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Lina Kushidayati
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Tawazun: Journal of Sharia Economic Law
Published by Universitas Islam Negeri Sunan Kudus
ISSN : 26559021     EISSN : 26559579     DOI : http://dx.doi.org/10.21043/tawazun
Core Subject :
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
Arjuna Subject : -
Articles 126 Documents
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Peran Otoritas Pengawas dalam Menanggulangi Risiko dan Memperkuat Stabilitas Perbankan Syariah Muzan, Amrul; Islami, Al Irhas; Putra, Aldy Noveriansyah; Kurnia, Febris Retno
TAWAZUN: Journal of Sharia Economic Law Vol 7, No 2 (2024): Tawazun: Journal of Sharia Economic Law
Publisher : Sharia Faculty Islamic Economic Law Study Department

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21043/tawazun.v7i2.27811

Abstract

Islamic banking has experienced rapid growth as an alternative that aligns with Islamic principles, but it faces significant challenges in risk management and stability. This study examines the role of supervisory authorities in mitigating risks and enhancing the stability of Islamic banking. Using a qualitative approach through literature reviews and analysis of applicable regulations, this research identifies key challenges such as regulatory adaptation, risk management for Islamic financial products, and compliance with Islamic principles. Furthermore, the study proposes strategies for supervisory authorities, including regulatory innovation, international collaboration, and continuous education and training programs for industry players and supervisors. The findings reveal that the proactive role of supervisory authorities is crucial in maintaining the stability and sustainability of Islamic banking. Strategies such as risk-based supervision, the implementation of regulatory sandboxes, and enhanced synergy between supervisory authorities and Sharia Supervisory Boards (SSBs) are vital in addressing existing challenges. With effective supervision and the application of appropriate strategies, the stability of the Islamic financial system can be enhanced, supporting the sustainable growth of the Islamic economy.
Sadomasokisme di Indonesia Persepektif HAM dan Hukum Pidana Fauzi, Inna; Fatmawati, Maria Ulfa
TAWAZUN: Journal of Sharia Economic Law Vol 3, No 2 (2020): Tawazun: Journal of Sharia Economic Law
Publisher : Sharia Faculty Islamic Economic Law Study Department

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21043/tawazun.v3i2.8273

Abstract

Sexual deviance with forms of violence to get pleasure is an act that links pain and / or shame. This action is a form of sadomasochism. Sadomasochism is two forms of words, namely sadistic and masochistic. Sadistic are those who enjoy sex by giving them pain. Masochists are those who enjoy sex by receiving pain. Masochism is an act that is prohibited under criminal law and is a form of human rights violation. The description above makes the author interested in writing about how human rights and criminal law see the perpetrators of sadomasochism in a husband and wife relationship. This type of writing is a descriptive analysis. Sources of data used are primary data sources and secondary data sources. The method used in this paper is the field observation method. Furthermore, the data obtained were analyzed with the descriptions of the results. The results of the research stated that the perpetrators of sadomasochism in the husband and wife relationship are a prohibited relationship. The perpetrator who gets sexual satisfaction by committing violence against a partner on the basis of human rights is an unfounded form. This is because the act that has been done is also a form of violation of the partner. Sadomasochism is a violation of human rights if there is an element of coercion from either husband or wife, which of course also includes things that are not taught by Islam. In Islam all actions that contain madharat or violence are not allowed. Because what is taught in Islam is gentle and compassionate. In Indonesia alone, 1046 cases have been found related to violence, not only sexual violence but domestic violence as well. Of course this is not a small amount, it needs more intensive handling.
Tinjauan Hukum Islam terhadap Akad Istishna’ (Studi pada Jual Beli dan Pemasaran Usaha Mebel CV Dua Putra Jati Jepara) Ngazizah, Inna Fauziatal; Nurhisam, Luqman; Mubaraq, M. Amirrul
TAWAZUN: Journal of Sharia Economic Law Vol 6, No 1 (2023): Tawazun: Journal of Sharia Economic Law
Publisher : Sharia Faculty Islamic Economic Law Study Department

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21043/tawazun.v6i1.16394

Abstract

The purpose of this research is to know the sales system and implementation of istishna’ contract in the furniture industry in du putra jati furniture jepara. This study uses a qualitative type of research with an emphasis on the results of data collection from the specified informants which are descriptive with the approach used is the Islamic economics approach and the phenomenological approach. This research was conducted at CV Dua Putra Jati Jepara city. Data collection methods include observation, interviews, and document review. Data analysis techniques used are data reduction, data presentation and verification. Informants and respondents from the study include the owner of the CV Dua Putra Jati Furniture Jepara, employees and customers. The results of this study indicate that the Furniture Industry sales system at CV Dua Putra Jati Furniture begins with receiving orders from consumers via telephone, SMS or WhatsApp with specifications determined by the buyer regarding the size, model and price agreement with the Down Payment (DP) payment system by the maker by 50 percent and the rest is paid off when the goods are finished in work. Products that have been completed in the work will be checked first before being delivered to consumers accompanied by a sales invoice (invoice). Implementation of the istishna’ contract in the sales system at CV Dua putra Jati Furniture Jepara has complied with the principles of buying and selling istishna’ contracts, ordering and payment systems made in accordance with the ordering and payment system in the istishna’ contract.
Dialektika Hukum Trading Saham Syariah di Bursa Efek Indonesia Hana, Kharis Fadlullah
TAWAZUN: Journal of Sharia Economic Law Vol 1, No 2 (2018): TAWAZUN : Journal of Sharia Economic Law
Publisher : Sharia Faculty Islamic Economic Law Study Department

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21043/tawazun.v1i2.5073

Abstract

This study aims to find out how the legal basis and stock trading transactions that occur in the Islamic capital market in Indonesia. This study uses a field research method that discusses legal issues regarding stock trading based on field studies from various relevant sources. The capital market is a place for corporate activities to seek additional funds to finance its business activities. In Indonesia alone there are two capital markets, namely the regular capital market and the Islamic capital market. The Islamic capital market is a new breakthrough that has been carried out as a solution to the current trend of halal investment. It also becomes very interesting for the community, especially for Muslim communities to invest their capital in the company to get results and can participate in developing the company, but the reality that happens in the market is that many companies that have been listed on the stock exchange are still operating in accordance with sharia principles . The Islamic capital market can simply be interpreted as a capital market that implements sharia principles in economic transaction activities and apart from things that are prohibited such as usury, gambling and speculation.
Kepastian Hukum dan Prinsip Ekonomi Syariah dalam Bisnis Digital Nelayan Kecil pada Aplikasi Nelpin di Juwana Pati Mungawanah, Novia
TAWAZUN: Journal of Sharia Economic Law Vol 8, No 2 (2025): Tawazun: Journal of Sharia Economic Law
Publisher : Sharia Faculty Islamic Economic Law Study Department

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21043/tawazun.v8i2.34266

Abstract

In the digital era, information and communication technology (ICT) is viewed as a solution to strengthen the bargaining position of small-scale fishers, enhance operational efficiency, and improve their overall welfare. The digital innovation Nelayan Pintar (Nelpin), designed by the Ministry of Marine Affairs and Fisheries (KKP), represents a significant breakthrough in Indonesia’s national fisheries system. The Nelpin application assists fishers in identifying potential fishing zones, providing information on weather conditions, water fertility, wave and wind heights, ports, fish prices, fuel consumption estimates, and various marine-related assistance programs. This study aims to describe how the Nelpin application functions in practice and to assess the extent to which regulations provide legal certainty for digital transactions, data protection, and the rights of small-scale fishers. The research employs a normative juridical method, which focuses on positive legal norms, principles, and applicable legal doctrines as the primary basis for analyzing the identified legal issues. Legal materials were collected using a purposive sampling technique, selecting documents and regulations relevant to the research focus. In the context of Islamic economics, the implementation of the Nelpin application should also align with fundamental principles such as justice (al-‘adl), public benefit (maslahah), cooperation (ta‘awun), and the prohibition of exploitation (gharar and riba). These principles emphasize the importance of transparency, honesty, and fair distribution of benefits between service providers and small-scale fishers. Therefore, the digitalization of the marine and fisheries sector through Nelpin is expected not only to provide legal certainty but also to reflect the values of social justice and collective welfare as envisioned in the Islamic economic system.
Perspektif Hukum Ekonomi Syariah: Kebijakan Pemerintah Dalam Mengatasi Perekonomian Masa Pandemic Covid 19 Kusrini, Eni
TAWAZUN: Journal of Sharia Economic Law Vol 4, No 2 (2021): Tawazun: Journal of Sharia Economic Law
Publisher : Sharia Faculty Islamic Economic Law Study Department

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21043/tawazun.v4i2.10492

Abstract

Pandemic covid 19 is increasingly significant in Indonesia, so the economy is unstable. This is caused by paralysis of activities in all dimensions of life so that the economy is completely paralyzed. Government policy is needed to be able to survive in the covid pandemic 19, so as to suppress the rate of inflation and the community is able to survive in the midst of the economic crush in accordance with Islamic economic law studies. Islamic scientific studies in the realm of sharia macroeconomics need to be carried out in order to be able to suppress and even overcome the problems that occur in the State of Indonesia today. How the government efforts are able to work together with all the various communities able that this outbreak is able to be overcome and not prolonged.
Implementation of Buying and Selling Gold on DSN-MUI Fatwa Number 77/DSN-MUI/V/2010 Concerning Non-Cash Buying and Selling of Gold Handoko, Luqman Hakim; Akbar, Nashr; Izzah, Ahmad
TAWAZUN: Journal of Sharia Economic Law Vol 7, No 1 (2024): Tawazun: Journal of Sharia Economic Law
Publisher : Sharia Faculty Islamic Economic Law Study Department

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21043/tawazun.v7i1.26181

Abstract

This study aims to review the literature about the implementation of fatwa DSN-MUI Number 77 on gold installments or non-cash basis. The permissibility of gold installment by MUI attracted debate and research among researchers on its implementation as the text of hadith considered the gold installment as riba which is the central issue in Islamic economics and finance. Selected Literature Review (SLR) analysis were adopted. The data was retrieved from Google Scholar using PoP Software. The observation found 29 articles related to the implementation of the fatwa. The result offered that in implementing fatwa number 77 can be grouped into 4 categories. The first is the group whose results were compliance with the fatwa with 18 articles. Second, articles state that implementation is not following the fatwa are 7 articles. Third, three articles did not clearly state whether they were shari’ah compliance or not. Fourth, research that just explains the legality of fatwa number 77. Therefore, it suggested to the Shari’ah supervisor board to closely monitor and supervise its implementation of Fatwa.
Peran Pemerintah Kabupaten Kudus dalam Pemberdayaan Ekonomi Masyarakat melalui SIDUKU Perspektif Maqashid Syariah Aulia, Rahma
TAWAZUN: Journal of Sharia Economic Law Vol 5, No 1 (2022): Tawazun: Journal of Sharia Economic Law
Publisher : Sharia Faculty Islamic Economic Law Study Department

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21043/tawazun.v5i1.14014

Abstract

This study aims to determine the role of Kudus regency government regarding innovation to support the people's economy improvement during the COVID-19 pandemic by combining it with developing technology. This research used empirical methods by looking at legal facts and the law process in society. Empirical legal research prioritizes primary data by using data collection techniques through observation and interviews. The results of this study indicate that the innovation developed by the Government of Kudus Regency, SIDUKU, is a website-based application for collecting MSME data in Kudus Regency which can find out the distribution and type of business to facilitate data collection on MSME in Kudus. The concept of innovation developed by the Regional Government of Kudus Regency, especially the Office of Manpower, Industry, Cooperatives and SMEs, is certainly in line with Maqashid Syariah in terms of maintaining life and property which can be one of economic solutions during the pandemic.
Sosio Economic: Forms of Community Welfare Based on Islamic Economic Principles Fuad, Yahya; Aisyul Hana, Ubaid; Azizah, Zumrotul
TAWAZUN: Journal of Sharia Economic Law Vol 7, No 2 (2024): Tawazun: Journal of Sharia Economic Law
Publisher : Sharia Faculty Islamic Economic Law Study Department

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21043/tawazun.v7i2.28792

Abstract

This study explores the application of Islamic economic principles in enhancing societal welfare, focusing on economic justice, the prohibition of riba (interest) and gharar (excessive uncertainty), and the obligation of wealth sharing. The primary objective of this research is to analyze the effectiveness of these principles in the modern context and their impact on social and economic welfare. The methodology includes a review of recent literature and secondary data analysis from various reports and case studies related to Islamic economics. The findings indicate that economic justice principles, through wealth redistribution mechanisms such as zakat, significantly reduce income inequality and improve the quality of life for the less fortunate. Islamic banking, by avoiding interest and applying profit-sharing principles, contributes to economic stability and financial inclusion, while mitigating systemic risks often associated with conventional banking systems. Furthermore, effective and transparent management of zakat and waqf has supported social development through various initiatives in education, healthcare, and social infrastructure. However, challenges include the lack of uniform international standards for Islamic financial institutions and the need for regulatory reforms. On the other hand, there are significant opportunities through innovations in Islamic financial products and international cooperation to strengthen the financial sector and enhance societal welfare. In conclusion, Islamic economic principles can make a meaningful contribution to societal welfare if implemented effectively with adequate regulatory support and transparency.Keyword: Islamic economics, social welfare, zakat, alms, usury, distribution of wealth
Perlindungan Hukum Terhadap Konsumen pada Pembelian Kosmetik Secara Online dalam Perspektif Mabi’ Dalam Aqad Bai’ Salam Eriyanti, Nahara; Fazial, Lisa
TAWAZUN: Journal of Sharia Economic Law Vol 3, No 1 (2020): Tawazun: Journal of Sharia Economic Law
Publisher : Sharia Faculty Islamic Economic Law Study Department

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21043/tawazun.v3i1.7848

Abstract

This research was conducted based on problems regarding the circulation of illegal imported cosmetic products online, where consumers bought cosmetics products without BPOM distribution permit and even many fake cosmetic products that had been circulating on the online market. Article 4 letter c of Law Number 8 of 1999 concerning Consumer Protection states that consumers are entitled to true, clear and honest information about the conditions and guarantees of goods and / or services. Without a BPOM distribution permit, there is no guarantee that a cosmetic product is safe to use. But in reality, there are still business actors who do not provide clear information on a cosmetic product that is sold online and the protection of consumers now is not in accordance with what is regulated in the applicable law. Based on the description above that is the focus of research on the formulation of the problem, namely: What is the perspective of Aqad Bai's greetings on cosmetics purchases online and the legal protection of consumers? The author uses qualitative research with descriptive methods in his analysis, the data collection technique The author uses interviews / interviews. The results of the study the authors get that the Role of Law No. 8 of 1999 against consumers who are disadvantaged in the transaction of buying and selling cosmetics products online, namely providing legal protection to consumers, the protection is basically protecting the rights of consumers, Legal protection efforts undertaken by the government against consumers in illegal imported cosmetics purchase transactions online namely by carrying out prevention strategies (outreach, education), conducting surveillance strategies and implementing action strategies. As for the review of Aqad Bai 'greetings to the purchase of cosmetics online based on the analysis of the authors found in this study there are discrepancies in the Islamic view, as for the discrepancies that do not meet the requirements of the pillars namely goods. Then buying and selling cosmetic products online is invalid or null and void.

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