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Contact Name
Azka Amalia Jihad
Contact Email
azka.jihad@ar-raniry.ac.id
Phone
+6285362117576
Journal Mail Official
almudharabah@ar-raniry.ac.id
Editorial Address
JOURNAL SECRETARIAT: Building A, Sharia Economic Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry Banda Aceh, Indonesia. Jl. Syeikh Abul Rauf Kopelma Darussalam Banda Aceh, Indonesia, Postal Code 23111 E-mail: almudharabah@ar-raniry.ac.id | website: https://journal.ar-raniry.ac.id/index.php/mudharabah MAPS: https://maps.app.goo.gl/HE1rr2qDD8gdRMSY9
Location
Kota banda aceh,
Aceh
INDONESIA
Al-Mudharabah
ISSN : 26550547     EISSN : 28293665     DOI : http://doi.org/10.22373
Mudharabah: Journal of Sharia Economics and Finance is professionally managed and published by the Sharia Economic Law Study Programme, Faculty of Sharia and Law, UIN Ar-Raniry in helping academics, researchers and practitioners to disseminate their research results. Al-Mudharabah: Journal of Islamic Economics and Finance is a blind peer-reviewed journal dedicated to the publication of quality research results related to the field of Islamic Economics and Finance. All publications in Al-Mudharabah journal are open access allowing articles to be freely available without any subscription. THE SCOPE OF AL-MUDHARABAH: Jurnal Ekonomi dan Keuangan Syariah includes all the areas of research activities in all fields of Economics as theoritical and practical, Islamic Business Economics, Business Law, Economic Management, Microeconomics, Macroeconomics, International economics, International Trade, Experimental economics, Fiscal policy, Health Economics, Economics of Innovation and Entrepreneurship, Industrial Economics, Labour Economics, Inflation and monetary policy, Information economics, Environmental economics, and Agricultural economics etc and Finance as Public Finance, Personal finance, Securities and Investment Analysis, Institutional Finance, International Finance, Financial Management, Managerial finance, Corporate finance, Financial planner, Behavioral finance, Financial mathematics, Financial economics, Monetory, etc.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 227 Documents
ANALYSIS OF JUDGMENT No. 40/PDT.G/2023/PN.BNA ON DEFAULT OF DAYAH BUILDING PROJECT ACCORDING TO THEORY OF IJARAH 'ALA AL-'AMAL Sulthanul Akram Zulqahharsyah; Abd Razak
Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah Vol. 5 No. 2 (2024): Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah
Publisher : Prodi Hukum Ekonomi Syariah, Fakultas Syariah dan Hukum, UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/al-mudharabah.v5i2.6636

Abstract

The default case in the Dayah Safinatussalamah construction project in Aceh Singkil is an example of the complexity of implementing construction contracts based on ijârah 'ala al-'mâl contracts in Islamic law. CV Afdi Pratama as the contractor sued the Aceh Dyah Education Office for changes and additional costs that were not in accordance with the contract. This study aims to analyse the judge's consideration in rejecting the lawsuit over the construction contract dispute in Decision Number 40/Pdt.G/Pn.Bna and also the review of this decision according to the ijârah 'ala al-'amâl contract. The research method used is a normative juridical approach with a case study method. The main data is in the form of judge's decision documents, supported by literature review related to fiqh muamalah and contract regulations. Analysis was carried out qualitatively with content analysis to analyse trial facts, lawsuit materials, and legal considerations. The results showed that judges tended to use a formalistic approach by prioritising written evidence, ignoring technical realities and oral directions in project implementation. This decision does not reflect substantive justice, especially in recognising the plaintiff's right to additional costs due to work changes. In the perspective of ijârah 'la al-'amâl, this decision does not fully comply with the principles of justice (al-'is) and mutual consent (at-taradhin), which are the core of the contract in Islamic law so that the contract becomes fasid.
IMPLEMENTATION OF KHIYAR RU'YAH IN HOME INTERIOR ORDER TRANSACTIONS IN THE PERSPECTIVE OF FIQH MUAMALAH Muhammad Yusran Hadi; Fazrul Azis
Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah Vol. 5 No. 2 (2024): Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah
Publisher : Prodi Hukum Ekonomi Syariah, Fakultas Syariah dan Hukum, UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/al-mudharabah.v5i2.6809

Abstract

The pre-order transaction for the interior of the house is generally agreed upon at the beginning of the contract, while the payment is made by making a panjar and repayment after the product is installed in the consumer's home. Of course, consumers always want the interior products made to be of high quality and special in accordance with the desired shape and size, but sometimes the results of the ordered goods do not match expectations and contracts. This research was conducted to answer the question, how is the application of khiyar ru'yah in ordering interior products and how is the perspective of bai' istishna' on the application of khiyar ru'yah. This research uses descriptive analysis method with primary data sources obtained from field research and secondary data from literature research. The results of this study indicate that the agreement made by the owner and his customers in Kuta Raja is partly in writing and partly orally, and the application of khiyar ru'yah rights in interior order transactions, the seller gives the buyer the opportunity before making a payment to first check the interior product that has been completed, if an error is found the interior gives responsibility in the form of repairing the product or providing compensation whose amount is not agreed upon at the beginning, if the product cannot or is difficult to repair. It is concluded that the practice of khiyar ru'yah has been applied, but based on the perspective of bai' istishna' the application of khiyar ru'yah is not perfect, because the customer may not cancel the order if the ordered goods do not match the agreed form.
THE UTILISATION OF FINANCIAL TECHNOLOGY (FINTECH) LENDING SERVICES IN ACEH SOCIETY PRACTICES: Effectiveness Analysis of the Implementation of Qanun LKS Deka Oki Saputra
Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah Vol. 5 No. 2 (2024): Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah
Publisher : Prodi Hukum Ekonomi Syariah, Fakultas Syariah dan Hukum, UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/al-mudharabah.v5i2.6863

Abstract

The utilisation of online financial technology (fintech) lending services by the people of Aceh is quite large. The Aceh Provincial Financial Services Authority (OJK) noted an increase in the practice of Acehnese people interacting with fintech lending companies that have doubts about their sharia. Currently, the Qanun on Sharia Financial Institutions (LKS) only regulates direct lending between Acehnese and Aceh-based LKS companies. Therefore, this paper aims to analyse the effectiveness of the implementation of the Qanun LKS in the practice of Acehnese people using fintech lending services. This research is studied with two approaches, namely conceptual approach and statute approach, with the type of normative legal research. The nature of this research analysis is prescriptive. The results showed that the development of fintech lending technology provides opportunities, making it easier for the people of Aceh to obtain online loans using only a website or smartphone application. There is an increase in online loan interactions with fintech lending companies made by the people of Aceh from year to year. In the context of legal regulation in Aceh, Qanun LKS only regulates direct loan financing through LKS companies operating in Aceh. Thus, in terms of legal effectiveness, the application of Qanun LKS to the utilisation of fintech lending services in Acehnese practice has not been effective. There are 4 indicators, namely there is no legal material for Qanun LKS that regulates sharia-based fintech lending, there is no law enforcer who oversees fintech lending traffic in Aceh, there are no facilities and infrastructure for law enforcement in fintech lending, and the lack of legal culture and legal awareness of the people of Aceh.
ANALYSIS OF ISLAMIC LAW ON WORK AGREEMENTS WITH THE PARTNER SYSTEM BETWEEN COMPANIES AND EMPLOYEES: Study on Ninja Xpress Banda Aceh Imaduddin Abilfada Kusairy
Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah Vol. 5 No. 2 (2024): Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah
Publisher : Prodi Hukum Ekonomi Syariah, Fakultas Syariah dan Hukum, UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/al-mudharabah.v5i2.6865

Abstract

Couriers are one of the important assets for logistics companies such as Ninja Xpress. In carrying out its business, Ninja Xpress opens vacancies for all Indonesian people to join Ninja Xpress couriers with a partner system. in practice, there is a discrepancy in the payment of wages and bonuses by the company to couriers, so couriers must personally record the number of packages and bonuses that have been delivered to consumers during the month, this is done to avoid the company's actions that arbitrarily avoid its obligations as an employer. The research method used is a qualitative research method with an analytical descriptive approach, data collection techniques are carried out by interviews and documentation as well as literature studies and regulations related to this research. The results of the research show that the form of the Rider Service Agreement between Rider SPH as a service provider and Ninja Xpress as a service recipient is made in writing, and has fulfilled the provisions of the valid terms of the agreement as referred to in Article 1320 Kuhperdata. The Islamic law review of the Ninja Xpress work agreement found that in practice the SPH Rider Service Agreement No. 17792/PKS/HR- SPH Ninja/I/2024 has fulfilled the pillars and conditions of ijarah al-amal, but the concept of ijarah al-amal risk is not in accordance with the provisions due to the transfer of responsibility for damage to goods or loss to Rider SPH as a service provider.
THE CONVERSION OF MITRA DHUAFA COOPERATIVE OF BIREUEN DISTRICT INTO SHARIAH SCHEME: An analysis of Indonesia legal norm and Fiqh Muamalah Muhammad Abrar; Arifin Abdullah; Muslim
Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah Vol. 5 No. 2 (2024): Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah
Publisher : Prodi Hukum Ekonomi Syariah, Fakultas Syariah dan Hukum, UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/al-mudharabah.v5i2.7369

Abstract

The Aceh government requires all financial institutions to operate based on sharia principles, in its implementation there are still obstacles in the conversion process, such as the Mitra Dhuafa Cooperative in Bireuen Regency. The problem is that sharia principles have not been fully implemented in service products and the separation of capital made by cooperatives from conventional ones which still contain usury. The question in this study is how the implementation of Sharia principles in the Mitra Dhuafa cooperative and what are the obstacles faced in the conversion process. This research uses descriptive analysis method to describe systematically, factually, and accurately about the implementation of sharia conversion in Mitra Dhuafa Cooperative. The approach used is a case study with a qualitative research type. Research data were obtained from primary and secondary sources through literature study and interviews with related parties. Data analysis is carried out by systematically compiling information obtained from interviews, field notes, and other documents so that it can be understood and interpreted properly. The results showed that although Mitra Dhuafa Cooperative has converted to a sharia system, there are still some things that are not fully in accordance with sharia principles, especially in the management of capital and sources of funds and product services that are not fully sharia principles. In the perspective of fiqh muamalah, the management of initial funds after converting to sharia must be clean from the elements of usury and gharar, it is also important for cooperatives to provide education to members to understand how the Islamic banking system. It needs support from various cross-sectors to evaluate the constraints and challenges faced by financial institutions after being converted to sharia.
ANALYSIS OF MUI FATWA NO. 83 OF 2023 CONCERNING THE BOYCOTT OF PRODUCTS AFFILIATED WITH ISRAEL BASED ON THE THEORY OF SADD AZ- ZARI'AH Isratul Marfirah
Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah Vol. 5 No. 2 (2024): Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah
Publisher : Prodi Hukum Ekonomi Syariah, Fakultas Syariah dan Hukum, UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/al-mudharabah.v5i2.7385

Abstract

The dynamics of the conflict between Palestine and Israel, made the Indonesian Ulema Council issue MUI Fatwa No. 83 of 2023 concerning the Prohibition of Transactions and the Use of Products Affiliated with Israel, which initially the law of transaction activities and the use of products is permissible. Therefore, this study aims to analyse MUI Fatwa No. 83 of 2023 concerning the prohibition of transactions of products affiliated with Israel from the perspective of saddudzari'ah. The type of research conducted is library research. The method used is a qualitative method with a normative legal approach. The primary data source in this study is MUI Fatwa No. 83 of 2023 concerning the Law of Support for the Struggle for Palestine. While secondary data is taken from books or articles related to the title of the study. Then the data is analysed using data analysis methods or techniques that involve dissecting the text or contents of the book. This study concludes two things. First, the legal basis used by the MUI in determining MUI Fatwa No. 83 on the law on the Palestinian struggle, according to the objectives and contents of the fatwa. Second, the saddudzariah review of MUI Fatwa No. 83 of 2023 concerning the Law on Support for the Palestinian Struggle changes the law on transactions and the use of products affiliated with Israel, when viewed from the pillars of sadd saddudzari'ah, namely on actions or actions that apply so that intermediaries to something, in MUI Fatwa No. 83 of 2023, namely initially the law on transactions and the use of products affiliated with Israel was permissible or allowed to be forbidden. Because there is a strong suspicion that it brings damage, namely, it can support Israeli aggression against Palestine either directly or indirectly.
CONCEPT AND LEGALITY OF FRANCHISE BUSINESS MODEL IN FIQH MUAMALAH Hidayatul Akbar
Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah Vol. 5 No. 2 (2024): Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah
Publisher : Prodi Hukum Ekonomi Syariah, Fakultas Syariah dan Hukum, UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/al-mudharabah.v5i2.7452

Abstract

Franchising is one type of marketing in the modern era, where an individual businessman or business entity claims his business with certain characteristics and has special rights or the use of trademarks and business models. This research wants to see about the concept and legality of the franchise business model in the perspective of Islamic economic law. This research uses a literature approach, where the main data is obtained from secondary data sources, both from legal norms, relevant research and articles that have a relationship with this research. The results show that the concept of a business or venture using a franchise platform is permissible as long as it is in accordance with the principles allowed in Islam. Franchises are prohibited if they contain elements, such as businesses that aim to avoid various business irregularities (moral hazard), namely maysir (speculation), immorality, gharar (fraud), haram, usury, ikhtikar (hoarding/monopoly), and dharar (harmful).
ZONING SYSTEM IN IRRIGATING RICE FIELDS IN KEULILING RESERVOIR ACCORDING TO THE CONCEPT OF HAQ AL-MAJRA: Study in Kuta Cot Glie Aceh Besar, Indonesia Wafa' Widad; Sa'dan, Saifuddin; Shabarullah
Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah Vol. 6 No. 1 (2025): Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah
Publisher : Prodi Hukum Ekonomi Syariah, Fakultas Syariah dan Hukum, UIN Ar-Raniry

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

Abstract

Management and supervision of irrigation in Keuliling Reservoir play an important role in ensuring adequate water supply for rice farming in the region. By implementing a zoning system, air distribution can be carried out evenly to various areas in need so that each farmer has the right to the air used for their rice fields. However, in practice, injustice in the distribution of air often arises, such as unilateral control by several farmers, which can disrupt the distribution that should be fair. To overcome this, deliberation and coordination between farmers are needed, which can be facilitated through the Water User Farmers Association (P3K) to plan joint air needs before the planting season begins. In addition, the concept of haq al-majra is also relevant in the management of rice field irrigation, especially in Cot Glie District, where farmers are given the right to utilize water channels on other people's land for the benefit of irrigating their rice fields, as long as it does not cause harm to other parties. The application of haq al-majra aims to create justice and harmony between farmers in the use of water. However, practices in the field are often disrupted by acts of injustice, such as blocking or unilaterally controlling water channels. Therefore, the implementation of haq al-majra must be carried out with full responsibility and prioritize long-term principles to ensure fair air distribution and avoid losses for other farmers.
MANAGEMENT OF ALMS FUNDS AT THE BAITURRAHMAN GRAND MOSQUE OF ACEH ACCORDING TO THE CONCEPT OF RI'AYAH AL-MASJID Muhammad Anas Aufa; Sulfanwandi; Hajarul Akbar
Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah Vol. 6 No. 1 (2025): Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah
Publisher : Prodi Hukum Ekonomi Syariah, Fakultas Syariah dan Hukum, UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/al-mudharabah.v6i1.7523

Abstract

This research aims to examine the management system and utilisation of alms funds within the framework of the concept of ri'ayah al-masjid at the Baiturrahman Grand Mosque. The focus of the research covers various aspects, such as the physical condition of the building, architecture, facilities, beauty, cleanliness, security, and management functions. Through a qualitative approach, this research aims to identify inhibiting factors in the management of alms funds and analyze in depth the effectiveness of the management and utilization of these funds. Data collection methods include interviews and documentation, with the research results presented in a narrative. Based on the study results, the management and utilization of alms funds at the Baiturrahman Grand Mosque have been running well, indicated by the preparation of financial reports regularly every month. However, from the perspective of ri'ayah al-masjid, the maintenance of the Baiturrahman Grand Mosque facilities still faces several obstacles. For example, several facilities are still lacking in maintenance, which has an impact on the disruption of the comfort of worshipers when they worship.
THE APPLICATION OF HYBRID CONTRACT SYSTEM IN GALA BANK FINANCING ACCORDING TO FIQH MUAMALAH: A STUDY ON KSPPS BAITUL QIRADH ABDYA, INDONESIA Yusran Hadi, Muhammad; Utari Silvia Roja
Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah Vol. 6 No. 1 (2025): Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah
Publisher : Prodi Hukum Ekonomi Syariah, Fakultas Syariah dan Hukum, UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/al-mudharabah.v6i1.7659

Abstract

Bank Gala is a product of KSPPS Baitul Qiradh Gala in Abdya district of Aceh, which supports local farmers by offering profit-sharing loans through two contract financing systems. This study addresses the legality of the two-contract system implementation in the financing scheme. The study uses a qualitative method, with primary and secondary data from interviews, observations, and documentation. The results show that, first, provisions and practices for implementing the two-contract system in sharia financing at KSPPS Baitul Qiradh Gala Muamalah are based on the company's provisions and the fatwa. Second, the Acehnese Ulama argue that the two-contract system's application to sharia financial institutions is the same as the Indonesian ulama's opinion: the system is permissible as long as the two contracts complement or perfect each other, which is Islamic. Third, the Islamic economic law perspective on implementing the two contracts for Bank Gala financing at KSPPS is based on its provisions, with the benefit of combining the two contracts, there is a principle of risk sharing between the customer and the cooperative, mutual help, and investment can benefit both parties by sharing profits and other benefits.

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