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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.
Arjuna Subject : -
Articles 238 Documents
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WAKAF BERBASIS AKAD MUAMALAH UNTUK MENINGKATKAN KETAHANAN PANGAN DI INDONESIA Fauzia Ulirrahmi; Afthon Yazid
Al-Mustashfa: Jurnal Penelitian Hukum Ekonomi Syariah Vol. 7 No. 2 (2022)
Publisher : UIN Siber Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/jm.v7i2.11525

Abstract

Food security can be achieved by the existence of adequate food land. The government has made efforts to implement land protection with the passage of Law No. 41 of 2009 concerning the Protection of Sustainable Food Agricultural Land. The implementation of this law is constrained because it must be further implemented in derivative laws that are the domain of local governments. In addition, the large number of interests related to the use of land for use outside the agricultural sector is also a serious obstacle. This is further complicated by the passage of the Job Creation Law (Ombibus Law) which states that sustainable food agricultural land can be converted to realize public interests or national strategic projects (Article 122). This research is qualitative research with library sources using the analysis of contract theory in fiqh muamalah. The result is that waqf can serve as a safeguard for agricultural land which is now often converted, it can also serve as capital to support the agricultural sector with several contracts such as muzaro'ah, mukhabaroh, ba'i salam, and ijarah. These contracts will intensify productive agricultural activities with a broad distribution of profits. This activity can also be used with non-profit and commercial programs. The agreement is expected to improve food security in Indonesia and, in addition, the welfare of farmers who have been at a low economic level can be improved.Keywords: Food Security; Waqf; Contract; Mu'amalah
VALIDITAS ELEKTRONIK KONTRAK SYARIAH PADA FINANCIAL TECHNOLOGY PT. DANA SYARIAH INDONESIA SEBAGAI ALAT BUKTI AUTENTIK Riska Wijayanti; Dewi Manda Angraini
Al-Mustashfa: Jurnal Penelitian Hukum Ekonomi Syariah Vol. 8 No. 1 (2023)
Publisher : UIN Siber Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/jm.v8i1.11544

Abstract

AbstractA contract is always growing. Shalihun li kulli al-zaman wa al-makan its mean everything can develop according to the era and the masses, but the development of electronic contracts without meeting and seeing the person or object whether it meets the terms of the validity of the contract, while the easier it is to make contracts does not facilitate the emergence of many potential legal problems. The research problem is How is the validity of electronic contracts on fintech of the Indonesian Sharia Fund? Can electronic contracts executed virtually be used as authentic evidence? This research is normative legal research that uses primary and secondary data sources. The data obtained are processed using qualitative descriptive methods. The results of the study prove that based on the jhumur ulama electronic sharia contract can be said to be valid if it meets the conditions for the validity of the contract, namely; shigat, Al 'aqidan, ma'qud 'alaih, and maudhu' al 'aqd. While related to its function as an authentic evidence tool when it meets the formal and material requirements, its existence cannot stand alone and still requires other evidence.Keywords: Electronic Contract, Sharia Contract; Authentic Evidence Tools, Fintech.
MATA KULIAH KEWIRAUSAHAAN DAN TEKNOLOGI INFORMASI BERPENGARUH TERHADAP MINAT BERWIRAUSAHA MAHASISWA Syaeful Bakhri; Achmad Otong Busthomi; Gofar Maulana Sidik
Al-Mustashfa: Jurnal Penelitian Hukum Ekonomi Syariah Vol. 7 No. 2 (2022)
Publisher : UIN Siber Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/jm.v7i2.11577

Abstract

Factors that influence students' interest in entrepreneurship in this study are entrepreneurship courses and the use of information technology. The purpose of this research is to find out how the interest of students of the Faculty of Sharia and Islamic Economics IAIN Syekh Nurjati Cirebon to start their own business is influenced by entrepreneurship courses and the use of technology. The research method used is quantitative research with the subject of FSEI IAIN Syekh Nurjati Cirebon students. The research population used the Slovin formula with an error rate of 5%, where as many as 355 students were the sample in this study. This Study’s research aids for descriptive analysis methods and multiple linear regression in this study used SPSS version 22 software. The results showed that entrepreneurship courses and the use of information technology simultaneously affected students' entrepreneurship interests. Analysis of research data shows that the t-test results show that the variables of entrepreneurship courses and the use of information technology partially affect the variable of student interest in entrepreneurship.Keywords: Entrepreneurship; Information Technology; Interest
AL-QUR’AN DAN PEMBANGUNAN LINGKUNGAN BERKELANJUTAN DI INDONESIA: ANALISIS MAQASHID SYARIAH UNTUK PENCAPAIAN SDGs Slamet Firdaus
Al-Mustashfa: Jurnal Penelitian Hukum Ekonomi Syariah Vol. 7 No. 2 (2022)
Publisher : UIN Siber Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/jm.v7i2.11594

Abstract

This article will explore the Islamic worldview on environmental development which is the main problem of the world community today. One that did not receive much attention in this study was the role of religion and all related components in contributing to the realization of sustainable environmental development. These environmental issues are part of the SDGs agenda which requires a new perspective through comparison with the maqasid shariah framework, specifically to analyze the agenda of SDGs 2030 in Indonesia, especially the pillars of environmental development with targets and priorities in realizing it. For this reason, text interpretation and content analysis methods are used to examine sources of religious texts, especially verses of the Qur'an that reveal the relationship between Islam, development, and the environment, as well as road map documents and Indonesia's SDGs 2017-2030 policy. The conclusion of this article emphasizes that the Qur'an as a source of the Islamic law that has a philosophical foundation is operationalized through maqasid shariah as the goals of Islamic law set by Allah to realize goodness for humans through sustainable environmental development and the application of environmental ethics for all human beings. for its sustainability in the future.Keywords: Holy Qur’an; Maqasid Shariah; SDGs; Environmental Ethics; Environmental Sustainability
ANALISIS TENTANG MODEL MADZHAB FIQH MUHAMMADIYAH (ANALISIS TENTANG HUKUM ISLAM DALAM PERSPEKTIF KAUM MODERNIS INDONESIA) Achmad Achmad; Shodiq Abdullah; Akhmad Shodikin; Anne Haerany
Al-Mustashfa: Jurnal Penelitian Hukum Ekonomi Syariah Vol. 7 No. 2 (2022)
Publisher : UIN Siber Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/jm.v7i2.11752

Abstract

The main study in this research is about finding the form and model of the Muhammadiyah school of fiqh. There is a strong assumption that Muhammadiyah has an independent madhhab model of fiqh. However, the manhaj is not out of fiqh ahlu sunnah wal jama'ah. This research model is qualitative, and in its discussion, this research uses descriptive analysis methods, while obtaining data using the library method by looking for books, writings, and journals related to Muhammadiyah, especially about ijtihad. From the results of this study, it was found that the Muhammadiyah fiqh model in its tarjih product was an improved formulation and compilation of the fiqh model used by the previous fiqh schools. From the results of the ijtihad tarjih product, Muhammadiyah has an independent and binding model of fiqh for members of the Muhammadiyah association.Keywords: Tarjih; Modernist; Independent madhhab.
ZAKAT SEBAGAI ALTERNATIF PENDAPATAN NEGARA Aditya Agung Satrio
Al-Mustashfa: Jurnal Penelitian Hukum Ekonomi Syariah Vol. 7 No. 2 (2022)
Publisher : UIN Siber Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/jm.v7i2.11761

Abstract

Zakat and tax have some similarities in function and role. Researches related to zakat only focus on the management and calculation method. There are still limited studies that discuss the possibility of Zakat being used as an alternative to state revenue. Therefore, this study aims to fill this gap by making a study of the possibility of zakat being used as a source of state revenue. This study uses a qualitative approach by reviewing various kinds of literature related to zakat management in various countries. The pieces of literature are processed using the procedure developed by Taylor (2017). The procedures are (1) organize; (2) synthesize, and (3) identify. Through this study, the results show that it is legally possible to include zakat as an alternative to receiving and can be used for social programs. the use of funds from zakat can be classified as restricted funds which can only be used for programs that comply with Islamic regulations. This research can be used as input to the Government to include zakat as state budget revenues.  Keywords: Zakat; State Revenue; Syaria.
IMPLEMENTASI ASAS TADARRUJ DALAM KONVERSI BANK KONVENSIONAL MENJADI BANK SYARIAH Mu'tashim Billah; Vivi Rahma; Abdul Mughits; Irma Suryani
Al-Mustashfa: Jurnal Penelitian Hukum Ekonomi Syariah Vol. 8 No. 1 (2023)
Publisher : UIN Siber Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/jm.v8i1.11901

Abstract

AbstractThe efforts to implement Islamic sharia in Indonesia are entering a new phase. This effort can be seen clearly in the trend of the conversion of conventional banks toward Islamic banks. However, there is one thing that hinders this conversion process, namely the status of conventional bank capital which is also converted into Islamic bank capital. This article attempts to describe the problems of the conversion of conventional banks toward Islamic banks. This article is a literature research with a qualitative approach. The method used in this article is normative-juridical by utilizing the concept of tadarruj in the principle of application of Islamic law as an analytical tool. This article argues that conversion is one of several mechanisms for changing a conventional banking institution into an Islamic bank accompanied by a change in the conventional management system into a sharia system. In the conversion process, all conventional bank transactions are converted into transactions with sharia nuances. This change in contract only has implications for the principal of the contract, without including the margin and interest that are characteristic of conventional banks.Keywords: the conversion; conventional bank; islamic bank; tadarruj
ALTERNATIF PENYELESAIAN SENGKETA (APS) PERSPEKTIF AL-QURÁN DAN HADITS Fuad Fatkhu Rakman; Syufa'at Syufa'at
Al-Mustashfa: Jurnal Penelitian Hukum Ekonomi Syariah Vol. 8 No. 1 (2023)
Publisher : UIN Siber Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/jm.v8i1.11947

Abstract

AbstractThis study aims to find out the basis for Alternative Dispute Resolution (APS) which includes mediation, negotiation, conciliation, and arbitration in Islamic law taken from the Al-Qur'an and Al-Hadith. The core of the problem to be uncovered in this study is to find models of dispute resolution at the time of Rasulullah SAW. The research method used in this research is a library study research model with a descriptive qualitative approach and relies on books, articles, journals, and turots as a source of research data. The results of this study found that during the time of Rasulullah SAW and his companions, the practice of resolving disputes through Alternative Dispute Resolution (APS) had been found. This is evidenced by, first, the discovery of the basis for negotiation, mediation, conciliation, and arbitration from the Al-Qur'an and Hadith, second, the prophet Muhammad SAW negotiated with Suhail Bin 'Amr as a negotiator of the polytheists in the form of a hudaibiyah agreement, the three prophets of Muhammad SAW became a mediator in reconciling two people from the Ansor who had a dispute over material rights, fourthly it was found that the Prophet Muhammad SAW justified the arbitration carried out by Abu Syuraikh and Sa'ad Bin Muadz.Keywords: Alternative Dispute Resolution, Al-Qur'an, Al-Hadith
ANALISIS PERLINDUNGAN HUKUM KONSUMEN TABUNGAN EMAS PADA E-COMMERCE TOKOPEDIA Suprapdi Suprapdi; Abdul Mujib
Al-Mustashfa: Jurnal Penelitian Hukum Ekonomi Syariah Vol. 8 No. 1 (2023)
Publisher : UIN Siber Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/jm.v8i1.12622

Abstract

AbstractThis article aims to analyze the legal protection of consumers digital gold savings in e-commerce transactions on Tokopedia. Digital gold savings is a product of gold buying and selling services with deposit facilities at very affordable prices. This service is one form of the business operation of pawnshop companies as a deposit service provider institution that has been mandated in SEOJK No. 52/SEOJK.05/2017. Along with the development and advancement of technology, PT. Pegadaian collaborates with e-commerce, one of which is Tokopedia, to encourage the public to invest in gold only through their smartphones. This authorship uses normative juridical methods. The results showed that legally, the regulation regarding business actors (PT. Pegadaian and e-commerce) is required to guarantee legal protection of consumer rights, including ensuring legal protection for consumers in the event of an increase or decrease in gold prices that fluctuate every day. While digital ownership of gold in Islamic law is included in imperfect ownership because it is only in the form of gold balances (intangible).Keywords: legal protection; online gold savings; e-commerce.
RIBA DAN BUNGA BANK DALAM PERSPEKTIF TEORI NASAKH MAHMUD MUHAMMAD THAHA Wartoyo Wartoyo
Al-Mustashfa: Jurnal Penelitian Hukum Ekonomi Syariah Vol. 8 No. 1 (2023)
Publisher : UIN Siber Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/jm.v8i1.12736

Abstract

AbstractThe purpose of this article is to conduct a study of the verses of usury in the Qur'an using Mahmoud Muhammad Thaha's nasakh theory, then proceed with an analysis of the application of the nasakh theory to bank interest, which so far there are still many disagreements among Muslim scholars regarding the law, whether it includes usury or not usury. The method used in writing this article is to use qualitative methods with analytic descriptive analysis with the main data source coming from library data (library research). The results of this study found that the practice of riba regardless of its type, form, quality, and quantity is prohibited. Because usury is contrary to the spirit of justice in the distribution of income and assets of Muslims. The prohibition of usury has the same position as the prohibition of other forms of a prohibition against other practices that can damage the order of life in society, such as the prohibition of drinking and adultery, which according to the view of all scholars are (mani'ah jami). 'ah) thorough and universal.Keywords: Nasakh theory; Riba; Bank interest; Makkiyah; Madaniyah.

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