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[Regress as a Change of Community Law on Games and Their Effect on Property Ownership ]]>
<![CDATA[Arianti, Farida]]>;
<![CDATA[Fikri, M. Ihsanul]]>;
<![CDATA[Rahmi, Zikra]]>
<![CDATA[ TAWAZUN: Journal of Sharia Economic Law Vol 6, No 1 (2023): Tawazun: Journal of Sharia Economic Law ]]>
Publisher : <![CDATA[Sharia Faculty Islamic Economic Law Study Department ]]>
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DOI: 10.21043/tawazun.v6i1.19052
<![CDATA[There has been a change in Islamic law in interpreting game play in society when the Eid celebration takes place and has made it a tradition. Changes in the law in the form of ignoring the rules of Islamic law regarding qimar (gambling). The purpose of this study is to explore how the process of partial abandonment of Islamic law is related to the implementation of the tasks of the community subsystem, namely Islamic economics and explore its influence on the abandonment of Islamic law. The method used is qualitative with a case study approach. Sources of data by looking at the social situation about the game to the point of boredom, data collection techniques through in-depth interviews with interview guides addressed to informants in the form of contract actors, as well as religious leaders, in addition to observation and analysis using qualitative descriptive analysis. The results of the study explain that first; The community plays games as a means of enlivening the Eid celebration every year in one village, in addition to being a means of property ownership for the community in a village. Second, there is a partial regress, especially in the form of disclaiming Islamic economic rules, so that the function of Islamic law as a comprehensive social control cannot be achieved. The implication of this research is the view of betting-style game play and then being raffle into a new and cultivated habit.]]>
<![CDATA[Sistem Pemasaran Dropship dalam Perspektif Islam ]]>
<![CDATA[Cahyadi, Iwan Fahri]]>
<![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.v1i1.4699
<![CDATA[Companies that want to survive must be able to adapt and respond to changes in the business environment, whether it's internal and external environment. Companies that are not able to adapt to changing environment then it will fail in his efforts. One of the changes that are happening at the moment is the marketing system with a system of dropship. On the other hand being debated dropship marketing system for the leaders of religion in Indonesia. There are some religious leaders denounce as there are elements of gharar and partly justifies. Islam is the perfect religion. Most of the religious leaders gave an answer that is clearly selling dropship allowed in Islam with a record must meet the Islamic jurisprudence. The solution is through the Covenant of samirah, wakalah and salam. Thus the law of selling dropship system is allowed, as long as there are no prohibited items.]]>
<![CDATA[Fiqh Muamalah Analysis of People's Business Credit (KUR) Products with Rahn Contract at Sharia Pawnshop Kusumanegara Branch Yogyakarta ]]>
<![CDATA[Arief, Suyoto]]>;
<![CDATA[Aziz, Muhammad Abdul]]>;
<![CDATA[Hasbi, Noval]]>;
<![CDATA[Maulana, Ahmad Ageng]]>
<![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.v8i1.31504
<![CDATA[Sharia pawnshop is a financial institution that operates based on sharia principles in the Islamic financial system. Sharia pawnshop provides financial services in accordance with Islamic principles to the public, which includes financing and collateral services in a halal manner in accordance with Islamic law. This provides an alternative to individuals and businesses who want to access financing or pledge their assets without violating religious principles. The aim of this research is to find out the mechanism of the People's Business Credit (KUR) Product at the Kusumanegara Branch of Yogyakarta sharia pawnshop and to find out the Fiqh Muamalah Analysis Regarding People's Business Credit (KUR) Products with Rahn Contracts at the Kusumanegara Branch Yogyakarta of Sharia Pawnshops. This research uses descriptive qualitative research methods, the data sources used are primary and secondary data. and this research is included in field research with observation, interviews and documentation as techniques for data collection. Based on the results of the discussion from this research, it can be seen from Fiqh Muamalah that the practice of rahn contracts on People's Business Credit (KUR) products at the Kusumanegara sharia pawnshop is not in accordance with Islamic law because there is no Al-Marhun submitted by customers to the sharia pawnshop.]]>
<![CDATA[Kebijakan Peraturan OJK Terhadap Perbankan Syariah dalam Menghadapi Wabah Covid-19 di Era New Normal ]]>
<![CDATA[Fauzi, Inna]]>;
<![CDATA[Anjani, Yassirlana]]>
<![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.v4i1.10034
<![CDATA[This study aims to examine the policy of Islamic banking law in maintaining its existence in the face of the plague that is hitting Indonesia. OJK (Financial Services Authority) has also made a number of policies that are used as an effort to save the economy in Indonesia. One of the regulations is stated in POJK Number 18 / POJK.03 / 2020 concerning "Written Orders for Handling Bank Problems". The legal policy used by Islamic banking is to measure the new OJK regulations as the organizer of an integrated regulatory and supervisory system of all activities in the financial services sector. The method used in this research is descriptive qualitative. The method used in this research is descriptive qualitative. related to the world of banking. The method used in this research is descriptive qualitative. The object of this research is Islamic banking which has more religious wisdom. The results of this study indicate that Islamic banking is making service updates, considering that the transition of the banking world to digital can increase the efficiency of work processes and improve the quality of customer service, by digitizing during the pandemic. The bank has made long-term investments and it is projected that digital services will be one of the main drivers of sustainable banking industry growth in the context of fulfilling POJK Number 18 / POJK.03 / 2020.]]>
<![CDATA[Kajian Hukum Ekonomi Syariah dalam Penyelesaian Wanprestasi Praktik Jual Beli Kayu Jati secara Kredit pada Usaha Dagang Berkah Jati Mlonggo Jepara ]]>
<![CDATA[Salsabilla, Sherly Nur]]>;
<![CDATA[Aristoni, Aristoni]]>
<![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.v6i2.22229
<![CDATA[Problems with business activities often end in conflict because one of the parties defaults or does not fulfill the obligations agreed together. This research aims to determine the resolution of defaults in the practice of buying and selling teak wood at the Berkah Jati Mlonggo Jepara Trading Business and analyze it using a Sharia Economic Law approach. The type of method used in this research is field research based on a sociological juridical approach. To obtain information or data, this research uses data sources in the form of primary data and secondary data. Primary data was obtained by direct interviews with informants or sources, while secondary data consisted of primary legal materials, secondary legal materials, and tertiary legal materials. After the information or data is collected, analysis is then carried out using qualitative descriptive data analysis techniques. The findings of this research indicate that the practice of buying and selling teak wood is carried out in writing using a cash and credit payment system. The credit practices carried out by sellers follow Sharia principles, meaning there is no element of usury. Resolving defaults through negotiation by providing several offers to extend the payment period (rescheduling) and relief from credit installment payments (reconditioning). The realization of default resolution in the practice of buying and selling teak wood in the study of Sharia Economic Law is the seller's effort to create benefits and avoid mafsadah so that the relationship between the seller and the buyer remains harmonious and can avoid hostility.]]>
<![CDATA[Paradigma Maqāsid Syariah Menjadi Disiplin Ilmu ]]>
<![CDATA[Abidin, Mukhlis]]>
<![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.v2i1.5415
<![CDATA[The focus of this paper is on the issue of maqasid sharia from the historical aspect and the paradigm shift in thinking from scientific disciplines that still belong to Ushul Fiqh to become independent disciplines. Maqasid sharia is an attempt to harmonize commands and prohibitions to produce a moderate attitude in capturing messages from religious texts born 14 centuries ago. Maqasid sharia was established as a new independent scientific discipline after the appearance of as-Syatibi, which was later developed by scientists after a change of approach (which was previously only a fiqh approach in the modern approach to maqasid science with multiple disciplines including medical, social and any other sciences which support to take legal conclusion). Maqasid sharia is wisdom from what Allah revealed about law to be made a universal value.]]>
<![CDATA[Development of Monzer Kahf’s Islamic Consumption Theory and Ethics ]]>
<![CDATA[Bella, Alif Mujiyana Eka]]>
<![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.v7i1.25484
<![CDATA[Monzer Kahf as a contemporary Muslim intellectual, has successfully articulated the concepts of welfare, utility, and consumption optimization for Muslim individuals. In the context of Islamic consumption theory, Monzer Kahf introduced the concept of rationality, while in Islamic consumption ethics, Kahf introduced the concept of 'Final spending'. The purpose of this study is to design a theoretical framework and Islamic consumption ethics, which is expected to be the main foundation for Muslims' understanding of the essence of consumption activities, with reference to Monzer Kahf's economic thought. The methodology used is a qualitative method using library research. The result of this research is that Monzer Kahf's economic thought provides a strong foundation for building a model of construction of Islamic consumption theory and ethics that can be a guide for individuals and society. By building this construction of Islamic consumption theory and ethics, it is hoped that people can adopt consumption practices that are in accordance with Islamic values, live a sustainable economic life, and help create a more just and empowered society.]]>
<![CDATA[Efektivitas Penerapan Prinsip-Prinsip Syariah Dalam Penyelesaian Sengketa Ekonomi Syariah di Badan Arbitrase Syariah Nasional (Basyarnas) ]]>
<![CDATA[Rosidah, Zaidah Nur]]>;
<![CDATA[Mahfiana, Layyin]]>
<![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.v3i1.7529
<![CDATA[This study aims to determine the application of sharia principles in sharia economic dispute resolution in the National Sharia Arbitration Agency (Basyarnas). This study uses a method of socio legal study, how sharia principles are applied in resolving sharia economic disputes so that they can provide justice for both parties. Secondary data collection is carried out through a literature study of primary legal materials and secondary legal material. Some data was requested for confirmation from the National Sharia Arbitration Agency (Basyarnas) in the Yogyakarta region. To obtain answers to the research problems, 3 activities were carried out simultaneously, namely data reduction, data presentation, conclusion drawing / syllogistic verification of deduction. The results of the research and discussion obtained several conclusions, namely first, Islamic principles have not been maximally implemented by Basyarnas, this can be seen from the basis of the consideration of Basyarnas law in its decision. Basyarnas should also correct in terms of the contract, whether it is in accordance with sharia principles or not so that the arising of the dispute is not solely due to the default of the customer but can also be caused by incompatibility with sharia principles. Second, according to Antony Allot's theory of legal effectiveness, the application of sharia principles in sharia economic dispute resolution has not been carried out in accordance with sharia principles, this is due to the lack of clarity in the case in Basyarnas' decision.]]>
<![CDATA[Analisis Kasus Pembatalan Klausula Arbitrase BANI oleh Pengadilan Negeri Jakarta Selatan (Studi Putusan Pengadilan Negeri Jakarta Selatan Nomor: 529/Pdt.G.ARB/2018/PN.Jkt.Sel) ]]>
<![CDATA[Khikmah, Nurul]]>;
<![CDATA[Khasabah, Karimatul]]>
<![CDATA[ TAWAZUN: Journal of Sharia Economic Law Vol 5, No 2 (2022): Tawazun: Journal of Sharia Economic Law ]]>
Publisher : <![CDATA[Sharia Faculty Islamic Economic Law Study Department ]]>
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DOI: 10.21043/tawazun.v5i2.16199
<![CDATA[In accordance with Law Number 30 of 1999 concerning Arbitration and Dispute Resolution, that dispute resolution at an arbitration institution is based on a written agreement from the parties to the dispute. The existence of an arbitration clause in the agreement brings legal consequences related to the absolute power of arbitration dispute resolution. This type of research is normative juridical legal research with a statutory approach. The data sources used are secondary data sources which consist of three legal materials, namely primary, secondary and tertiary. The analysis was carried out using an inductive descriptive technique. The results of this study indicate that efforts to annul arbitration can be submitted to the court provided that there are limitative conditions that must be fulfilled according to the alleged elements contained in Article 70 of Law Number 30 of 1999.]]>
<![CDATA[Optimalisasi Interpersonal Communication Account Officer Dalam Meningkatkan Volume Nasabah Pada Perbankan Syariah ]]>
<![CDATA[Suparwi, Suparwi]]>
<![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.v1i1.4698
<![CDATA[Competition of financial institutions is so tight, however the development of sharia banking the longer shows that the positive trend cann’t be separated from the role of account officers who are important marketing figures in providing information and education to the society. Banks as financial institutions that produce financial services desperately need account officers to introduce the advantages of Sharia Banks such as mudhorobah financing, salam, Istishna'and other products such as wadi'ah, ijarah, wakalah, kafalah, hawalah, rahn, as-sharf and qard.The interpersonal ability of the communication account officer is a necessity that must always be improved considering that the spearhead of banking is in the hands of the account officer. An Account Officer (AO) must be able to attract prospective customers by optimizing interpersonal communication skills with good so that customers are interested in using Sharia Bankproducts. By optimizing the interpersonal communication capabilities possessed by account officers, of course, it will be able to influence customers and create demand to for Shariah Bank products.]]>
