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INDONESIA
Indonesian Journal of Islamic Economic Law
Published by Universitas Muhammadiyah Surakarta
ISSN : -     EISSN : 30314275     DOI : https://doi.org/10.23917/ijoel
Core Subject : Religion, Economy, Social,
Religion Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice
Indonesian Journal of Islamic Economic Law is a peer-reviewed journal dedicated to publishing the scholarly study of the islamic economic law many different perspectives. Particular attention is paid to the works dealing with application of Islamic Finance: Islamic finance has been increasingly applied in various sectors and industries, including banking, insurance, investment, and real estate. Islamic finance promotes risk-sharing and profit-sharing arrangements, as well as ethical and socially responsible investment practices, which can contribute to greater financial stability and sustainable economic growth. Application of Zakat and Waqf: Zakat and Waqf are important tools in promoting social justice and alleviating poverty in Islamic societies. Zakat is a form of obligatory charity, which is collected from the wealth of those who are able to pay and distributed to the needy and vulnerable members of society. Waqf, on the other hand, is an endowment that is used for charitable purposes, such as funding education, healthcare, and social welfare programs. These forms of charitable giving can play a significant role in reducing poverty and promoting social welfare. Application of Islamic Economic Social Justice: Islamic economic social justice emphasizes the fair and just distribution of wealth, as well as the promotion of social welfare and equal opportunities for all members of society.
Arjuna Subject : Seni dan Humaniora - Studi Agama
Articles 24 Documents
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دراسة التحليل المقارنة عقد المضاربة من منظور فتوى المحكمة العليا وفتوى مجلس الشرعي الوطني : An Analysis of Mudarabah Contracts in The Perspective of The Supreme Court Regulation and DSN-MUI Fatwa Ibrahim, Siti Nawal; Saifullah, Saifullah
Indonesian Journal of Islamic Economic Law Vol. 2 No. 2 (2025): Indonesian Journal of Islamic Economic Law
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/ijoel.v2i2.9957

Abstract

The purpose of this study is to analyse how the method of sharia contracts in Supreme Court Regulation No. 2 of 2008 concerning the Compilation of Sharia Economic Law (KHES) is compared with the DSN MUI fatwa. To find out the differences and similarities in the application of sharia contract methods between KHES in Supreme Court Regulation No. 2 of 2008 and the DSN MUI fatwa. The scope of research in this research is descriptive, and the approach in this research is a comparative approach and a statutory approach. The analysis used in this research is inductive analysis. The result of this research is in order to compare the method of interpretation of sharia contracts, Supreme Court Regulation No. 100 of Law No. 2 of 2008 concerning the Compilation of Sharia Economic Law (KHES) and DSN-MUI fatwa have different approaches in the implementation of Mudharabah contracts. KHES focuses more on the principle of legal clarity and the initial intention of the parties, because the contract must be made and implemented in accordance with the initial agreed objectives. The interpretation in KHES is more legalistic, so it serves as a court guideline in resolving legal disputes that prioritize clarity, justice and understanding between investors and fund managers. Meanwhile, DSN-MUI Fatwa No. 115/DSN-MUI/IX/2017 tends to use a more flexible jurisprudential approach. This fatwa provides specific guidelines for various forms of Mudharabah contracts such as limited Mudharabah and absolute Mudharabah, making it easier to apply in Islamic financial institutions according to different business contexts. The principles also include transparency and flexibility in capital management, profit sharing and risk responsibility. The similarities of these two directives include a strong foundation in Shariah principles, particularly with regard to transparency, fairness and agreement in principle on the profit ratio. In addition, both KHES and Fatwa DSN-MUI agree that the risk of loss is borne by the investor, unless there is negligence on the part of the fund manager. On the other hand, differences arise in the technical details, where KHES demands clarity and more strictly limits contractual roles, while Fatwa DSN MUI allows variations in the form of capital and provides greater flexibility in the division of roles and profit sharing. Thus, KHES is more important as a legal reference in court, while the DSN-MUI fatwa plays an important role in the operational practices of Sharia financial institutions, which need guidance in managing fair and Sharia-compliant business cooperation.
Mudarabah Contract in The Property Investment: Critical Legal Review Novira, Nuraeni; Sam, Zulfiah; Sarah, Sarah; Shoaleha, Mar'atu
Indonesian Journal of Islamic Economic Law Vol. 2 No. 2 (2025): Indonesian Journal of Islamic Economic Law
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/ijoel.v2i2.9958

Abstract

This research aims to find out how the legality of the mudarabah system based on Law No. 21 of 2008 and how the implementation of mudarabah contracts in property investment. To get answers to the above problems, the author uses descriptive qualitative research (library research), which focuses on manuscript and text studies using normative, juridical and historical approach methods with deductive data analysis. The results show that legally, the mudarabah system has been regulated in Law No. 21 of 2008 through Articles 19 and 20 related to the collection and distribution of funds by Islamic banks. However, the implementation of mudarabah contracts in property investment has not fully complied with the provisions of the law, especially in the aspects of profit-sharing transparency (Article 21 letter b), risk monitoring (Article 26), and dispute resolution mechanisms (Article 55). This finding theoretically confirms the strength of the Islamic Banking Law in distinguishing partnership-based contracts from the conventional interest-based system. Practically, the implementation of mudarabah contracts in accordance with sharia principles can increase customer trust and loyalty, while non-compliant implementation has the potential to reduce the credibility of Islamic financial institutions.
The Subscription Based Trading : (Muhammadiyah Perspective) Rizaldi, Ardhansyah Dwiki; Azka Muhammad, Rifqi
Indonesian Journal of Islamic Economic Law Vol. 2 No. 2 (2025): Indonesian Journal of Islamic Economic Law
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/ijoel.v2i2.10194

Abstract

The objective of this study is to analyze the islamic legal aspects of buying and selling subscribers from the perspective of Muhammadiyah fatwa manhaj (methodology). The phenomenon of buying and selling subscribers has become widespread with the development of digital platforms such as YouTube, where subscribers have become one of the main requirements for monetization. This practice raises legal questions, particularly regarding its validity in Islam. Using qualitative approach by combining content analysis and literature review methods conducted based on Muhammadiyah methodological approach of tarjih, this study examines the practice of buying and selling subscribers based on Islamic principles such as honesty (as-sidq), justice (al-'adālah), and public interest (al-maslahah). The analysis reveals that this practice contains elements of deception, fraud, injustice, and gharar (uncertainty), which are contrary to Islamic business ethics. Therefore, by applying the Muhammadiyah fatwa methodology, such as the three-leveled approach to norms in Islamic law (al-qiyām al-asāsiyyah, al-uṣūl al-kulliyyah, and al-aḥkām al-farʻiyyah), it can be concluded that the buying and selling of subscribers is not permitted in Islam. This study is expected to serve as a reference for Muslims, especially in avoiding business practices that contradict Shari'a law.
Halal Food Fraud in Indonesia: A Sharia-Based Review and Strategic Solutions Sholahuddin, Muhammad; Robbani Ridho, Muhammad; Asri Abdullah, Moha
Indonesian Journal of Islamic Economic Law Vol. 2 No. 2 (2025): Indonesian Journal of Islamic Economic Law
Publisher : Universitas Muhammadiyah Surakarta

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

Abstract

This study investigates the phenomenon of halal food fraud in Indonesia, particularly focusing on its forms, drivers, and impact on Muslim consumer trust. This study employs a qualitative approach, utilizing a single case study method that focuses on the city of Surakarta (Solo), Central Java. The data presented herein was collected through a document analysis. The selection of Surakarta as a case study was predicated on its notable concentration of Muslim residents, its rapid growth in the culinary sector, and its status as a major center of Islamic education and culture in urban areas. The research findings revealed ten main forms of halal violations, including the covert use of haram ingredients, fake halal labeling, and improper handling of halal equipment. The prevalence of such fraudulent practices can be attributed to the overarching economic motivations inherent within a capitalist-secular system that places a higher value on profit than on ethical and religious obligations. The study also found significant erosion of Muslim consumer trust due to repeated violations, and demonstrated that non-Muslim business owners' lack of understanding of halal-haram values, coupled with weak law enforcement, exacerbates the problem. This study makes a significant contribution to the existing body of knowledge by offering a novel synthesis of moral, ideological, and legal perspectives on food fraud in Indonesia. The present study underscores the significance of systemic reform by proposing two levels of solutions: (1) short-term practical measures, such as digital tracking, halal literacy programs, and regulatory strengthening; and (2) long-term ideological transformation through the adoption of a comprehensive Islamic framework to ensure moral accountability in the food supply chain.

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