KASBANA: Jurnal Hukum Ekonomi Syari'ah
Principles and Theories of Sharia Economic Law Studies on the sources, principles, and foundations of Sharia Economic Law; the role of maqashid shariah in economics; the relationship between Islamic law, customary law, and positive law in the economic field; as well as philosophical and methodological analyses of economic law. Islamic Banking and Finance Covering Islamic banking law, regulation and supervision, Sharia banking contracts (murabahah, mudharabah, musyarakah, ijarah, etc.), risk management, and dispute resolution in Islamic banking. Non-Bank Islamic Financial Institutions Studies on the legal framework and regulation of Islamic microfinance institutions (BMT), Sharia cooperatives, Sharia financing companies, Islamic fintech, Islamic pawnshops, as well as mechanisms and legal protection for customers. Islamic Capital Market and Investment Including Islamic capital market law, sukuk, Islamic mutual funds, Sharia-compliant stocks, mechanisms for trading Sharia securities, and investor protection under Sharia principles. Islamic Insurance and Guarantee (Takaful and Kafalah) Discussions on regulation, contracts, operational mechanisms, fund management, and claim settlements in Islamic insurance and Sharia-based guarantee institutions. Law of Zakat, Infaq, Sadaqah, and Waqf Studies on the regulation and governance of zakat, infaq, sadaqah, and waqf, as well as innovations in Islamic philanthropic instruments, including distribution and utilization for community economic empowerment. Business, Trade, and the Halal Industry Covering the law of sale and purchase, Sharia-compliant e-commerce, Sharia-based international trade, the halal industry (food, cosmetics, pharmaceuticals, tourism), as well as halal certification and supervision. Dispute Resolution in Sharia Economic Law Including the role of Religious Courts, the National Sharia Arbitration Board (BASYARNAS), and mediation; legal procedures and jurisprudence of Sharia economic disputes in Indonesia and other Muslim countries. Reform and Codification of Sharia Economic Law Studies on regulatory development, codification of Sharia Economic Law, legislative reforms, and harmonization of Sharia law with national and international legal systems. Empirical Studies on the Practice of Sharia Economic Law Field research on the implementation of Sharia Economic Law in society, the role of culture and local customs, and analysis of regulatory effectiveness in promoting Sharia financial inclusion and literacy.
Articles
82 Documents
<![CDATA[PEMBIAYAAN PRODUK CICILAN EMAS DALAM TINJAUAN HUKUM SYARIAH (Studi Kasus BMT NU Cabang Mayang) ]]>
<![CDATA[Moch Rohiki Mahtum]]>;
<![CDATA[sofiatus sobriyah sofiatus sobriyah]]>;
<![CDATA[Khaerul Anam]]>;
<![CDATA[Muhammad Aldi]]>
<![CDATA[ KASBANA Vol 5 No 2 (2025): Juli ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Syariah Darul Falah Bondowoso ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
<![CDATA[The development of the Islamic financial industry encourages microfinance institutions to continue to present innovative products, one of which is the Emas gold installment financing offered by KSPPS BMT NU East Java. This product is a sharia-based gold installment financing that aims to provide an alternative investment as well as a safe and affordable financing solution for the community. This study uses a qualitative approach with a descriptive method to examine how this product is implemented, including the contracts used and their advantages and challenges. The results of the study indicate that the implementation of contracts in Islamic Financial Institutions (LKS) in Indonesia has generally been carried out in accordance with sharia principles, but still faces significant challenges in terms of understanding and operational consistency. The main findings of this study highlight that the murabahah contract is most dominantly used because it is considered easier to implement and understand by customers and institutions. The main advantage of the implementation of the murabahah contract is to adjust to the financing needs of the community without violating the principle of the prohibition of usury. However, the most important challenge that must be understood in this context is the low level of sharia literacy among banking practitioners and customers, as well as the suboptimal internal supervision of sharia in maintaining the integrity of the contract. Keywords: Financing, Gold Installments, Sharia Law]]>
<![CDATA[IMPLEMENTASI AKAD SYIRKAH DALAM PROGRAM Z-CHICKEN UNTUK PEMBERDAYAAN EKONOMI MUSTAHIK BAZNAS JEMBER ]]>
<![CDATA[Halili halili]]>;
<![CDATA[Firman Yusril Bakhtiar]]>;
<![CDATA[M David Maulana]]>;
<![CDATA[M Hasyim Asy’ari]]>
<![CDATA[ KASBANA Vol 5 No 2 (2025): Juli ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Syariah Darul Falah Bondowoso ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
<![CDATA[This study discusses the implementation of the syirkah agreement in the Z-Chicken program managed by BAZNAS Jember as a form of economic empowerment for mustahik. A syirkah agreement is a form of cooperation between two or more parties to share capital, labor, or expertise in order to run a business with an agreed distribution of profits. The syirkah agreement is used as the basis for cooperation between BAZNAS Jember as the investor and mustahik as the business manager. This program aims to increase the economic independence of mustahik through a fast food fried chicken business by providing business capital, training, and assistance. This study employs a qualitative approach with a descriptive method. Data was collected through primary and secondary sources, including observation, interviews, and documentation. The results indicate that the implementation of the syirkah agreement in this program aligns with Sharia principles such as fairness, transparency, and sustainability. However, there are challenges in its implementation, such as beneficiaries' lack of experience in managing businesses and market access challenges. Despite this, the program has had a positive impact on increasing beneficiaries' income and economic independence. The Z-Chicken program serves as an innovative model for productive zakat with promising potential for the future. To enhance the program's effectiveness, intensive mentoring, market access expansion strategies, and regular evaluations are needed to optimize the results achieved. Keywords: Productive Zakat, Syirkah Agreement, Z-Chicken, BAZNAS]]>
<![CDATA[TINJAUAN HUKUM EKONOMI SYARIAH TERHADAP TRANSAKSI JUAL BELI DIAMOND MOBILE LEGEND PERSPEKTIF HUKUM POSITIF ]]>
<![CDATA[Usman]]>;
<![CDATA[Siska Yuliana]]>
<![CDATA[ KASBANA Vol 5 No 2 (2025): Juli ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Syariah Darul Falah Bondowoso ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
<![CDATA[This study aims to analyze the legal review of Islamic economics and the perspective of positive law related to diamond buying and selling transactions in the Mobile Legends Game. In the context of human needs for social media and the ease of online transactions, diamond buying and selling is an interesting phenomenon, but raises polemics regarding its permissibility according to Islamic law. This study examines the legal basis of Islamic law regarding buying and selling transactions, as well as fulfilling the requirements and pillars set out in Islam. Through a qualitative research method with a literature study approach, the results of the analysis show that this transaction is valid according to Islamic law, as long as it meets the appropriate criteria, including a clear contract and the object being traded has value and benefits. From a positive legal perspective, diamond buying and selling is regulated in the Civil Code and the ITE Law, which emphasize the importance of transparency and good faith in electronic transactions. This study recommends the need for clear regulations and effective law enforcement to protect consumers and maintain the integrity of transactions in cyberspace. Keywords: Syari’ah Ekonomic Law, Buying and Selling Transactions, Positive Law ]]>
<![CDATA[PENERAPAN KAIDAH FIKIH MUAMALAH DALAM PRAKTIK EKONOMI GIG: ANALISIS TENTANG KEADILAN DAN KEABSAHAN AKAD DI ERA DIGITAL ]]>
<![CDATA[Ira Zulfia Kausar]]>;
<![CDATA[Abdul Helim]]>;
<![CDATA[Syaikhu]]>
<![CDATA[ KASBANA Vol 6 No 1 (2026): Januari (IN PROGRESS) ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Syariah Darul Falah Bondowoso ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
<![CDATA[Abstrak This study discusses the Application of Mu'āmalāt Fiqh Principles in Gig Economy Practices: An Analysis of Fairness and Contract Validity in the Digital Age. There are two discussions: the first is the gig economy with the application of mu'amalat fiqh rules, and the second is the value of fairness in the gig economy as viewed from maqashid sharia. The explanation is carried out using a normative approach with a normative juridical method and a conceptual approach accompanied by a literature study of books and digital journals related to the gig economy, mashlahah, and maqashid sharia. The application of muamalah fiqh principles based on the Qur'an and hadith provides an understanding that the gig economy needs to be studied using Islamic business ethics, namely avoiding riba, gharar, tadlis, maysir, fasid, and batil, by harmonizing the values of maqashid syariah in its application in order to obtain a validity value that is in accordance with sharia. Keyword : fiqh principles, muamalah, gig economy]]>
<![CDATA[INTEGRASI USHUL FIQH, KAIDAH FIQH DAN FIQH IQTISHADI DALAM PRAKTIK LETTER OF CREDIT SEBAGAI TELAAH KONSEPTUAL DAN APLIKATIF ]]>
<![CDATA[Yuni Mayanti]]>;
<![CDATA[Bahmid I Magi]]>;
<![CDATA[Yasir Muharram Fauzi]]>;
<![CDATA[Amelia Dewi Purwanti]]>
<![CDATA[ KASBANA Vol 6 No 1 (2026): Januari (IN PROGRESS) ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Syariah Darul Falah Bondowoso ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
<![CDATA[Abstract This study aims to examine the integration of Usul Fiqh, Fiqh Principles, and Iqtishadi Fiqh in the practice of Letter of Credit (L/C) as an international trade financing instrument. From an Islamic economic perspective, L/C transactions involving multiple parties and contractual agreements require in-depth analysis from an Islamic legal perspective to ensure compliance with sharia principles. Ushul Fiqh provides a methodological framework for understanding legal arguments, while Fiqh Principles offer general principles that guide legal istinbat on various contemporary issues. Iqtishadi Fiqh, as a branch of fiqh that focuses on economic issues, becomes an applicable domain for the application of both disciplines. This study uses a descriptive qualitative approach with literature study as the main method. The results of the study indicate that L/C is acceptable in the Islamic economic system as long as it meets the requirements and pillars of the contract and avoids elements of riba, gharar, and maisir. Thus, the conceptual and practical integration of the three pillars of Islamic law (Ushul Fiqh, Fiqh principles, and Iqtishadi Fiqh) demonstrates that Islamic law has the flexibility and capacity to address modern economic challenges in a just, relevant, and sustainable manner. The results of this study open up opportunities for further development of Islamic financial fatwas and policies based on a comprehensive methodological understanding. Keywords: Ushul Fiqh, Kaidah Fiqh, Fiqh Iqtishadi, Letter of Credit]]>
<![CDATA[ANALISIS KEPATUHAN MAQASHID SYARIAH DALAM TRANSAKSI DIGITAL PERBANKAN SYARIAH : STUDI LAYANAN BSI MOBILE ]]>
<![CDATA[Abdur Rokhim]]>;
<![CDATA[Supardi]]>;
<![CDATA[Laila Afni Rambe]]>
<![CDATA[ KASBANA Vol 6 No 1 (2026): Januari (IN PROGRESS) ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Syariah Darul Falah Bondowoso ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
<![CDATA[Abstract The development of digital services in Islamic banking has undergone significant transformation, one of which is through the BSI Mobile application presented by Bank Syariah Indonesia (BSI). This study aims to analyze the alignment of the fund transfer service on the BSI Mobile application with the principles of Maqashid Sharia, which include the protection of religion (hifz ad-din), life (hifz an-nafs), intellect (hifz al-'aql), descendants (hifz an-nasl), and property (hifz al-mal). The research method used was descriptive qualitative, with a library research approach, interviews, and observation. The results indicate that the fund transfer service through BSI Mobile complies with the principles of Maqashid Sharia and aligns with the fatwa of the National Sharia Council of the Indonesian Ulema Council (DSN-MUI), particularly in terms of transaction security, ease of access, and cost transparency. However, several areas still need improvement to ensure a more comprehensive implementation of Sharia principles. Keywords: Digital Services, Bank Syariah Indonesia, Fund Transfer, BSI Mobile, Maqashid Syariah.]]>
<![CDATA[MENGINTEGRASIKAN METODOLOGI HUKUM SUNNI KLASIK KE DALAM PEMIKIRAN EKONOMI ISLAM KONTEMPORER ]]>
<![CDATA[Riyan Damara Putra]]>;
<![CDATA[Moh. Bahrudin]]>;
<![CDATA[Syamsul Hilal]]>
<![CDATA[ KASBANA Vol 6 No 1 (2026): Januari (IN PROGRESS) ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Syariah Darul Falah Bondowoso ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
<![CDATA[Abstract This study aims to examine how classical Sunni legal methodologies in usul al-fiqh can be systematically integrated into the development of contemporary Islamic economic thought. The analysis is grounded in the central problem that modern Islamic economic practices often rely on fragmented or overly textual approaches, despite the rich methodological traditions of the Hanafi, Maliki, Shafi‘i, and Hanbali schools. Using a qualitative descriptive–analytical method based on doctrinal review, this research explores authoritative classical texts alongside contemporary regulatory documents, including DSN–MUI fatwas, to assess the relevance of qiyas, istihsan, maslahah-oriented reasoning, contractual clarity, and maqasid-based considerations for present-day economic governance. The findings indicate that the methodological strengths of the four schools can be synthesized to provide a coherent normative and practical foundation for addressing modern economic issues such as digital transactions, ethical finance, and sustainability. The study demonstrates that the integration of classical jurisprudential principles not only strengthens the legitimacy of Islamic economic policies but also enhances their adaptability to emerging challenges. This research contributes by offering an analytical framework that connects the epistemology of Islamic legal theory with contemporary policy formation, thereby promoting an Islamic economic system that is both principled and responsive to societal needs. Keywords : DSN-MUI, Islamic Economics, Sunni School of Law, Islamic Legal Methodology, Usul al-Fiqh]]>
<![CDATA[TRANSAKSI AKAD MUDHARABAH PADA PEMBIAYAAN USAHA DALAM PESANTREN DI PROVINSI RIAU MENURUT PERSFEKTIF MAQASHID SYARIAH ]]>
<![CDATA[Sugito]]>;
<![CDATA[Yuni Armayanti]]>;
<![CDATA[Lailatul Husna]]>
<![CDATA[ KASBANA Vol 6 No 1 (2026): Januari (IN PROGRESS) ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Syariah Darul Falah Bondowoso ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
<![CDATA[Abstract This study analyzes the implementation of Islamic economic law in the Islamic boarding school (pesantrenpreneur) model in Riau Province, focusing on the suitability of sharia contracts and their contribution to the economic empowerment of the community. The research method used is normative law combined with a qualitative case study approach in three Islamic boarding schools (pesantren) in Pekanbaru, Kampar, and Rokan Hilir. Data were collected through in-depth interviews, participant observation, and documentation studies, analyzed using the interactive model of Miles and Huberman. The results show that Islamic boarding school (pesantrenpreneur) has established a sharia economic ecosystem that integrates da'wah values with business practices, using mudharabah, musyarakah, and productive waqf contracts. However, the findings reveal substantive deficiencies in the contract documents, particularly the absence of explicit clauses regarding loss settlement mechanisms and risk distribution, as well as weaknesses in sharia supervision of productive waqf. From the perspective of maqashid sharia, although the principle of halalan thayyiban has been implemented, there are gaps in the accountability of fund management (hifzh al-mal) and consumer protection (hifzh al-nafs). This study recommends institutional restructuring, refinement of contract documents, and strengthening of the sharia supervisory system to ensure comprehensive compliance with sharia economic principles. Keywords: Islamic Boarding School Entrepreneur, Sharia Economic Law, Sharia Contracts, Maqasid Sharia, Economic Empowerment]]>
<![CDATA[PENERAPAN SISTEM ADMINISTRASI BMN PENGADILAN AGAMA: ANALISIS HUKUM EKONOMI SYARIAH ]]>
<![CDATA[Swedia Disya Citta]]>;
<![CDATA[Mochamad Sumpena]]>
<![CDATA[ KASBANA Vol 6 No 1 (2026): Januari (IN PROGRESS) ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Syariah Darul Falah Bondowoso ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
<![CDATA[State Property (BMN) plays a strategic role in supporting government administration and public services, including in the context of religious courts. Along with bureaucratic reform and the development of information technology, BMN management has transformed through the implementation of a digital-based administration system. However, the implementation of the system should not be assessed solely on administrative grounds, but also on its conformity with the principles of Islamic economic law. This study aims to analyze the implementation of the BMN administrative system in religious courts and examine its conformity with Sharia economic law. The novelty of this research lies in integrating digital-based BMN governance analysis with the perspective of Sharia economic law in the context of religious courts, a topic that has been relatively rarely studied in previous research. This study uses normative-empirical legal methods, drawing on both legal and conceptual approaches. Data was obtained through the analysis of laws and regulations and related literature, as well as interviews with seven informants who were directly involved in the management of BMN in religious courts. The data was analyzed qualitatively using descriptive-analytical techniques. The results of the study show that the BMN administration system has been implemented in accordance with applicable provisions and supported by information technology, thereby improving administrative order, data accuracy, and accountability. From the perspective of Islamic economic law, this system aligns with the principles of trust, justice, transparency, and public benefit. This research contributes to the development of a study of public asset governance oriented towards Sharia values. Keywords: State Property, Religious Courts, Administrative System, Islamic Economic Law, Accountability.]]>
<![CDATA[MANAGEMENT OF WAQF ASSETS AT THE GREAT MOSQUE OF SEMARANG: A MAQASID AL-SHARI'AH PERSPECTIVE ]]>
<![CDATA[Ahmad Wahyudi]]>;
<![CDATA[Achmad Arief Budiman]]>;
<![CDATA[Bagas Heradhyaksa]]>;
<![CDATA[Wawaysadhya]]>
<![CDATA[ KASBANA Vol 6 No 1 (2026): Januari (IN PROGRESS) ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Syariah Darul Falah Bondowoso ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
<![CDATA[The management of the bandha wakaf (endowment assets) of Masjid Agung Semarang (MAS) faces structural complexity resulting from its long history of land exchanges, the duality of legal status among tanah bondo, waqf land, and properties registered under external names, as well as overlapping institutional authorities. This study aims to describe the current management practices of MAS based on primary interview data and secondary documentary sources and to analyze them through the lens of Maqasid al-Shariah with a particular focus on the preservation of property (ḥifẓ al-māl) and the promotion of public benefit (al-maṣlaḥah al-‘āmmah). The findings show that although several assets have not yet been legally secured, the management employs pragmatic strategies, including developing productive business units, regulating relations with occupants of the assets, and securing the properties through land mapping, physical markers, and identification signage. The maqasid-based analysis reveals that these measures align with the objective of safeguarding waqf assets from loss while ensuring their benefit for the congregation and the broader community. The resulting model may be characterized as “maqasid pragmatism,” a welfare-oriented management approach for waqf amid structural limitations of formal legal frameworks. This study enriches the scholarly discourse on productive waqf management and proposes a maqasid-based evaluative approach for addressing contested waqf assets in Indonesia. Keywords: waqf assets, Masjid Agung Semarang, Maqasid al-Shariah, ḥifẓ al-māl, public benefit]]>
