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Jefik Zulfikar Hafizd
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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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ANALISIS HUKUM TERHADAP PENDISTRIBUSIAN ZAKAT OLEH BAZNAS KOTA PALU DALAM UPAYA PENGENTASAN KEMISKINAN Suhri Hanafi; Diana Mukti Wijiastuti; Muhammad Syarif Nurdin
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.v8i1.12885

Abstract

Abstract The phenomena of natural disasters such as tsunamis, liquefaction, earthquakes, and also Covid 19 have contributed to increasing poverty in Palu City. This phenomenon is in contrast to the function of the National Amil Zakat Agency (BAZNAS) as an institution or agency tasked with distributing zakat funds as an alternative to poverty alleviation. This study aims to analyze the distribution of zakat by BAZNAS Palu City to alleviate poverty from a legal perspective. The research method used is qualitative research. Based on the results of the research, the zakat distribution mechanism by BAZNAS Palu City is channeled through consumptive and productive assistance. The inhibiting factor for the distribution of zakat funds is influenced by the not-yet-optimal development of amil towards mustahik. From a legal perspective, the distribution of zakat funds by the Amil Zakat Agency (BAZNAS) in Palu City complies with the provisions of Law Number 23 of 2011.   Keywords: BAZNAS, Zakat Distribution, Law.
CERTIFICATION AND SUPERVISION OF SHARIA CONFORMITY NATIONAL SHARIA COUNCIL INDONESIAN ULAMA COUNCIL (DSN-MUI) ON SHARIA PROPERTY Mohammad Jamaludin
Al-Mustashfa: Jurnal Penelitian Hukum Ekonomi Syariah Vol. 8 No. 2 (2023)
Publisher : UIN Siber Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/jm.v8i2.13032

Abstract

AbstractThe usage of shariah labels in business activity, especially the property business, causes problems in some cities. This research was carried out to study the arrangement of certification law and the monitoring of shariah compliance in shariah property and the effort of DSN-MUI, The Representative of East Java Province, in certifying and monitoring shariah compliance in shariah property with a juridical empirical approach. The results of this research showed that the arrangement of certification law and monitoring of Shariah compliance in Shariah property is regulated in The Law of Limited Liability Company, The Law of Shariah Banking, and The Law of DSN-MUI Regulation. The effort done by DSN-MUI, The Representative of East Java Province, in certifying and monitoring the Shariah compliance in Shariah property was by explaining the principles of Shariah property normatively, recommending the discussion of Shariah property in The Leader Meeting of Central MUI, cooperating with BI, ADPS, and OJK to carry out training for The Prospective Shariah Supervisor, making education book and Jumat Preaching Book about Shariah Economy, and educating the community about DSN-MUI fatwa to improve the vigilance on fraud cases by using the Sharia label.  Keywords: Sharia Certification; Monitoring of Sharia Compliance; Sharia Property.
PENGARUH ZAKAT PRODUKTIF TERHADAP PEMBERDAYAAN USAHA MIKRO KECIL MENENGAH DAN KEBERLANJUTAN EKONOMI MUSTAHIQ DI BAZNAS KOTA CIREBON Jefik Zulfikar Hafizd; Ahmad Khoirudin; Ahmad Faridz Anwar
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.v8i1.13073

Abstract

AbstractZakat is a pillar of Islam that has a religious dimension as well as a social dimension. The utilization of zakat has an impact on increasing welfare. This study examines the effect of productive zakat on MSME empowerment and its influence on Mustahiq's Economic Sustainability at BAZNAS Cirebon City. This research uses mixed concurrent methods, namely combining qualitative and quantitative methods. The results of the study show that: 1) There is a positive and significant influence between productive zakat (X) on MSME empowerment (Y1) by BAZNAS Cirebon City with =3,6387 and =1,9997, it can be seen that >  means variable X has a positive and significant influence on variable Y1; and 2) There is a positive and significant influence between productive zakat (X) on the economic sustainability of mustahiq (Y2) BAZNAS Cirebon City with =15.375 and =1.9997, it can be seen that >  means that variable X has a positive influence on variable Y2. The results of the research prove that the hypothesis is accepted. The better the distribution of productive zakat, the better the quality of empowered MSMEs that support economic sustainability.Keywords: Productive zakat; MSME empowerment; Economic sustainability.
The concept of khiar rukyat according to Imam Abu Hanifah: An analysis of the concept, legal evidence, and implementation Enang Hidayat
Al-Mustashfa: Jurnal Penelitian Hukum Ekonomi Syariah Vol. 9 No. 1 (2024)
Publisher : UIN Siber Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/jm.v9i1.13112

Abstract

The validity of khiar rukyat (inspection option) according to Imam Abu Hanifah is considered absolute. However, the khiar rukyat he proposed is similar to bai al-gharar. The purpose of this research is to understand khiar rukyat according to Imam Abu Hanifah, the legal evidence, and its implementation in contemporary commercial contracts. This research falls under the category of normative Islamic legal research within the realm of doctrine (thought) using a conceptual approach. The data collection technique involves document analysis. The analysis utilizes prescriptive analysis of primary sources from the Hanafi school of thought, such as "Al-Mabsut" by al-Sarkhasi, "Tuhfat al-Fuqaha" by Alaudin al-Samarqandi, "Badai al-Sanai fi Tartib al-Sanai" by Alaudin al-Kasani, and others. This is supplemented by a review of previous research. The research findings indicate that the concept of khiar rukyat according to Imam Abu Hanifah is flexible because the connotation of rukyat is not only interpreted by observing the object of goods but also connotes that the object of goods can be touched and smelled. The evidence used by Imam Abu Hanifah regarding khiar rukyat includes hadith narrations from al-Baihaki from Makhul and from al-Daruqutni from Abu Hurairah. Additionally, there is a hadith narration from al-Baihaki from Abu Mulaikah concerning the right of khiar rukyat for the buyer only. Furthermore, the implementation of khiar rukyat in contemporary commercial contracts, such as online buying and selling, is difficult to execute due to customary practices (urf)Keywords: Khiar rukyat, Imam Abu Hanifah, Legal Evidence, Implementation.
ANALISIS KEPATUHAN MUSLIM INDONESIA DALAM PRAKTIK KEWARISAN ISLAM (Studi Relasi Ayat Waris dengan Hadits Punahnya Ilmu Kewarisan) Wasman Wasman; Afif Muamar
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.v8i1.13267

Abstract

AbstractThis study aims to find out the current implementation of Islamic inheritance law in Indonesia and how to provide an understanding of the division of inheritance in Indonesia. This study is classified as normative research using qualitative methods, which is classified as a type of literature review. The results of this study, namely first, the practice of dividing inheritance among Muslim communities in Indonesia has not been fully implemented. This happened due to the influence of two causal factors, including (1) European historical factors which divided its population into three groups, namely people and those who were equated with Europeans. Foreign Easterners (Chinese), and other Foreign Easterners and Indonesians who focus on European law. (2) Social Factors. Disobedience of some of the Indonesian Muslim community to study Islamic inheritance (faraidh). And second, there is a need for a movement to socialize the science of inheritance on an ongoing basis in terms of education, Islamic study organizations, and religious organizations. Keywords: Islamic Society; Inheritance Law; and The Era of Globalization
POSITION OF THE QUR’AN MEMORY AS A PRICE PAYMENT MEDIA IN BUY AND SELL Muhamad Izazi Nurjaman; Sofian Al-Hakim; Didah Durrotun Naafisah; Doli Witro
Al-Mustashfa: Jurnal Penelitian Hukum Ekonomi Syariah Vol. 8 No. 2 (2023)
Publisher : UIN Siber Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/jm.v8i2.13411

Abstract

AbstractThis research intends to describe a theme regarding the view of sharia economic law on the media of payment for buying and selling prices using the memorization of the Al-Qur’an. Using descriptive research (case study) through the method of collecting information in the form of interviews and documentation. This research found the fact that the view of sharia economic law equates or qiyas between the media of paying prices using the memorization of the Al-Qur’an with the dowry in the marriage contract. Giving a dowry is allowed to memorize the Al-Qur’an with the provision that it is mandatory to teach the Qur’an, as well as the practice of buying and selling. So that there is a wage in the form of benefits. Meanwhile, benefits include assets. So between the dowry and the price of both is something that has qimah madiyyah (property value). Indirectly, the buyer pays the price using the ujrah of the teaching. So that the harmony of buying and selling has been fulfilled properly and non-material benefits will lead to a business concept full of blessings.Keywords: Buy and Sell; Price; Wedding; Dowry; Memorizing Al-Quran.
COOPERATIVE MEMBER SAVINGS GUARANTEE AS A FORM OF LEGAL PROTECTION IN THE MAṢLAḤAH PERSPECTIVE Fadillah Mursid; Mohamad Anton Atoillah; Luqman Nurhisam
Al-Mustashfa: Jurnal Penelitian Hukum Ekonomi Syariah Vol. 8 No. 2 (2023)
Publisher : UIN Siber Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/jm.v8i2.14193

Abstract

AbstractThis research discusses the guarantee of cooperative member deposits. This research has a background that in recent times, there have been many cases of problematic cooperatives in Indonesia, with material losses of members reaching trillions. This research study examines how the guarantee of cooperative members' deposits is a form of legal protection from Maṣlaḥah 's perspective. The research method used is qualitative, normative research with analytical descriptive specifications; the legal materials used are primary legal materials (related legal rules) and secondary (various literature and research results. The results of this study indicate that currently, in Indonesia, no regulation provides explicitly a legal basis for the certainty of guaranteeing deposits of cooperative members. So, for the benefit of the government, laws related to deposit guarantees for cooperatives must be issued as a form of legal protection through the fulfilment of citizens' rights. One of the guarantee models that can be used is an explicit guarantee model with restrictions on the guarantee amount. Keywords: Savings Guarantee; Cooperative; Maṣlaḥah.
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
MODEL OF STRENGTHENING HUMAN CAPITAL IN CREATIVE ECONOMIC DEVELOPMENT THROUGH THE ROLE OF HIGHER EDUCATION Syaeful Bakhri; Layaman Layaman
Al-Mustashfa: Jurnal Penelitian Hukum Ekonomi Syariah Vol. 8 No. 2 (2023)
Publisher : UIN Siber Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/jm.v8i2.15044

Abstract

AbstractThe creative economy has become a strategic issue in the era of Industrial Revolution 4.0 to compete in the face of international competition. Universities are expected to be able to develop society in the economic, social, cultural, and technological fields. This research aims to build diverse scientific references on current developments. Apart from that, this research focuses on strengthening human resources in developing the creative economy through the role of universities. This research uses a strategy mix method, combining quantitative and qualitative techniques. The regression analysis results show that the curriculum content has a significance value of 0.002, and the calculated t-value is 3.184, meaning that the curriculum content significantly affects resources. The significance value of resources is 0.000, and the t value is 4.458, meaning that resources significantly affect the creative economy. The coefficient of determination value is 0.173, meaning that the regression line equation explains 17% of variations in curriculum and resources that can influence the development of the creative economy in Cirebon Regency.Keywords: Human Capital; Creative Economy; Higher Education.
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.

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