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Al-Mustashfa: Jurnal Penelitian Hukum Ekonomi Syariah
Published by Universitas Islam Negeri Siber Syekh Nurjati Cirebon
ISSN : 23550805     EISSN : 25494112     DOI : https://doi.org/10.24235
Core Subject :
Al-Mustashfa: Jurnal Penelitian Hukum Ekonomi Syariah publishes original and recent studies that focus on normative, empirical, and comparative analyses of Sharia economic law and its application across various modern economic sectors in different countries, particularly in Indonesia. The scope of the journal includes: Sharia law in economic activities, trade, the halal industry, and business governance. Regulation of Islamic finance, banking, the Islamic capital market, Islamic fintech, and other financial instruments. Contracts (aqd) from the perspectives of fiqh al-mu‘āmalāt and positive law, including issues of dispute resolution, Sharia compliance, and international regulatory standards. Business ethics and Sharia governance in corporations, financial institutions, and regulatory authorities. Islamic economic thought, legal theory, and interpretive methodologies (ijtihād) within contemporary economic contexts. Judiciary and dispute resolution in Sharia economic matters, including comparative studies between national (Indonesia) and international jurisdictions. Implementation of Sharia economic law in society. The journal encourages multidisciplinary approaches—covering law, economics, finance, and policy studies—provided that the primary analysis remains grounded in the framework of Sharia economic law.
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Articles 16 Documents
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Search results for , issue "vol. 9 no. 2 (2024)" : 16 Documents clear
The Practice of Money Arisan with an Auction-Based Drawing System in Nagori Perlanaan: A Study in Islamic Economic Law Pani Akhiruddin Siregar; Agus Ningtias; Kadri Bancin
Al-Mustashfa: Jurnal Penelitian Hukum Ekonomi Syariah Vol. 9 No. 2 (2024)
Publisher : UIN Siber Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/jm.v9i2.14994

Abstract

This study examines the practice of money arisan with an auction-based drawing system in Nagori Perlanaan through the lens of Islamic economic law. Money arisan, a form of social financial gathering popular in Indonesia, has evolved into various systems, including auction-based mechanisms. This research explores its unique practices and compliance with Islamic legal principles. Utilizing an empirical legal approach, the study analyzes data collected through field observations and interviews with participants of the money arisan. The legal framework is evaluated based on Islamic jurisprudence (fiqh), supported by Quranic verses and Hadith. The mechanism involves members bidding with the highest monetary offer to win the arisan in each period, starting from the second cycle of 38 total cycles. Winners in earlier cycles receive less money due to bid deductions, while those in later cycles benefit from accumulated funds. The arisan structure includes privileges for the chairman and administrative penalties for withdrawal. While the practice fosters financial cooperation, it introduces elements akin to riba due to unequal benefits and the presence of profit-oriented borrowing among members. This contravenes Islamic principles, which emphasize fairness and mutual benefit in financial transactions. The practice of money arisan with an auction-based system in Nagori Perlanaan, though innovative, is deemed non-compliant with Islamic economic law as it involves elements of riba. Legal reform is necessary to align such practices with Sharia principles.Keywords: Money Arisan, Auction System, Islamic Economic Law, Riba, Financial Practices
The Principle of ats-Tsabit bi al-‘Urfi ka ats-Tsabit bi asy-Syar’i in DSN-MUI Fatwa No. 117 on Sharia Fintech Ryan Bianda
Al-Mustashfa: Jurnal Penelitian Hukum Ekonomi Syariah Vol. 9 No. 2 (2024)
Publisher : UIN Siber Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/jm.v9i2.15241

Abstract

This research aims to describe and analyze the integration of the fiqh rule Ats-Tsabit bi Al-‘Urfi ka Ats-Tsabit bi Asy-Syar’i into the context of DSN-MUI Fatwa No. 117, which regulates Sharia-compliant financial technology (fintech). The study highlights the significance of combining urf (custom) and Sharia principles to create a comprehensive framework for enhancing Islamic financial products and services. This qualitative research uses a literature-based approach, collecting secondary data from fatwas, books, journals, and other relevant sources. The findings reveal that the application of the Ats-Tsabit rule not only reinforces the validity of modern financial transactions in compliance with Sharia but also supports the innovation needed to address the dynamic demands of society. The study also emphasizes the role of urf as a fundamental element in bridging traditional Islamic law with contemporary economic practices. These insights provide actionable recommendations for improving regulatory frameworks and fostering public trust in the Islamic fintech ecosystem. This research makes a significant contribution to the development of Islamic economic law by offering a sustainable approach to aligning technological advancements with Sharia principles.Keywords: Financial Technology, Fatwa, DSN-MUI, Islamic Law, Urf.
Comparative Analysis of Economic Fiqh in Islamic Financial Transactions: ‎A Review of Literature from Various Madhhabs Mohamad Ghozali; Dedah Jubaedah; Deni Kamaludin Yusup
Al-Mustashfa: Jurnal Penelitian Hukum Ekonomi Syariah Vol. 9 No. 2 (2024)
Publisher : UIN Siber Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/jm.v9i2.16350

Abstract

This study analyzes the comparative interpretations of Islamic economic jurisprudence (fiqh) in financial transactions across the Hanafi, Maliki, Shafi'i, and Hanbali schools of thought. Employing a descriptive qualitative approach, data were collected from academic literature, official documents, historical sources, and expert interviews. The research focuses on key Sharia financial transactions, including murabahah, mudarabah, musyarakah, ijarah, and sukuk, to explore the diversity of fiqh interpretations. The findings reveal significant differences, with the Hanafi and Maliki madhhabs showing greater flexibility and adaptability to socio-economic contexts, while the Shafi'i and Hanbali madhhabs maintain a stricter adherence to religious texts. These differences impact the design and implementation of Sharia-compliant financial products, influencing how they align with diverse fiqh perspectives. This study concludes that such variations highlight the dynamic and adaptable nature of Islamic economic jurisprudence in addressing diverse socio-economic needs. It underscores the importance of harmonizing interpretations to support the globalization of Islamic finance, ensuring inclusivity and sustainability without compromising Sharia principles. This research provides valuable insights into the role of madhhab diversity in shaping the growth and development of Sharia-compliant financial systems.Keywords: Economic Fiqh, Islamic Financial Transactions, Madhhab Comparison, Sharia Finance.
Basic Needs as the Foundation of Consumer Behavior: An Analytical Study of Al-Ghazali's Thought Setiawan Bin Lahuri; Euis Nurkholifah; M. Ridlo Zarkasyi; Soritua Ahmad Ramdani Harahap
Al-Mustashfa: Jurnal Penelitian Hukum Ekonomi Syariah Vol. 9 No. 2 (2024)
Publisher : UIN Siber Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/jm.v9i2.16764

Abstract

Consumer behavior that has a lot of consumptive tendencies makes this pattern incompatible with consumption in the Islamic economics. Society has the ideology of consuming excessively, unknowingly, and sustainably. Purchases of goods are only based on desires and do not consider needs, so it is necessary to enforce consumption patterns so that they do not fall into the excessive category. The research methodology used is a literature study method by conducting an in-depth reading analysis of various references related to consumer behavior, especially examining various existing literature works. Researchers reviewed several books written by Al Ghazali and several related figures to obtain additional analysis in this research. The results of this research indicate that the consumption theory according to Al Ghazali is not only oriented to satisfaction. Consumption in Islam is more to make people more obedient in worship. Humans are not required to meet their needs sporadically but must comply with sharia principles. Other important things by paying attention to halal, good and mashlahah for the goods they consume.  Keywords: Consumer behavior, Islamic Economics, Society, Al-Ghazali
A Review of MUI Fatwa Number 4 of 2003 on the Standardization of Halal Fatwas Regarding the Use of Unusual Food Names in Palangka Raya Meyrara Widya Putri; Muhammad Amin; Baihaki Baihaki
Al-Mustashfa: Jurnal Penelitian Hukum Ekonomi Syariah Vol. 9 No. 2 (2024)
Publisher : UIN Siber Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/jm.v9i2.17031

Abstract

The food and beverage industry in Palangka Raya City is growing rapidly, encouraging business actors to innovate by giving food names that reflect uniqueness and current trends. However, some of these food names carry negative connotations, raising controversy in a religious context. This study aims to analyze the use of unusual food names in Palangka Raya City based on MUI Fatwa Number 4 of 2003 on halal standardization. The research employs a normative legal method, using legal argumentation to address the issue. The results show that the use of food names such as Ketuyung Satan, Dr. Satan Noodles (Acute, Chronic, Inpatient, Emergency, and Critical/Coma), BurgPorn, Naughty Noodles, Crazy Rice, and Crazy Spicy Pentol does not comply with the provisions of MUI Fatwa Number 4 of 2003. The fatwa states that food and drink names must not lead to disbelief, falsehood, or prohibited elements, except for traditional names ('urf) that are guaranteed not to contain unlawful components. These findings highlight the importance of integrating innovation in food naming with adherence to religious norms. Keywords: MUI Fatwa; Use Food Names; Halal Food; Palangka Raya.
The Implementation of al-Ijarah al-Mausufah fi al-Zimmah in Umrah Travel Muhammad Furqon Almurni; Oyo Sunaryo Mukhlas; Atang Abd Hakim
Al-Mustashfa: Jurnal Penelitian Hukum Ekonomi Syariah Vol. 9 No. 2 (2024)
Publisher : UIN Siber Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/jm.v9i2.17534

Abstract

The purpose of this research is to understand the application of al-ijārah al-maṣūfah fi al-żimmah (IMFZ) in Umrah travel. This research is particularly interesting due to the gap between the expectations of Umrah travel service users and the actual services provided by travel agencies. It is hoped that the standards proposed by the researcher will become the benchmark and monitoring mechanism for the Ministry of Religious Affairs in granting permits for Umrah travel agencies, thereby preventing fraud. The research method employed is descriptive analytical, which involves describing the contract law of IMFZ, analyzing the fiqh adaptation (takyīf fiqh), and outlining the standards for IMFZ implementation in Umrah travel based on relevant research sources such as journals, books, and news. The results indicate that the application of IMFZ in Umrah travel must meet several standards. These standards include provisions related to services, payment conditions, as well as down payments and guarantees. All the aforementioned provisions refer to the DSN MUI Fatwa No. 101 concerning the IMFZ agreement.Keywords: al-ijārah al- mauṣūfah fi al-żimmah, takyiīf al-fiqh and Umrah travel
Analysis of Halal Assurance System Implementation and Maslahah on Processed Products in Gus Dur Cemetery Salma Utiya Hikmah; Muhamad Ali Hisyam; Zainuddin Zainuddin
Al-Mustashfa: Jurnal Penelitian Hukum Ekonomi Syariah Vol. 9 No. 2 (2024)
Publisher : UIN Siber Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/jm.v9i2.17611

Abstract

The obligation for Muslims to consume halal food is mandated in Surah Al-Baqarah verse 168. To ensure halal products, the Indonesian government enacted Law Number 33 of 2014 concerning the Halal Product Assurance System (SJPH). In the Gus Dur Cemetery Area, a popular pilgrimage site, the availability of halal-certified processed products is limited, raising questions about compliance with SJPH principles and their alignment with maslahah al-ammah (public benefit). This qualitative study uses an empirical approach to evaluate SJPH practices and their alignment with maslahah al-ammah. Data were collected through interviews, observations, and documentation, supported by secondary sources. Analysis followed Miles and Huberman's interactive model. The findings reveal that most processed product traders in the Gus Dur Cemetery Area have not implemented SJPH. Only two out of 53 outlets, Segere Dawet and Fruit Thai, have adopted halal certification, with others misusing halal logos without proper certification. Consequently, the maslahah al-ammah of halal food consumption is not achieved due to the incomplete implementation of halal assurance. While halal food consumption is essential for maslahah, incomplete SJPH implementation impedes its realization. Limited trader awareness and inadequate regulatory enforcement are significant challenges. The halal assurance system in the Gus Dur Cemetery Area remains insufficient, falling short of achieving maslahah al-ammah due to systemic and compliance issues.Keywords: Halal Assurance System, Maslahah, Gus Dur Cemetery, Processed Products
The Digital Revolution of Islamic Entrepreneurship: A Study on Upholding the Principles of E-Commerce Legitimacy in Marketplaces Pauzi Muhammad; Yoesi Primadiya Fitri; A Alak; Pidayan Sasnifa
Al-Mustashfa: Jurnal Penelitian Hukum Ekonomi Syariah Vol. 9 No. 2 (2024)
Publisher : UIN Siber Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/jm.v9i2.18179

Abstract

The rapid digital transformation in entrepreneurship has significantly influenced Islamic economic practices, particularly e-commerce. However, there is a lack of research focusing on methods to enforce e-commerce legitimacy in Islamic entrepreneurship. This study employs a qualitative library research approach with descriptive-analytical, conceptual, and philosophical methodologies. Secondary data is drawn from classical and contemporary fiqh muamalah texts, academic research, and digital resources. The data is analyzed systematically and normatively to explore key principles and methods for enforcing e-commerce legitimacy. The findings reveal six core principles essential for ensuring legitimacy in e-commerce: (1) mutual benefits for all parties, (2) mutual consent in transactions, (3) transparency in product and service information, (4) justice in avoiding any form of oppression, (5) excellent customer service, and (6) ethical behavior in business activities. These principles ensure compliance with Sharia and foster trust and fairness in digital marketplaces. The study concludes that enforcing e-commerce legitimacy principles is critical for addressing challenges in digital transactions and aligning them with Islamic entrepreneurial ethics. This contributes to prosperity (falah) for both sellers and buyers in worldly and spiritual contexts. Future research should focus on developing practical frameworks for applying these principles across various e-commerce platforms to enhance sustainability and compliance in the Islamic digital economy.Keywords: Digital Transformation, Islamic Entrepreneurship, E-Commerce Legitimacy, Sharia Compliance, Marketplace Ethics
Analysis of the Dynamics of Sharia Economic Law Regulation in Indonesia Helmi Fitriansyah; Koko Komaruddin
Al-Mustashfa: Jurnal Penelitian Hukum Ekonomi Syariah Vol. 9 No. 2 (2024)
Publisher : UIN Siber Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/jm.v9i2.18257

Abstract

The regulation of Sharia economic law in Indonesia reflects the government’s commitment to aligning financial and economic systems with Islamic principles. These regulations aim to foster transparency, financial stability, consumer protection, and innovation in Sharia-compliant financial products and services. This study employs a literature review approach, analyzing Indonesian legislation, regulatory updates from the Financial Services Authority (OJK), and relevant academic literature to understand the dynamics and development of Sharia economic law. The findings highlight the dynamic evolution of Sharia economic law, driven by regulatory reforms and the growth of Islamic financial institutions. Key areas of focus include advancing Sharia financial technology (fintech), enhancing Sharia financial literacy, and strengthening international cooperation. Regulatory updates by OJK emphasize transparency, accountability, and consumer protection, while fostering innovation to meet complex market demands. Despite significant progress, challenges remain in implementing oversight mechanisms and integrating technological innovations. The development of specialized regulations covering areas like waqf, zakat, and Islamic banking underscores the dynamic interaction between societal demand and regulatory responses. Sharia economic law regulations in Indonesia play a pivotal role in national economic development.Keywords: Sharia Economic Law, Regulation, Dynamics, Financial Technology.
Application of Mu'nah Rahn Tasjily in Land Collateral: Integration of DSN-MUI Fatwa and Sharia Economic Principles Wasman Wasman; Sekar Elena; Ahmad Khoirudin; Abdul Fatakh; Fajar Setiawan
Al-Mustashfa: Jurnal Penelitian Hukum Ekonomi Syariah Vol. 9 No. 2 (2024)
Publisher : UIN Siber Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/jm.v9i2.18549

Abstract

This study investigates the application of mu’nah rahn tasjily in land collateral financing at Pegadaian Syariah KC. Cipto Mangunkusumo Cirebon, integrating the DSN-MUI Fatwa No. 68/DSN-MUI/III/2008 and the Compilation of Sharia Economic Law (KHES). Employing a qualitative approach with a normative-empirical methodology, the research combines literature reviews and field investigations. Primary data were collected through interviews with employees and managers, while secondary data included books, journals, and relevant documents. Data collection methods involved observation, structured interviews, and documentation, focusing on the implementation of mu’nah in land certificate financing for the year 2023. The findings reveal two types of rahn tasjily contracts, with one involving the determination of mu’nah based on the loan amount. In these contracts, the collateral submitted serves only as proof of ownership, while the pledger retains control over the physical collateral. However, an analysis of the DSN-MUI Fatwa indicates a deviation in practice at Pegadaian Syariah KC. Cipto Mangunkusumo, as mu’nah is calculated proportionally to the loan amount rather than independently. Furthermore, the KHES emphasizes time-based calculations for ijarah, suggesting the necessity of structured time limitations to prevent disputes and ensure compliance with Sharia principles. This study underscores the need for a more consistent application of Sharia guidelines in determining mu’nah to enhance transparency and fairness in Islamic financial practices.Keywords: Mu’nah Rahn Tasjily, Land Collateral, DSN-MUI Fatwa, Sharia Economic Law, Islamic Pawnshop Practices.

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