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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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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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Kualifikasi Kualifikasi Akad Tabungan Emas Bank Syariah Indonesia (BSI) Ahmad Yani Menurut Ketentuan Kompilasi Hukum Ekonomi Syariah (KHES) Tentang Ba’i Murabahah Rizki Aprilia, Tria; Ma'u, Dahlia Halia; 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 aims to understand and qualify the gold savings product contract at Bank Syariah Indonesia (BSI) Ahmad Yani branch, referring to the KHES (Council of Islamic Scholars) regulations on murabahah sales. The gold savings product is a service that allows customers to buy and sell gold at affordable prices, with the facility of safekeeping. This service provides ease for the public to invest in gold. Gold savings at BSI use a murabahah contract. Generally, murabahah is a sales contract between the bank and the customer at the acquisition price plus an agreed profit margin. A qualitative research method with an empirical juridical approach was employed in this study. Primary data was collected through interviews with two informants from the BSI Ahmad Yani Pontianak branch. Secondary data was obtained from journals, articles, and the internet. Data collection techniques involved documentation and interviews. The collected data were analyzed systematically and presented in a research report.
ANALISIS HUKUM ISLAM TERHADAP KETENTUAN UPAH JURU PARKIR DALAM PERATURAN BUPATI NOMOR 12 TAHUN 2013 Sa'dia, Kharismatus; Yasin, Achmad
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 analyze Regent Regulation (Perbup) No. 12 of 2013 concerning wages for parking attendants from an Islamic law perspective. The focus of the research is to see how the wage provisions for parking attendants are in accordance with Sharia principles, especially related to work contracts, fairness in providing proportional wages, and the protection of workers' rights in Islam. The research method used is a descriptive analytical approach by examining the Regional Regulations based on muamalah fiqh literature and other sources of Islamic law. The research results show that although Perbup No. 12 of 2013 provides clear regulations regarding wages for parking attendants, several aspects need to be reviewed further from a sharia perspective, such as clarity of contracts, fairness of proportional wages, as well as application of the principle of balancing rights and obligations between workers and employers. The implication of this study is the need for adjustments in local regulations to be more in line with the values ​​of justice and benefit taught in Islamic law, so as to create a wage system that is fairer and in line with sharia.
PEMBAGIAN HASIL PERKEBUNAN KARET DI DESA GALING: TINJAUAN ATAS PRINSIP MUSAQAH DALAM KOMPILASI HUKUM EKONOMI SYARIAH Sawali, Silma; Syahbudi, Syahbudi; Rahmiani, 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 determine the implementation of the musaqah contract in the KHES review of cooperation for the production sharing of rubber plantation maintenance in Galing Village. This research uses qualitative research methods with a type of field research and a normative sociological paradigm approach. The data source uses primary data obtained from interviews with the owners and managers in Galing Village. The people of Galing Village rely heavily on the agricultural sector for economic growth. The agricultural sector is one of the sectors that greatly contributes to the economy in Galing Village. Plantation crops, namely rubber plantations, are one of the agricultural subsectors that can help meet the economic needs of the people of Galing Village. The owner and manager of the rubber plantation in Galing Village collaborate on the production sharing of rubber plantations with an oral agreement and use a musaqah contract. The pattern of profit sharing is based on the initial agreement, namely, using a profit-sharing system based on production results, with as much as 1/3 of the harvest. In the implementation of this profit sharing, there is a default committed by the owner against the manager by reducing the profit sharing for the manager. However, the implementation of this agreement violates the law of musaqah. This is because there is a reduction in profit sharing that is detrimental to the manager. According to Musaqah in the Compilation of Sharia Economic Law regarding the division of plantation yields, there is a violation of Musaqah law.
Analisis Yuridis Wanprestasi dalam Akad Gadai Syariah dan Pertanggungjawaban Ahli Waris: Studi Kasus Putusan PA Tangerang No. 2070/Pdt.G/2024/PA.Tng Jalal, A.M. Fadli Dzil; Z, Sahman; Rahmat, Rahmat
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 discusses breach of contract (wanprestasi) in Islamic pawn agreements (rahn) and the liability of heirs for the debts of the deceased, based on a case study of the Religious Court Decision of Tangerang No. 2070/Pdt.G/2024/PA.Tng. The primary focus is a juridical analysis of how the judge structured the resolution of default disputes in a rahn contract, particularly when the debtor (rahin) passes away before settling the debt. This research employs a normative juridical legal method with statutory, conceptual, and maqasid al-shariah approaches. The findings show that the judge harmoniously integrates principles of civil law and Islamic law by emphasizing that the deceased’s debts must first be settled from the estate before it can be distributed among the heirs. The heirs are not personally liable for any remaining debt beyond the value of the inherited estate. The ruling aligns with Article 833 of the Indonesian Civil Code, Article 175 paragraph (1) of the Compilation of Islamic Law, and the values of maqasid al-shariah, particularly the protection of wealth (ḥifẓ al-māl) and justice (‘adl). This research contributes to the development of Islamic economic law, especially in resolving defaults with comprehensive legal, moral, and social considerations. Thus, the decision reflects substantive justice and legal certainty for all parties.
Belajar bahasa inggris di komunitas lokal Ella, Ella; Rahmat, Rahmat; Rahmiani, Nur
Al-Aqad Vol. 5 No. 2 (2025): Hukum Ekonomi Syariah
Publisher : LP2M and Shariah Faculty of The Pontianak State Institute of Islamic Studies

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This study aims to examine the practice of ijarah (leasing) in rental housing agreements and to analyze such practice based on the Compilation of Sharia Economic Law (KHES), specifically regarding ijarah contracts for rental houses built on land owned by a third party. The research employs a qualitative method with a field study design and an empirical approach. Primary data were collected through interviews with ten informants—five landlords and five tenants—in the Waduk Permai area of Pontianak City. Secondary data were obtained from books and journals to support and strengthen the findings. Data collection techniques included interviews and documentation, and data validity was ensured through triangulation. The findings show that: 1) Rental agreements for houses in Waduk Permai are conducted orally, without any written contract or formal written ijarah agreement. The researcher also found that landlords did not clearly disclose at the outset of the agreement that the land under the rental house was not their own property. 2) According to KHES Article 303, the lessor in an ijarah contract must be the owner of the property, their authorized representative, or a legal guardian. However, in the observed cases, the lessors did not meet any of these conditions stipulated in KHES Article 303, raising concerns about the validity of the ijarah contracts in this context.
PELAKSANAAN PERJANJIAN KEMITRAAN PERKEBUNAN KELAPA SAWIT ANTARA PT PAPA AGROTAMA SAWIT DAN KOPERASI UNIT DESA MUFAKAT JAYA MANDIRI DALAM PERSPEKTIF KOMPILASI HUKUM EKONOMI SYARIAH Fighi Dwi Anggara; Syahbudi, Syahbudi; Pulungan, Ishar
Al-Aqad Vol. 5 No. 2 (2025): Hukum Ekonomi Syariah
Publisher : LP2M and Shariah Faculty of The Pontianak State Institute of Islamic Studies

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Abstract

Oil palm plantations represent a strategic sector in Indonesia’s economy and play a vital role in enhancing rural communities’ income. This study aims to examine the legal basis, cooperation model, and terms stipulated in the partnership agreement between PT Papa Agrotama Sawit and Koperasi Unit Desa (Village Unit Cooperative) Mufakat Jaya Mandiri, as well as to analyze its compliance with the principles of Sharia economic law outlined in the Compilation of Sharia Economic Law (KHES). The research employs a descriptive qualitative method with a field-based approach. Data were collected through observation, interviews, and documentation. Primary data were obtained from the cooperative’s treasurer, the company’s plantation manager, and cooperative members, while secondary data were drawn from the partnership agreement and the Compilation of Sharia Economic Law (KHES). Data analysis followed an interactive model involving data reduction, data presentation, and conclusion drawing. Data validity was ensured through source and method triangulation. The findings indicate that the partnership was initiated by the local community’s desire to productively manage customary land. The cooperation model adopted is the nucleus–plasma system, with profit sharing allocated at 63.6% for the company and 36.4% for the cooperative. The agreement’s content aligns with the principles of muzara’ah, musaqah, and mukhabarah contracts as stipulated in the KHES. However, a notable weakness remains regarding the cooperative’s legal status, as it has not yet obtained formal legal entity recognition. Therefore, institutional strengthening of the cooperative is essential to ensure the partnership agreement is valid both under Sharia law and positive (national) law.
PENERAPAN AKAD MUSAQAH TERHADAP BAGI HASIL KEBUN KARET DI DESA PASAK KECAMATAN SUNGAI AMBAWANG Nofal; Hasan, Muhammad; Qomaruzzaman, Qomaruzzaman
Al-Aqad Vol. 5 No. 2 (2025): Hukum Ekonomi Syariah
Publisher : LP2M and Shariah Faculty of The Pontianak State Institute of Islamic Studies

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This study aims to examine the characteristics and qualifications of the parties involved in the musaqah contract within the practice of profit-sharing arrangements in rubber plantations in Pasak Village, as well as the content of the musaqah contract and the sighat (contractual declaration) used in this practice in Pasak Village, Sungai Ambawang Subdistrict. The research employs a qualitative method with a normative-empirical legal research approach. Data sources include primary data and secondary data such as books, journals, theses, and articles. Data collection techniques involve interviews and documentation. The data analysis technique used by the researcher consists of data collection, data reduction, data presentation, and drawing conclusions. The findings indicate that: 1) The characteristics of the musaqah contracting parties are primarily driven by economic and social motivations, such as limited capital, aspirations for fairness, and the need to fulfill family necessities. Technical competence and practical experience are considered more important than formal educational background, with cooperative relationships typically lasting between seven to ten years; 2) The content of the musaqah contract includes the division of responsibilities, profit-sharing ratios (60% to the cultivator and 40% to the landowner), and marketing mechanisms. Participatory negotiation processes and periodic evaluations help maintain the relevance and fairness of the agreement; 3) The sighat is performed informally through oral declarations, handshakes, and recitation of "bismillah" (in the name of God) in the presence of witnesses. Although not documented in writing, this form of sighat is regarded as valid and morally and spiritually binding, reflecting an adaptation of Sharia principles to local customary norms.
SEWA MENYEWA LAHAN PERTANIAN DI DESA SARANG BURUNG KOLAM DALAM REKONTRUKSI AKAD PERSPEKTIF KOMPILASI HUKUM EKONOMI SYARIAH (KHES) Yuliana, Yuliana; Fadhil, Moh.; Ulya, Nanda Himmatul
Al-Aqad Vol. 5 No. 2 (2025): Hukum Ekonomi Syariah
Publisher : LP2M and Shariah Faculty of The Pontianak State Institute of Islamic Studies

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This study aims to: 1) Examine the practice of agricultural land leasing in Sarang Burung Kolam Village; and 2) Analyze the legal status of this leasing practice from the perspective of the Compilation of Sharia Economic Law (KHES). The research employs a qualitative field study approach with a descriptive design. Data were collected through interviews and documentation. Data validity was verified using triangulation methods. Data analysis followed an interactive model, comprising data reduction, data presentation, and conclusion drawing. The findings indicate that: 1) Agricultural land leasing in Sarang Burung Kolam Village is carried out under a two-crop seasonal system, namely musim tahun kacik (small-year season) and musim tahun basar (big-year season); 2) This leasing practice complies with the provisions stipulated in Chapter I, Article 20 of the Compilation of Sharia Economic Law (KHES) concerning the general terms of ijarah. Consequently, the practice can be categorized under Sharia law as an ijarah contract.
ANALISIS PERJANJIAN DENGAN SISTEM EMPLONG DI DESA SUNGAI RENGAS BERDASARKAN KATAGORI HUKUM AKAD PASAL 26-28 DAN PENAFSIRAN AKAD PASAL 48-55 KOMPILASI HUKUM EKONOMI SYARIAH Aisyah, Siti; Fahmi, Moch. Riza; Wahyuni, Dwita
Al-Aqad Vol. 5 No. 2 (2025): Hukum Ekonomi Syariah
Publisher : LP2M and Shariah Faculty of The Pontianak State Institute of Islamic Studies

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The purpose of the research is to: (1) Understand the process of creating an emplong (profit-sharing) agreement in Sungai Rengas Village; (2) Analyze its provisions according to Articles 26-28 of KHES regarding contract categories; and (3) Interpret it according to Articles 48-55 of KHES concerning contract interpretation. The research method used is empirical, with data collection techniques through interviews and documentation. Data analysis is conducted descriptively through four stages: collection, reduction, presentation, and conclusion drawing. The research findings indicate that: first, the process of an emplong agreement begins with an initial approach between the landowner and the cultivator, followed by negotiation of terms (such as a 50:50 profit split), and concludes with an agreement. Second, based on Articles 26-28 of KHES, this agreement shares similarities with a lease contract (ijarah) as it involves the utilization of an object (land) and must fulfill the valid conditions and pillars in Islam. Third, the interpretation according to Article 48 of KHES emphasizes that the execution of the contract must align with the original intent and purpose of the agreement (maudhu' al-'aqd), not merely adhering to its formal wording. Thus, the essence of cooperation and fairness in profit-sharing serves as its fundamental basis.
TINJAUAN HUKUM EKONOMI SYARIAH TERHADAP JUAL BELI BUKET UANG DI TANJUNG HILIR PONTIANAK Sa’diyah, Halimatus; Fahmi, Moch Riza; Zulfahoirina, Tina
Al-Aqad Vol. 5 No. 2 (2025): Hukum Ekonomi Syariah
Publisher : LP2M and Shariah Faculty of The Pontianak State Institute of Islamic Studies

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The phenomenon of buying and selling money bouquets in Tanjung Hilir, Pontianak, is increasingly developing as part of the gift-giving trend that prioritizes aesthetic value, uniqueness, and flexibility for various celebratory events. The growing demand for money bouquets raises questions regarding the conformity of this practice with the principles of Islamic Economic Law, particularly concerning price determination and the use of money as an object of transaction. This study aims to describe the practice of buying and selling money bouquets in Tanjung Hilir, Pontianak, and analyze it from the perspective of Islamic Economic Law. This research employs a qualitative method with a normative-empirical approach through data collection techniques such as observation, interviews, and documentation. Data were analyzed using an interactive analysis model, including the stages of data collection, reduction, presentation, and conclusion drawing. The results indicate that the practice of buying and selling money bouquets is conducted both directly and through social media, with the use of real money as part of the bouquet based on mutual agreement between the seller and buyer. Price determination includes components of material costs, the nominal value of the money, and the creative service of the arranger. Based on the analysis of Islamic economic law, this practice is permissible as it does not contain elements of usury (riba), uncertainty (gharar), or gambling (maisir), and the price difference is considered as ujrah or compensation for the arranging service. In conclusion, the buying and selling of money bouquets in Tanjung Hilir, Pontianak, is deemed valid and in accordance with sharia principles as long as it is conducted transparently, fairly, and based on the mutual consent of both parties.

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