vol. 2 No. 1 (2023): Al-Faruq : Jurnal Hukum Ekonomi Syariah dan Hukum Islam
Publisher : Program Studi Hukum Ekonomi Syariah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58518/al-faruq.v2i1.2570

Abstract

Conflict in a household must occur in the course of the family. In Islam conflict resolution has been accommodated with several discussions. In this study tries to reveal how the form of family conflict resolution in Islam, especially in the realm of nusyūz. This research uses qualitative methods using library research. The results of this study are, First; family conflict in Islamic jurisprudence when there is a neglect of the rights of husband and wife is called nusyūz. Second; the form of nusyūz is not only imposed on the wife but sometimes occurs on the husband who does not perform his obligations. Third; in Islam the breakdown of family relationships is not the last solution, but there are procedures that are used as alternatives so that family relationships do not end up empowering ḥakamain.
Syadd Al-Żarāi’ dan Qiyās sebagai Metode Ijtihad dalam Fatwa Boikot Produk Yahudi Abdillah, Nanang
Al-Faruq: Jurnal Hukum Ekonomi Syariah dan Hukum Islam Vol. 3 No. 2 (2024): Al-Faruq : Jurnal Hukum Ekonomi Syariah dan Hukum Islam
Publisher : Program Studi Hukum Ekonomi Syariah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58518/al-faruq.v3i2.2610

Abstract

The invasion of Israel into Palestine, especially in areas considered historically and religiously significant, such as Jerusalem, can be seen as disregarding the humanitarian values established by Islam. This deeply hurts the feelings of the Muslim community specifically and ignores the calls for peace from the international community in general. Reaction of Muslim Community to this conflict is very serious. As a form of religious solidarity, they express condemnation of Israel by boycotting Jewish products. This is aimed at resisting Israel's military aggression against Palestine. From a jurisprudential perspective, this can be justified by referring to the Fatwa of the Indonesian Ulama Council (MUI) Number 83 of 2023, supported by Nahdlatul Ulama (NU) and Muhammadiyah. The opinions of scholars in several fiqh books also tend to prohibit transactions with belligerent non-Muslims. From the standpoint of uṣūl fiqh (principles of Islamic Jurisprudence), the fatwa on boycotting Jewish products can be justified because it fulfills the elements of relevant ijtihad methods, namely syadd al-żarāi’ and qiyās.
Pengaruh Aspek Keuangan dan Financial Technology pada Warung Mie Gacoan Mustafida, Mustafida
Al-Faruq: Jurnal Hukum Ekonomi Syariah dan Hukum Islam Vol. 3 No. 1 (2024): Al-Faruq : Jurnal Hukum Ekonomi Syariah dan Hukum Islam
Publisher : Program Studi Hukum Ekonomi Syariah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58518/al-faruq.v3i1.2680

Abstract

Mie Gacoan is a very famous place to eat in Indonesia which is one of the businesses that is growing rapidly and has considerable growth potential today. There have been many business actors who have profited from this culinary business. However, not a few culinary business actors have gone out of business, aka bankrupt, because the marketing strategies used are not appropriate and the quality of service is not optimal. This means the success of a culinary business in managing financial aspects, the use of financial technology, and applicable business ethics. The research method used is quantitative associative with data collection carried out through national data observation. Data analysis using multiple linear regression shows that financial aspects and financial technology have a significant influence on the performance of Mie Gacoan. With a price per portion of Rp. 13,000, the profit is 21%. Sales increased by 11% annually, and for operations increased by 3%. Employee salary is 3%. The cost of raw materials has also increased by 6% every year.
Penerapan Etika Bisnis Islam di Warung Makan Ibu Matus: Studi di Kelurahan Ujung Piring, Kecamatan Bangkalan, Kabupaten Bangkalan Romdhoni, Wildhan
Al-Faruq: Jurnal Hukum Ekonomi Syariah dan Hukum Islam Vol. 2 No. 1 (2023): Al-Faruq : Jurnal Hukum Ekonomi Syariah dan Hukum Islam
Publisher : Program Studi Hukum Ekonomi Syariah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58518/al-faruq.v2i1.2682

Abstract

Starting and running a business must be based on ethics, because the implementation of business ethics will lead to noble goals, both in the form of material and immaterial profits. In Islamic economics, the vision and mission of business activities are not only profit-oriented, but also prioritize the benefits of a product and the blessings in obtaining profits. In fact, in the midst of society, there are still shifts in doing business which are not in accordance with the commands of sharia. Therefore, this paper discusses the implementation of business in one of the food stalls in Ujung Piring Village, Bangkalan District, Bangkalan Regency, namely Warung Makan Ibu Matus. The study in this paper is a field research with data acquisition through observation and interviews as the primary data. Then the results of the data are analyzed descriptively which is associated with secondary data, namely the principles of business ethics contained in fiqh books, and other literature. The result of this article is that Warung Makan Ibu Matus has integrated all the principles of Islamic business ethics well, supported by positive responses from its consumers. This confirms that these principles are not only religiously relevant, but also have a positive impact in the context of business and relationships with consumers.
Analisis Ketahanan Keluarga pada Pasangan Pekerja Pabrik: Perspektif Sosiologi Hukum dan Hukum Islam: Studi Kasus di Kelurahan Asemrowo, Kecamatan Asemrowo, Kota Surabaya Widodo, Purwo
Al-Faruq: Jurnal Hukum Ekonomi Syariah dan Hukum Islam Vol. 3 No. 1 (2024): Al-Faruq : Jurnal Hukum Ekonomi Syariah dan Hukum Islam
Publisher : Program Studi Hukum Ekonomi Syariah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58518/al-faruq.v3i1.2721

Abstract

Family welfare is everyone's dream. It is undeniable that economic factors are one of the things that greatly determine the welfare of a household. The family economy is no longer the responsibility of men (husbands), but women (wifes) have now taken part in the implementation of meeting daily needs. The reality that occurs in the people of Surabaya, there are married couples who still do not have enough to meet the needs of their families, where the couple both work in factories. This paper focuses on two studies, first, how the concept of family resilience in factory worker couples in the community of Asemrowo Village, Asemrowo District, Surabaya City. Second, what is the perspective of legal sociology and the perspective of Islamic law on family resilience in the factory worker couple. The type of research in this paper is field research, which is classified as qualitative and descriptive. The procedure is to produce descriptive data in the form of written or oral data from respondents and observable community behavior. This study concludes, first, that family resilience in working spouses is measured based on the resources they have, including three aspects, namely physical, psychological, and social. Second, the sociological view of law on family resilience in factory worker couples is an effort to understand family harmony and harmony in terms of social behavior of the community.

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