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Jl. Letnan Jenderal Soeprapto No. 19, Benua Melayu Darat, Kec. Pontianak Selatan, Kota Pontianak, Pontianak, Provinsi Kalimantan Barat, 78122
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INDONESIA
Journal of Shariah Economic Law
Published by Institut Agama Islam Negeri Pontianak
ISSN : -     EISSN : 30248310     DOI : https://doi.org/10.24260/
Core Subject : Religion, Economy, Humanities, Social,
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences
Al-Aqad is an interdisciplinary journal published twice a year online (e-journal) by the Department of Sharia Economic Law of Sharia Faculty of the Pontianak State Institute of Islamic Studies. It would be maintained every year to come up as a properly online journal included the reviewing process. The special issue would be made available for a particular condition. The regular issue includes August and November editions in each year which would be managing in journal archives.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 94 Documents
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IMPLEMENTASI MUSAQAH DALAM PRAKTEK PENGELOLAAN KEBUN KELAPA SAWIT DI DESA KOREK SUNGAI AMBAWANG KABUPATEN KUBU RAYA Dillah, Ubay; Riza, Moch Fahmi; Pulungan, Ishar
Al-Aqad Vol. 4 No. 2 (2024): Al-Aqad: Journal of Shariah Economic Law
Publisher : LP2M and Shariah Faculty of The Pontianak State Institute of Islamic Studies

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-aqad.v4i2.3408

Abstract

The purpose of this research is to find out: 1) whether Oil palm plantation management agreements between land owners and land managers in Korek Village; 2) Does the oil palm plantation management agreement in Korek Village fulfil the musaqah provisions in KHES. The data collection method in this research is field or empirical research, this research data collection technique uses observation, interviews and documentation techniques. Data analysis was carried out descriptively through four stages, namely: data collection, data reduction, data presentation and drawing conclusions. The results show that: 1) Regarding capital, the practice of musaqah is carried out by land owners with land managers, the land owner hands over oil palm plants (capital) and the land manager is responsible for the capital handed over by the land owner. The distribution of profits from the musaqah contract practice is expressed verbally, namely by sharing profits of 30% and 70% where the land manager gets 30% while the land owner gets 70% and some share the profits at 40% and 60% of the profits obtained from the musaqah contract practice. the. Based on the data in this research, the working time carried out by the parties varies, some parties determine the working time once every two years by starting a new contract, while others do not use a time limit. 1) Not all articles contained in the Compilation of Sharia Economic Law are applied in the musaqah contract, especially those contained in Article 266 concerning the pillars of musaqah, but there are most of the articles that have been implemented in the practice of managing oil palm plantations in Korek Village, Sungai Ambawang District, Kubu Raya Regency.
KONSEP DAN PRINSIP HUKUM JAMINAN PADA PERBANKAN SYARIAH Wahid, St. Hadijah; Putra, Wandi Pratama
Al-Aqad Vol. 4 No. 1 (2024): Al-Aqad: Journal of Shariah Economic Law
Publisher : LP2M and Shariah Faculty of The Pontianak State Institute of Islamic Studies

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-aqad.v4i1.3415

Abstract

The concept of Sharia Guarantee is an important aspect in Islamic economic activities, especially in Islamic banking. Sharia collateral is known as al-rahn in Arabic, which means fixed, continuous, and retained. In the perspective of Islamic law, al-rahn is used as collateral for debt by allowing the repossession of the property if the debtor defaults. In Islamic banking, the concept of collateral is based on Islamic principles, such as taqarrub (approach to God), justice, and balance. The principles of security law generally include certainty, proof of claim, public interest, repayment of debt, compliance, agreement, adherence to higher law, and the principle of justice. These principles form a fundamental framework to protect the interests of creditors, maintain the integrity of transactions, and accommodate relevant ethical and legal values. The method of exploring the principles of Islamic security law is through deduction and induction. Deduction is used to combine the legal principles of sharia contracts with the legal principles of sharia guarantees, while induction is used to develop legal principles by taking specific rules regarding sharia guarantees. The principles of sharia guarantee law concern aspects of freedom, equality, justice, harmony, honesty and writing.
BISNIS DROPSHIPPING KOSMETIKA PADA SHOPEE MENURUT FATWA DEWAN SYARIAH NASIONAL MAJELIS ULAMA INDONESIA NO: 145/DSN-MUI/XII/2021 TENTANG DROPSHIP BERDASARKAN PRINSIP SYARIAH Uyun, Qurrotul; Sulaiman, Rusdi; Anggriana, Anggita
Al-Aqad Vol. 4 No. 2 (2024): Al-Aqad: Journal of Shariah Economic Law
Publisher : LP2M and Shariah Faculty of The Pontianak State Institute of Islamic Studies

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-aqad.v4i2.3421

Abstract

This study aims to determine the mechanism of dropshipping cosmetics business in shopee according to the Fatwa of the National Sharia Council of the Indonesian Ulema Council No. 145/DSN-MUI/XII/2021 concerning Dropshipping Based on Sharia Principles: 145/DSN-MUI/XII/2021 concerning Dropship Based on Sharia Principles. This research uses qualitative methods with empirical normative research. Data sources were obtained from the results of drop shipper interviews on the shoppe application. While secondary data is obtained through primary legal material, namely the Fatwa of the National Sharia Council of the Indonesian Ulema Council No. 145/DSN-MUI/XII/2021 on Dropship Based on Sharia Principles: 145/DSN-MUI/XII/2021 concerning Dropship Based on Sharia Principles and other materials such as books, journals, laws, and articles related to the research. Data collection techniques through observation, interviews, and documentation. The results showed 1). In starting a dropshipping business on the Shopee application, the first step that must be taken by a Shopee drop shipper is to create a Shopee account and store account and find the right cosmetics supplier. When there is an order from the buyer, the drop shipper orders it to the supplier, using the buyer's address as the shipping destination and activating the send feature as a drop shipper. Sales funds will be received by the supplier and dropshipper when the buyer or dropshipper clicks the order is complete or the warranty period in the shopee application has expired. Buyers can also return goods or funds for certain reasons before the warranty period ends. 2). The dropshipping mechanism in the shopee application is in accordance with the Fatwa of the National Sharia Council of the Indonesian Ulema Council No. 145/DSN-MUI/XII: 145/DSN-MUI/XII/2021 Regarding Dropship Based on Sharia Principles.
UPAH PENGGALI KUBUR MENURUT PANDANGAN MAJELIS ULAMA INDONESIA (MUI) KOTA SINGKAWANG Maulana, Muhammad Iqbal; Bakar, Abu; Ulya, Nanda Himmatul
Al-Aqad Vol. 4 No. 2 (2024): Al-Aqad: Journal of Shariah Economic Law
Publisher : LP2M and Shariah Faculty of The Pontianak State Institute of Islamic Studies

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-aqad.v4i2.3425

Abstract

This research is a field study with a qualitative approach that follows the juridical-empirical paradigm. Data collection techniques were conducted through interviews and documentation using interview guidelines as the main tool, as well as cell phones and stationery as support. Primary data sources were obtained from sources, while secondary data were taken from literary references. The technique of checking the validity of the data was carried out by triangulating sources, namely verifying the data that had been collected through various sources. The purpose of this research is to find out the practice of giving wages to gravediggers in Singkawang City and the views of the Indonesian Ulema Council (MUI) of Singkawang City regarding the practice. The results showed that in Sungai Garam Village, North Singkawang Subdistrict, there is a practice of giving wages to gravediggers in the process of burying bodies that are following the pillars and conditions of wages and are justified in Islamic muamalah fiqh. MUI Singkawang City stated that in muamalah activities that have the principle of helping, giving wages to gravediggers is permissible as long as it does not burden the bereaved and fulfils the conditions of wages/ijarah. In conclusion, the practice of giving wages at funerals is allowed in Islam as long as it is done with sincerity from both parties.
BUNGA PINJAMAN BAITUL TAMWIL MUHAMMADIYAH RASAU JAYA PERSPEKTIF FATWA MAJELIS TARJIH MUHAMMADIYAH TENTANG BUNGA KOPERASI Wicaksana, Satyananda; Sulaiman, Rusdi; Hakimah, Nur
Al-Aqad Vol. 5 No. 1 (2025): Al Aqad: Journal of Shariah Economic Law
Publisher : LP2M and Shariah Faculty of The Pontianak State Institute of Islamic Studies

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Abstract

This research aims to find out how loan interest is implemented at Baitul Tamwil Muhammadiyah Rasau Jaya and to find out clearly whether the implementation of loan interest at Baitul Tamwil Muhammadiyah Rasau Jaya can be adjusted to the fatwa of the Muhammadiyah Tarjih Council regarding cooperative interest. Researchers use normative and empirical research types. Normative research functions to explore the fatwa of the Muhammadiyah Tarjih assembly regarding cooperative interest, while empirical research is to examine whether the implementation of loan interest at Baitul Tamwil Muhammadiyah Rasau Jaya can be adjusted to the fatwa of the Muhammadiyah Tarjih regarding cooperative interest. The data used in this research is primary data obtained from interviews with the management and customers of Baitul Tamwil Muhammadiyah Rasau Jaya and secondary data obtained from library sources such as books and journals. In this study, documentation, interviews, and observation were the methods used to collect data. Meanwhile, the researcher's data analysis techniques involved data reduction, data presentation, and conclusions. Then the validity of the data is tested through triangulation of technique, source, and time. The research results show that: 1) Baitul Tamwil Muhammadiyah Rasau Jaya applies loan interest. The interest (additional fees) will be returned to Baitul Tamwil members in the form of a loan. This is done based on the principle of ta'awun; 2) Based on its articles of association, Baitul Tamwil Muhammadiyah Rasau Jaya is declared a sharia savings and loan cooperative, thus it can be adjusted to the fatwa of the Muhammadiyah Tarjih Council regarding cooperatives.
PERJANJIAN SEWA MENYEWA LAHAN DI DESA SUNGAI PURUN BESAR PRESPEKTIF KOMPILASI HUKUM EKONOMI SYARIAH BAB XI TENTANG IJARAH Husni, Muhammad; Bakar, Abu; Nahdhiyyah, Husnun
Al-Aqad Vol. 5 No. 1 (2025): Al Aqad: Journal of Shariah Economic Law
Publisher : LP2M and Shariah Faculty of The Pontianak State Institute of Islamic Studies

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Abstract

The objective of this research is to examine: 1) The implementation of agricultural land lease agreements in Sungai Purun Besar Village, Mempawah; and 2) The practice of such leases from the perspective of the ijarah contract under the Compilation of Sharia Economic Law (KHES). The researcher employed a qualitative research method. Data collection techniques included observation, interviews, and documentation. For data analysis, the researcher conducted data verification, tabulation, reconstruction, and systematic organization. The findings indicate that: 1) The implementation of agricultural land lease agreements in Sungai Purun Besar Village, Mempawah Regency, can be observed through three aspects: the contract itself, the object of the contract, and the rental payment arrangement agreed upon by both the landowner and the land manager. The contract used is an oral ijarah agreement. The object of the contract in this study is agricultural land. Rental payments are made after harvest, according to prior mutual agreement based on the size of the leased land. 2) The implementation of agricultural land leasing in Sungai Purun Besar Village, viewed from the perspective of the ijarah contract, complies with KHES provisions regarding the pillars (rukun) of ijarah, the form of contract (sighat), conditions for execution, rental payment mechanisms, use of the leased object, rental price, type of ma’jur (lessee), and return of the land. These practices are consistent with KHES regulations.
Covid-19 Sebagai Alasan Force Majeure Atas Pembatalan Keberangkatan Umrah Di PT. Tazakka Elhaq Ditinjau Dari Kompilasi Hukum Ekonomi Syariah Nawawi, Muhammad Reza; Sulaiman, Rusdi; Anggriana, Anggita
Al-Aqad Vol. 5 No. 1 (2025): Al Aqad: Journal of Shariah Economic Law
Publisher : LP2M and Shariah Faculty of The Pontianak State Institute of Islamic Studies

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Abstract

This study aims to analyze whether the Covid-19 pandemic can be considered a force majeure under the Compilation of Sharia Economic Law (KHES) and how PT. Tazakka Elhaq responded to the cancellation of umrah departures due to the pandemic. Using a normative-empirical legal approach, the research collected primary and secondary data through interviews and documentation, analyzing the data qualitatively. The findings indicate that Covid-19 fulfills the criteria of a force majeure event as stipulated in Article 41 of KHES and can be classified as a relative force majeure, since, although umrah travel was technically still possible, the associated risks and potential losses were excessively high and beyond reasonable limits. In accordance with the Minister of Religious Affairs Regulation (KMA) No. 719 of 2020, PT. Tazakka Elhaq adopted a policy of assuming responsibility in three forms: material (refunding costs to pilgrims who canceled), moral (maintaining trust through transparent communication and service), and legal (negotiating rescheduling of departure dates for pilgrims who chose to postpone rather than cancel).
TRANFORMASI AKAD PENYEWAAN TEMPAT PEMANCINGAN MADUN FISHING CLUB DI KABUPATEN KETAPANG MENJADI PERLOMBAAN BERDASARKAN KOMPILASI HUKUM EKONOMI SYARIAH BAB XI TENTANG IJARAH Hasmidar, Fajar Saputra; Fahmi, Moch. Riza; Wibowo, Arif
Al-Aqad Vol. 5 No. 1 (2025): Al Aqad: Journal of Shariah Economic Law
Publisher : LP2M and Shariah Faculty of The Pontianak State Institute of Islamic Studies

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Abstract

This research was motivated by the practice of transforming contracts from renting to competitions that occurred at the Madun Fishing Club, Ketapang Regency. This research aims to find out how the Madun Fishing Club's fishing rental contract in Ketapang Regency became a competition and to find out how the Compilation of Sharia Economic Law (KHES) review transformed the object of the Madun Fishing Club's fishing rental contract in Ketapang Regency. The research approach in preparing this thesis is to use a qualitative approach with a type of empirical juridical research. Meanwhile, the secondary data in this research itself are business owners and competition participants or renters in the Madun Fishing Club. Primary data sources include journals and related documents, in this case, KHES. Data collection techniques are interviews, observation, and documentation. This data was analyzed using the theory of legal pluralism, while the technical data analysis used by researchers involved data collection, data reduction, data presentation, and drawing conclusions. Based on the data obtained, this research can conclude, namely, 1). The rental agreement for the competition held by the Madun Fishing Club in Ketapang Regency is carried out in writing individually using the Galatama competition system. In terms of implementation, this competition system as a whole uses a rental agreement. 2) The rental of the Madun Fishing Club fishing ground in Ketapang Regency, which turns into a competition, can be justified in the Compilation of Sharia Economic Law, namely in Article 29,7, which states that the ijarah contract can be changed, extended, and canceled based on agreement.
IMPLEMENTASI SERTIFIKASI HALAL AMPLANG WARJOK DI DESA KAUMAN KABUPATEN KETAPANG (Tinjauan Terhadap Undang Undang Nomor 33 Tahun 2014 Tentang Jaminan Produk Halal) Ibard, Irsyadul; Achmad, Firdaus; Suhardiman, Suhardiman
Al-Aqad Vol. 5 No. 1 (2025): Al Aqad: Journal of Shariah Economic Law
Publisher : LP2M and Shariah Faculty of The Pontianak State Institute of Islamic Studies

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Abstract

This study analyzes the implementation of halal certification for Amplang Warjok products in Kauman Village, Ketapang, based on Law No. 33 of 2014 on Halal Product Assurance. It employs a qualitative approach with field research methods. Data were collected through interviews and documentation, using primary data from direct information provided by business owners and secondary data obtained from books, journals, theses, and related articles. Data analysis followed the interactive model of Miles and Huberman, including data collection, reduction, presentation, and conclusion drawing. The findings indicate: (1) Business owners have submitted halal certification applications to the Indonesian Ulema Council (MUI), accompanied by field surveys to verify raw materials and production facilities; (2) In accordance with Article 4 of Law No. 33/2014, all products circulated and traded in Indonesia must be halal-certified—prompting business operators to renew their certificates periodically to remain legally operational.
Studi Kompetatif Over Kredit Motor Perspektif Kitab Undang-Undang Hukum Perdata dan Kompilasi Hukum Ekonomi Syariah Muhammad, Muhammad; Bakar, Abu; Hakimah, Nur
Al-Aqad Vol. 5 No. 1 (2025): Al Aqad: Journal of Shariah Economic Law
Publisher : LP2M and Shariah Faculty of The Pontianak State Institute of Islamic Studies

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Abstract

This study aims to analyze the practice of motorcycle credit transfer (oper kredit motor) among the community in Pontianak City from the perspectives of the Indonesian Civil Code (KUHPerdata) and the Compilation of Sharia Economic Law (KHES). The research employs a juridical-empirical approach. Secondary data sources include books on civil law, Islamic law, literature on credit and banking, journals, theses, dissertations, and relevant websites. Data were collected through observation and documentation, and analyzed qualitatively to draw conclusions. The findings indicate that: 1) The procedure for motorcycle credit transfer is permissible under the Civil Code, provided that the essential elements and conditions of the agreement are fulfilled and mutually agreed upon by the debtor and creditor; 2) Under KHES, such credit transfer is also allowed, as long as it complies with the requirements of hiwalah, including legal capacity (ahliyyah), sound mind, and tamyiz (discernment); 3) Both legal systems share similarities in requiring the parties involved in the contract—muhiil (the original debtor), muhal (the creditor), and muhal ‘alaih (the new debtor)—to be legally competent, mentally sound, and to express a valid offer and acceptance (ijab-qabul). The main difference lies in the age requirement for legal capacity: the Civil Code sets it at 21 years, whereas KHES recognizes legal capacity from the age of 18.

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