Tawazun: Journal of Sharia Economic Law
Tawazun: Journal of Sharia Economic Law is a double-blind peer-reviewed journal published by Sharia Economic Law Department, Sharia Faculty, State Islamic Institute of Kudus, Kudus, Indonesia Focus Tawazun: Journal of Sharia Economic Law emphasizes the study of Sharia Economic Law and Islamic law in Islamic countries in general and specifically in Indonesia by emphasizing the theory of Sharia Economic Law and Islamic law and its practice in the Islamic world that developed in attendance through publications of articles and book reviews. Scope Tawazun: Journal of Sharia Economic Law specializes in studying the theory and practice of Sharia Economic Law and Islamic law in Islamic countries and is intended to express original researches and current issues. This journal welcomes the contributions of scholars from related fields warmly that consider the following general topics; Sharia economic law Sharia business law Sharia management law Sharia banking law Law of sharia financial institutions Non-bank financial industry law Law Sharia economics Islamic law
Articles
126 Documents
<![CDATA[Transformasi Akad Natural Uncertainty Contracts: Analisis Akad Musyarakah Mutanaqishah (MMQ) di Lembaga Keuangan Syariah ]]>
<![CDATA[Nurjaman, Muhamad Izazi]]>;
<![CDATA[Sofie, Helmi Muti]]>;
<![CDATA[Istianah, Istianah]]>
<![CDATA[ TAWAZUN: Journal of Sharia Economic Law Vol 5, No 1 (2022): Tawazun: Journal of Sharia Economic Law ]]>
Publisher : <![CDATA[Sharia Faculty Islamic Economic Law Study Department ]]>
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DOI: 10.21043/tawazun.v5i1.13871
<![CDATA[This research is motivated by the murabahah contract which is widely used by LKS in product development due to its nature which includes natural certainty contracts. So that it provides income certainty and has a lower risk than cooperation contracts (musyarakah and mudharabah) which are natural uncertainty contracts. However, in its development there is a musyarakah mutanaqishah contract which is a hybrid contract by combining musyarakah, ijarah and buying and selling contracts. Meanwhile, ijarah and buying and selling contracts are natural certainty contracts. This research will reveal the transformation of natural uncertainty contracts on the analysis of musyarakah mutanaqishah contracts in LKS. This study uses a normative juridical approach which is described by a descriptive method of literature from primary data sources and also secondary data. The type of this research is qualitative research with data analysis techniques in the form of focusing data, presenting data and drawing conclusions. The results of this study reveal the fact that there is a transformation of musyarakah contracts, which include natural uncertainty contracts, into musyarakah mutanaqishah contracts, which are hybrid contracts with business activities using ijarah contracts and buying and selling as natural certainty contracts. So that this contract provides income certainty and has low risk and can be used as a contract choice by LKS in developing financing products.]]>
<![CDATA[Intellectual Development of Maqashid Al-Syariah: A Thought of Jaseer Auda ]]>
<![CDATA[Alamudi, Ichwan Ahnaz]]>
<![CDATA[ TAWAZUN: Journal of Sharia Economic Law Vol 7, No 2 (2024): Tawazun: Journal of Sharia Economic Law ]]>
Publisher : <![CDATA[Sharia Faculty Islamic Economic Law Study Department ]]>
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DOI: 10.21043/tawazun.v7i2.28705
<![CDATA[Maqashid Sharia is an important thing to study in legal sharia. Because, maqashid is the main basis in understanding the source of the law revealed by God to His messenger Prophet Muhammad SAW. in the form of the Qur'an and Hadith. Maqashid develops by making it a key in solving contemporary cases and challenges. Therefore, maqashid is pretexted as a bridge in carrying out ijtihad against the renewal of Islamic law. The theory put forward by Jasser Auda discusses three main sciences at once about maqashid sharia, ushul fiqh and the system approach, after being separated and not becoming a unit, it is successfully connected into an integrated unity.]]>
<![CDATA[Service Excellent Berdasarkan Prespektif Islam di Bank Syariah ]]>
<![CDATA[Kurniawan, Danang]]>
<![CDATA[ TAWAZUN: Journal of Sharia Economic Law Vol 3, No 1 (2020): Tawazun: Journal of Sharia Economic Law ]]>
Publisher : <![CDATA[Sharia Faculty Islamic Economic Law Study Department ]]>
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DOI: 10.21043/tawazun.v3i1.7835
<![CDATA[The effort of Islamic banks in creating and maintaining customers to remain satisfied and loyal is to implement service excellence. Descriptive qualitative research methods by reviewing the literature, books, journals and other references related to the research discussion. The results obtained, that the concept of Islamic banking service excellence consists of three aspects, namely aqidah, morals and muamalah. Al-Qur'an has become a guide in conducting Islamic banking services. Employees must also be able to imitate the Prophet in serving customers when trading (Surat al-Ahzab verse 21). Employees must serve customers with a gentle, forgiving, and a strong determination (Surat Ali Imran verse 159). The bank must also apply the method of propaganda Rasulullah SAW in attracting interest, and fostering customers namely Al-hikmah, Al-Mau'idzah bil Hasanah and Al-Mujadalah Bil Hasanah.]]>
<![CDATA[Fiqh Zakat In The Perspective Of Muhammad Hasbi Ash-Shiddieqy ]]>
<![CDATA[Arifin, Jaenal]]>
<![CDATA[ TAWAZUN: Journal of Sharia Economic Law Vol 4, No 2 (2021): Tawazun: Journal of Sharia Economic Law ]]>
Publisher : <![CDATA[Sharia Faculty Islamic Economic Law Study Department ]]>
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DOI: 10.21043/tawazun.v4i2.19858
<![CDATA[Muhammad Hasbi Ash-Siddieqy studied at Al-Irsyad school (1926). Hasbi's expertise in ijtihad, he was able to introduce himself as a well-known intellectual in international world. Related to the results of Hasbi's ijtihad, it describes: The state of Indonesian fiqh can be seen in Hasbi's ijtihad on zakat by referring to the view of Abu Hanifa which is different from the opinion of the majority of scholars - Hasbi is of the opinion that machines Production in large factories must be zakat. This view is quite relevant with the context of a country builder that requires a lot of capital. Hasbi's opinion on zakat is left to the government for manage it. Because, for Hasbi, zakat is the same as zakat development for the welfare of society, both non-Muslims and non-Muslims Muslim. Therefore, the collection of zakat should also not only addressed to the Muslims, but also to the non-Muslim. Then, the principle of zakat, which is taken on the type of property that is growing, assets that have sufficient nishab, and zakat assets.]]>
<![CDATA[Akad-Akad di dalam Asuransi Syariah ]]>
<![CDATA[Abdullah, Junaidi]]>
<![CDATA[ TAWAZUN: Journal of Sharia Economic Law Vol 1, No 1 (2018): TAWAZUN : Journal of Sharia Economic Law ]]>
Publisher : <![CDATA[Sharia Faculty Islamic Economic Law Study Department ]]>
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DOI: 10.21043/tawazun.v1i1.4700
<![CDATA[Human life is full of risks. There is a risk of loss, accident and even the risk of death. To prepare for these risks, a sense of security is needed through coverage. These coverage is through Islamic insurance. Sharia Insurance (Ta'min, Takaful or Tadhamun) is an effort to protect and help one another among a number of people / parties through investments in the form of assets and / or tabarru 'which provide a pattern of return to face certain risks through an appropriate contract (agreement) with sharia. The contracts that are attached to Islamic insurance are the contract of contract and tabarru 'contract, while the contract that follows the contract of tijarah and the tabarru contract is the Mudharabah Musytarakah agreement, Mudharabah agreement and Wakalah bil Ujrah agreement.]]>
<![CDATA[The Urgency of Updating Material Legal Sources in the Resolution of Sharia Economic Disputes ]]>
<![CDATA[Firdaus, Muhammad Irkham]]>;
<![CDATA[Aziz, Muhammad Abdul]]>;
<![CDATA[Syakuro, Ardhian Ahmad]]>
<![CDATA[ TAWAZUN: Journal of Sharia Economic Law Vol 8, No 1 (2025): Tawazun: Journal of Sharia Economic Law ]]>
Publisher : <![CDATA[Sharia Faculty Islamic Economic Law Study Department ]]>
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DOI: 10.21043/tawazun.v8i1.31328
<![CDATA[Currently, material legal sources within the scope of sharia economic law are still very few. The existing sources of law are still general in sharia banking, even though there are cases of violations in the sharia economy which are also increasing along with the development of the sharia economy in Indonesia. The judge instead uses other sources of substantive law that are not in accordance with the principles of Sharia itself. In fact, the pure sources of substantive law derived from Islamic law do not serve as the primary legal sources, but only as legal opinions and doctrines. The aim of this research is to see the urgency of updating material legal sources in sharia economics. This type of research is qualitative. The results of this research are general facts that updating material legal sources is urgently needed. Because sharia economic violations are increasing, there needs to be a valid and concrete source of sharia economic law that can help resolve these cases. And from the results of other research, the source and legal basis for sharia case decisions still uses the Civil Code.]]>
<![CDATA[Keabsahan Akad Jual Beli Online Muslim Kelas Menengah Kota Yogyakarta Pasca Pandemi Covid-19 ]]>
<![CDATA[Muzalifah, Muzalifah]]>
<![CDATA[ TAWAZUN: Journal of Sharia Economic Law Vol 4, No 1 (2021): Tawazun: Journal of Sharia Economic Law ]]>
Publisher : <![CDATA[Sharia Faculty Islamic Economic Law Study Department ]]>
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DOI: 10.21043/tawazun.v4i1.9434
<![CDATA[This study aims to determine the validity of the online buying and selling contract after the Covid-19 pandemic. Online buying and selling transactions are increasingly prevalent and have become superior after the Covid-19 pandemic. One of the factors is the government ban on crowds and encouragement to always maintain a safe distance to avoid Covid-19. This study uses a quantitative approach. The data collection technique used a questionnaire distributed to 45 respondents who carried out buying and selling online after the Covid-19 pandemic. Meanwhile, the data analysis used percentages. The results of the study found that only 8.9% of 45 respondents stated that they were buying and selling online to avoid the spread of Covid-19, 22.2% of them stated that online buying and selling was profitable, and 26.7% for easier marketing. While the rest said that buying and selling online was done to save business capital and as a side job. According to Islamic law, there is no prohibition on buying and selling activities after the Covid-19 pandemic as long as it does not conflict with Islamic teachings. The contract in the sale and purchase is valid if it meets the requirements and is in harmony according to Islamic law. The application of khiyar rights in online buying and selling after the Covid-19 pandemic is important to implement. This is done to avoid a loss to one of the parties after the transaction process has taken place.]]>
<![CDATA[Implementasi Peraturan Bank Indonesia tentang Risiko Pembiayaan Bank Syariah Indonesia (BSI) di Demak ]]>
<![CDATA[Kusrini, Eni]]>
<![CDATA[ TAWAZUN: Journal of Sharia Economic Law Vol 6, No 2 (2023): Tawazun: Journal of Sharia Economic Law ]]>
Publisher : <![CDATA[Sharia Faculty Islamic Economic Law Study Department ]]>
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DOI: 10.21043/tawazun.v6i2.22160
<![CDATA[Risk management is crucial in organizing and implementing decision-making rules regarding customer financing. The analysis of all decisions made by the bank must be carefully planned and managed to avoid a higher incidence of non-performing loans, especially if the characteristics of consumers are not thoroughly observed, which is a part of the business unit facing management problems/risks such as murabahah financing. Risks arise due to dishonesty and economic difficulties of customers in transactions. Leaders, bank managers, and all divisions of the bank are expected to have the ability to reduce risks to achieve maximum profit orientation. The existing problems can be analyzed in terms of credit risk and liquidity risk regarding decision-making by management, the sequence of assets, and liabilities that must be considered to minimize emerging risks. The research method used is the qualitative descriptive approach. The results of this study show that the credit risk management applied by BSI in Demak is capable of setting limits on the losses of a market-risky transaction. PT. BSI KCP Demak, in relation to liquidity risk, strives for regular payments for consideration of existing exchange rates, thus being able to condition and meet customer financing demands.]]>
<![CDATA[Standarisasi Perjanjian Baku Pada Perbankan Syariah ]]>
<![CDATA[Latif, Moh Abdul]]>
<![CDATA[ TAWAZUN: Journal of Sharia Economic Law Vol 2, No 1 (2019): TAWAZUN : Journal of Sharia Economic Law ]]>
Publisher : <![CDATA[Sharia Faculty Islamic Economic Law Study Department ]]>
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DOI: 10.21043/tawazun.v2i1.5513
<![CDATA[The legal relationship applies general terms and conditions set forth in the standard agreement. In connection with the legal relationship between Islamic banks and their customers, they will be questioned, especially those who do not understand the law, what law will be applied in the event of a dispute between Islamic banks and customers regarding the use of an Islamic banking service? Will the existing Islamic law apply to the disputes that arise? Or what will be applied are the terms and conditions set forth in the agreement? This question needs to be raised and the answer is needed to avoid misunderstandings for those who are lawless who intend to connect with Islamic banks, because at this time Indonesia does not yet have Standardization in the form of a Law on standard agreements. therefore it is very necessary to standardize the agreements that apply to the relationship between Islamic banks and their customers by Indonesian banks.]]>
<![CDATA[Harmonization of Halal Certification in Indonesia with Maqashid Syariah Principles: an In-Depth Study of Jasser Auda's System Approach ]]>
<![CDATA[Syihabuddin, Muhammad]]>;
<![CDATA[Suwandi, Suwandi]]>
<![CDATA[ TAWAZUN: Journal of Sharia Economic Law Vol 7, No 1 (2024): Tawazun: Journal of Sharia Economic Law ]]>
Publisher : <![CDATA[Sharia Faculty Islamic Economic Law Study Department ]]>
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DOI: 10.21043/tawazun.v7i1.27366
<![CDATA[The phenomenon of halal certification in Indonesia has become a public spotlight in the face of the complexity of the industrial world. The principle of Maqashid Sharia, which puts forward the highest goals in Islamic law to protect and promote the welfare of mankind, has become a critical foundation in the effort to achieve harmony between religious requirements and the practical needs of industry. Through a systematic system approach, Jasser Auda is expected to be the ideal foundation for integrating Islamic law based on Maqashid Sharia with halal certification. This study used a literature research method involving primary sources, namely Jasser Auda's book entitled "Maqasid Al-Shariah as Philosophy of Islamic Law: a Systems Approach" and as a secondary source of research related to the discussion of halal certification in Indonesia. The results of this study revealed three things: 1) The relationship between sharia maqashid and halal certification is very visible and includes five important points in maqashid, namely religious protection (hifz ad-din), soul (hifz an-nafs), reason (hifz al-Aql), offspring (hifz an-Nasl), and property (hifz al-Mal). 2) Through 6 features in Auda's thinking system approach, it is very helpful in harmonizing the existence of a halal certification program. This is through many considerations and the role of all stakeholders in order to achieve the objectives of halal certification in accordance with maqashid sharia. 3) The dynamics of the existence of halal certification are certainly faced with various problems, thus an integrative approach is needed in an effort to achieve effective and inclusive harmonization for all parties.]]>
