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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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Implementasi dan Eksistensi Khiyar (Studi Transaksi Jual Beli melalui Marketplace) Nubahai, Labib
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.v6i1.22245

Abstract

This research aims to analyze the implementation and existence of khiyar in buying and selling transactions through marketplaces. This study uses a qualitative approach with a descriptive analysis method. The results of this study indicate that in practice, buying and selling transactions through marketplaces have implemented khiyar. However, in terms of knowledge and literacy, both buyers and sellers have not fully understood khiyar. Some factors or obstacles that hinder the implementation of khiyar in buying and selling transactions through marketplaces include laziness, lengthy processes of product or fund returns, lack of socialization about religious knowledge, neglect of contractual obligations in buying and selling, and lack of awareness and empathy. The position of the concept of khiyar in modern times is relative. The existence of khiyar can be known through the position of the buying and selling contract. Khiyar is considered as a complementary condition, which means that the presence or absence of khiyar in the buying and selling contract does not affect the validity of the contract itself because khiyar cannot stand alone without the existence of the buying and selling contract as the main contract. However, khiyar is recommended as the best solution to strengthen the position of the contract, making it more ideal and achieving benefits for both parties involved in the transaction.
Fleksibelitas Hukum Ekonomi Syariah Ridwan, Murtadho
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.v1i2.5079

Abstract

This study aims to examine the flexibility of Islamic law in general and the flexibility of Islamic law in particular. This study is a literature review. Data is collected from various works that have been produced by the scholars and analyzed descriptively. The results of the study show that in general, Islamic law is divided into two types; First, Islamic law is static (fixed) and will not change, this type of law is based on Nash qath'i. Second, Islamic law that is flexible (dynamic) that can change according to the demands of the times, this type of law is based on the results of ijtihad. Many flexible laws are found in the law of muamalat (Islamic economics) and this has happened since the beginning of Islam. There are many examples of the flexibility of Islamic economic law, including: Umar stopped distributing the land from the war, even though the Messenger of Allah had distributed the land; Umar stopped the portion of the zakat property for the convert group even though they belonged to eight groups who were entitled to receive zakat shares; Umar made a policy to excise non-Muslim traders as big as Usyur (10%) and Dzimmah Expert traders by 5% when they entered the Islamic region; and Umar founded the Diwan (Baitul Mal) even though it never existed at the time of the Prophet.
Evaluasi Sistem Hukum Perbankan Syariah Pasca Undang-Undang No. 21 Tahun 2008: Systematic Literature Review Febriza, Milla
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.v8i2.34247

Abstract

Sharia banking in Indonesia has shown rapid growth over time, in line with the issuance of various regulations that specifically govern the activities and operations of sharia financial institutions. This study aims to examine and analyze the legal system governing sharia banking after the enactment of Law No. 21 of 2008. This research is a qualitative Systematic Literature Review (SLR) using the Prisma model. The data sources in this study were obtained from publications found through Google Scholar from 2008 to 2024. The data collection technique in this study used Publish or Perish software. The data analysis technique used the Prisma model presented in a flow diagram. The results of the study indicate that based on previous studies related to the Islamic banking legal system after the issuance of Law No. 21 of 2008 concerning Islamic Banking by the government, it was found that the existence of Islamic banking has experienced significant development. With this Law, the existence of Islamic banking has legal regulations that serve as the main legal basis for Islamic banking. This Law also provides legal certainty regarding operational aspects, dispute resolution, and contract principles in accordance with the maqashid syariah in Islamic banking.
Al-Ahkam: Kategori dan Implementasi Fitriani, Dhaifina
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.v4i2.10673

Abstract

Shari'a law is an order from Allah Swt that is related to the actions of mukallaf, whether in the form of demands, choices, or making something as a cause, condition, barrier, valid, null, rukhsah, or 'azimah. The law revealed by Allah Swt to humans aims for the benefit and safety of humans both in this world and in the hereafter. We will get this salvation if we obey Allah's laws consistently. The laws of Allah Swt that must be obeyed are in the nature of definite and undefined orders, orders to leave work with certainty and orders to leave work uncertainly such as whether to leave or not, and sometimes Allah SWT's law is optional. Sharia law 'is divided into taklifi law and wadh'i law. Taklifi law is a law that contains orders to be done or to be abandoned by mukallaf or which contains a choice between being done and left. There are five taklifi laws, namely obligatory, sunnah, permissible, makruh, and haram. While wadh'i law is a law that makes something as a cause for another, or a condition for something else or as a barrier for something else. Which includes the wadh'i law there are seven, namely cause, condition, barrier (mani'), rukhsah, azimah, and valid (al-Shihhah) and null (al-Buthlan). The judge (shari') is Allah Swt. Therefore all Muslims agree that the judge (source of law) is Allah Swt, so the applicable law is the law of Allah Swt.
Understanding The Concept of Halal Lifestyle to Culinary Among The People of Pontianak Saragih, Eka Junila
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.v7i1.25176

Abstract

This study aims to examine Pontianak's understanding of the concept of halal lifestyle. As is known at this time the government strives for all sectors such as halal tourism, halal lodging, halal medicines, food and halal drinks and so on have halal certification. In the city of Pontianak itself is famous for its culinary tourism. Starting from Muslim traders to non-Muslims. However, here there are several non-Muslim traders who put a halal label on their wares. These businesses sell a variety of food and beverages. The author sees that most people who are Muslim buy these foods or drinks, while Muslim traders also sell the same types of food and drinks. They only see the halal label listed without understanding the meaning of halal itself. They revealed that the most important thing is that they have a halal label and the food being sold is halal food. It is very clear that people do not understand the concept of halal itself. Even though good and healthy food is halal food and thayyib. Not all foods labeled halal products are halal, and vice versa. Therefore as Muslims they must pay attention to the cleanliness of the food and halalness of these foods. The author is of the opinion that food whose law is unclear is a doubtful matter. Syubhat is ambiguity or obscurity, so that something cannot be known clearly as halal. So that Allah swt commands humans to leave doubtful matters
Multi Akad dalam Aplikasi Mobile Banking Bank Syariah Indonesia Perspektif Fiqh Muamalah Maarif, Muhamat Nur; Munir, Sirajul
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.v5i1.13811

Abstract

The ease of service provided by Islamic banking has become increasingly advanced. One of them is a mobile banking service owned by Bank Syariah Indonesia under the name BSI Mobile, where customers will get various conveniences of service facilities with just one application downloaded using Play Strore for Android and the App store of IOS (Iphone Operating System) users. Mobile services and various contracts that have innovated are the basis for the author to examine the validity of contracts carried out by customers, where the purpose of this study is to examine hybrid contracts contained in BSI Mobile. The author uses an empirical juridical approach, combining primary data and data in the field so that the suitability of theory and practice at Bank Syariah Indonesia is found. Based on the results of this study, there are new products in Islamic Banking contained in BSI Mobile. Most of BSI Mobile products actually contain several contracts so it is necessary to apply sharia principles, especially in terms of their conformity with contracts.
Analisis Hybrid Contract Pada Sukuk Tabungan Seri ST012 Perspektif Fikih Muamalah Syibromalisi, Fatwa
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.v7i2.28990

Abstract

AbstractSukuk savings series ST012 is an SBSN issued using a Hybrid Contract in the form of wakalah, ijarah, bai', and wa'd contracts. The Hybrid Contract has been widely studied by Fuqaha which is generally referred to as al-'Uqud al-Murakkabah. However, some scholars prohibit implementing hybrid contracts based on the hadith of the prophet such as the concept of shafqataini fi shafqatin, bai' wa salaf, and bai'ataini fi bai'atin. So this study aims to examine the law of issuing sukuk savings series ST012 from the perspective of muamalah fiqh. This study uses a literature study method, with a normative approach sourced from books, journals, laws, DSN-MUI Fatwas, and other sources relevant to the research object. The results of the research show that the ST012 series savings sukuk are included in al-'Uqud al-Murakkabah, the contracts of which cannot be separated or are interrelated (al-'Uqud al-Mutaqabilah). In practice, ST012 is by Sharia provisions because the contracts are not contradictory (mutanaqidhah). This means that there is no element of gharar, mutual pleasure, and benefits the parties.Keywords: Sukuk Savings, Hybrid Contract, ST012. AbstrakSukuk tabungan seri ST012 merupakan SBSN yang diterbitkan menggunakan Hybrid Contract yaitu berupa akad wakalah, ijarah, bai’, dan wa’d. Adapun Hybrid Contract telah banyak dikaji oleh para Fuqaha yang umumnya disebut dengan istilah al-‘Uqud al-Murakkabah. Akan tetapi Sebagian ulama melarang pelaksanaan hybrid contract berdasarkan hadis nabi seperti pada konsep shafqataini fi shafqatin, bai’ wa salaf, dan bai’ataini fi bai’atin. Sehingga penelitian ini bertujuan untuk mengkaji hukum penerbitan sukuk tabungan seri ST012 perspektif fikih muamalah. Penelitian ini menggunakan metode studi kepustakaan, dengan pendekatan normatif yang bersumber dari buku, jurnal, undang-undang, Fatwa DSN-MUI dan sumber lain yang relevan dengan objek penelitian. Hasil dari penelitian menunjukan bahwa sukuk tabungan seri ST012 termasuk dalam al-‘Uqud al-Murakkabah yang di antara akad-akadnya tidak dapat dipisahkan atau saling berkaitan (al-‘Uqud al-Mutaqabilah). ST012 dalam praktiknya telah sesuai dengan ketentuan syariah karena akad-akadnya tidak berlawanan (mutanaqidhah). Maknanya tidak terdapat unsur gharar, saling rida, dan menguntungkan para pihak.Kata Kunci: Sukuk Tabungan, Hybrid Contract, ST012. Abstract Sukuk savings series ST012 is an SBSN issued using a Hybrid Contract in the form of wakalah, ijarah, bai', and wa'd contracts. The Hybrid Contract has been widely studied by Fuqaha which is generally referred to as al-'Uqud al-Murakkabah. However, some scholars prohibit implementing hybrid contracts based on the hadith of the prophet such as the concept of shafqataini fi shafqatin, bai' wa salaf, and bai'ataini fi bai'atin. So this study aims to examine the law of issuing sukuk savings series ST012 from the perspective of muamalah fiqh. This study uses a literature study method, with a normative approach sourced from books, journals, laws, DSN-MUI Fatwas, and other sources relevant to the research object. The results of the research show that the ST012 series savings sukuk are included in al-'Uqud al-Murakkabah, the contracts of which cannot be separated or are interrelated (al-'Uqud al-Mutaqabilah). In practice, ST012 is by Sharia provisions because the contracts are not contradictory (mutanaqidhah). This means that there is no element of gharar, mutual pleasure, and benefits the parties.Keywords: Sukuk Savings, Hybrid Contract, ST012. AbstrakSukuk tabungan seri ST012 merupakan SBSN yang diterbitkan menggunakan Hybrid Contract yaitu berupa akad wakalah, ijarah, bai’, dan wa’d. Adapun Hybrid Contract telah banyak dikaji oleh para Fuqaha yang umumnya disebut dengan istilah al-‘Uqud al-Murakkabah. Akan tetapi Sebagian ulama melarang pelaksanaan hybrid contract berdasarkan hadis nabi seperti pada konsep shafqataini fi shafqatin, bai’ wa salaf, dan bai’ataini fi bai’atin. Sehingga penelitian ini bertujuan untuk mengkaji hukum penerbitan sukuk tabungan seri ST012 perspektif fikih muamalah. Penelitian ini menggunakan metode studi kepustakaan, dengan pendekatan normatif yang bersumber dari buku, jurnal, undang-undang, Fatwa DSN-MUI dan sumber lain yang relevan dengan objek penelitian. Hasil dari penelitian menunjukan bahwa sukuk tabungan seri ST012 termasuk dalam al-‘Uqud al-Murakkabah yang di antara akad-akadnya tidak dapat dipisahkan atau saling berkaitan (al-‘Uqud al-Mutaqabilah). ST012 dalam praktiknya telah sesuai dengan ketentuan syariah karena akad-akadnya tidak berlawanan (mutanaqidhah). Maknanya tidak terdapat unsur gharar, saling rida, dan menguntungkan para pihak.Kata Kunci: Sukuk Tabungan, Hybrid Contract, ST012.
Kajian Fatwa Dewan Syariah Nasional Tentang Mudharabah Mursid, Fadhilah
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.v3i1.7847

Abstract

Until now, mudharabah is still carried out in people's lives even though it has been modified to a degree. Even in Islamic Financial Institutions, mudaraba becomes a mainstay product that is often offered by customers. With the increasing number of LKS that makes mudharabah as one of its flagship products. MUI as an institution that has the authority to issue fatwas related to Islamic economics through DSN considers it necessary to issue a fatwa on mudharabah so that the procedure is carried out in accordance with Islamic Sharia. Regarding the fatwa it is interesting to analyze how the implementation of the DSN fatwa on mudaraba in the study of muamalah fiqh. The researcher uses a descriptive qualitative research method which discusses comprehensively using various sources of primary and secondary literature data relating to the MUI DSN fatwas on mudharabah. The results of the study concluded that overall the existing fatwa was in accordance with the provisions contained in the treasury of Islamic economics. However, in carrying out legal construction as a legal standing, it is still very global, especially in the use of fiqh proposals. Even from a number of fatwas, there is a similar tendency in legal construction of different content of the fatwa.
Pengupahan Jasa Host Live Streaming Tiktok Shop Perspektif Teori Relasi Kuasa dan Akad Ijarah Aprilia, Via; Huda, Muhammad Chairul
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.v6i1.17442

Abstract

The purpose of this study is to find out how the Tiktok shop live streaming hosting service remuneration system is based on the perspective of Michel Foucault's power relations theory and the ijarah contract. The type of research used is field research with qualitative methods and uses a descriptive analysis approach. Data collection techniques by way of observation and interviews. Data findings in the form of research facts that are logically and systematically outlined and then analyzed are used as conclusions from the research. The results of this study are the power relations that occur between the employees of the live streaming Tiktok shop host and the owner of the Gemaz Salatiga Shop in line with the power relations theory coined by Michel Foucault regarding power and knowledge. This is evidenced by the behavior and decisions that are applied by the owner of the Gemaz Salatiga Store to employees such as determining the work system, working time and determining the wage system. Then the analysis uses the ijarah contract, the Tiktok shop live streaming host fee system is included in the ijarah al-amal contract. Judging from the terms and pillars of the ijarah contract, the Tiktok shop live streaming host fee system has been fulfilled. However, the principle of fairness should be a reference for the rulers of live host streaming services.
Pemasaran Desain Produk Prespektif Hukum Ekonomi Syariah Atabik, Ahmad
TAWAZUN: Journal of Sharia Economic Law Vol 1, No 1 (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.v1i1.4911

Abstract

Marketing strategy is a statement (both implicit and explicit) about how a brand or product line reaches its goal. Meanwhile, Tull and Kahle (1990) defined a fundamental tool strategy planned to achieve company goals by developing sustainable competitive advantages through the market entered and marketing programs used to serve the target market. In each step, marketing activities and activities must always be based on Islamic shari'a. Sharia marketing believes that these divine laws are the most ideal, the most perfect, most appropriate for all forms of goodness and most can prevent all forms of damage. A Shari'ah marketer even though he is not able to see God, he will always feel that God is always watching him. So that he will be able to avoid all kinds of actions that cause other people to be deceived.

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