cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Sofian Al Hakim
Contact Email
magister.hes@uinsgd.ac.id
Phone
+628122413692
Journal Mail Official
magister.hes@uinsgd.ac.id
Editorial Address
R21 1st Floor Postgraduate Building UIN Sunan Gunung Djati Bandung Jl Cimencrang Kec Gedebage Kota Bandung Jawa Barat 40292 Indonesia
Location
Kota bandung,
Jawa barat
INDONESIA
Mabahits Al-Uqud
Published by Universitas Islam Negeri Sunan Gunung Djati Bandung
ISSN : 30902371     EISSN : 30892112     DOI : https://doi.org/10.15575/mau.v2i2.2246
Core Subject :
Mabahits Al Uqud is a peer reviewed journal published by Postgraduate of Universitas Islam Negeri Sunan Gunung Djati Bandung Indonesia and managed by its Master Program in Sharia and Economic Law It is a distinguished scholarly journal committed to advancing the discourse on contract law and legal principles within Islamic jurisprudence Specializing in the comprehensive exploration of diverse contract forms uqud under Islamic law the journal delves into both commercial tijari and non commercial tabarruat agreements Mabahits Al Uqud serves as a vital platform for researchers and academics to contribute to the evolving understanding and application of contract law in contemporary contexts
Arjuna Subject : -
Articles 20 Documents
 1   2 
Materials, Use, Buying, and Selling Eyelash Extensions from Sharia Economic Law Perspective Seli Selviani; Hasan Bisri; Heris Suhendar
Mabahits Al-Uqud Vol 1 No 1 (2024): June
Publisher : Postgraduate of Univeritas Islam Negeri Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/mau.v1i1.939

Abstract

Eyelash extensions are false eyelashes that are widely used by women today. Eyelash extensions are sold freely without having halal certification and permission from BPOM. According to Fiqh al-bai, this study aimed to discover the halalness of eyelash extension products and the law of buying and selling eyelash extensions. This research uses a descriptive-analytical method. Based on research results, the material for making eyelash extensions is usually made from human hair and keratin. In addition, using eyelash extensions can cause ablution and make obligatory bathing invalid because water cannot be used directly to touch the skin. The law of buying and selling eyelash extensions, according to Fiqh al-Ba'i, is not permissible because it does not meet the requirements for the object of sale and purchase. Namely, the goods being traded are neither halal nor holy
Norms and Applications of the Combination of Contracts and Promises (Wa’ad) in Musyarakah Mutanaqisah Contracts Azmi Nur Naila Najah; Muhammad Fauzan Januri
Mabahits Al-Uqud Vol 1 No 1 (2024): June
Publisher : Postgraduate of Univeritas Islam Negeri Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/mau.v1i1.941

Abstract

This paper examines the norms and application of the combination of contracts (uqd) and promises (wa’ad) in Musyarakah Mutanaqisah contracts. The study uses a qualitative method, with a deductive-normative approach to assess the legal standing of these concepts within Musyarakah Mutanaqisah. The research focuses on current conditions and uses secondary data such as books and legal regulations. Uqd refers to contracts involving mutual agreement through ijab and qabul, whereas wa’ad is a promise from one party to perform an act in the future. In Musyarakah Mutanaqisah agreements, these two concepts are applied together to facilitate the gradual transfer of asset ownership. The study finds that while wa’ad is not legally binding, it plays a significant role in ensuring adherence to Shariah principles while meeting business needs. The paper highlights the importance of understanding these concepts in the context of Islamic financial contracts.
Legal Review of Tabarru’ Contract in the Refund of Premi in Islamic Insurance Linda Pratiwi; Uruban Atroba Mubarok
Mabahits Al-Uqud Vol 1 No 1 (2024): June
Publisher : Postgraduate of Univeritas Islam Negeri Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/mau.v1i1.943

Abstract

This paper explores the legal framework surrounding the refund of tabarru’ funds in Islamic insurance. Tabarru' represents a donation in which participants contribute to a collective fund for mutual assistance. However, the refund of these funds, particularly when participants discontinue their policies, raises questions about its legal permissibility. Using a qualitative juridical-empirical approach, this study reviews Islamic jurisprudence, Indonesian law, and fatwas issued by the National Sharia Council (DSN-MUI). The study finds that while tabarru' is fundamentally a donation, refunds are permissible under specific conditions, particularly when underwriting surpluses are involved. The findings contribute to the ongoing discourse on aligning Islamic insurance practices with Shariah principles while meeting contemporary needs.
Hybrid Contract Analysis on Hajj and Umrah Advance Fund Financing at Tamzis Bina Utama Bandung Atika Marwah Nasution; Koko Komaruddin; Muhamad Fakhrudin
Mabahits Al-Uqud Vol 1 No 1 (2024): June
Publisher : Postgraduate of Univeritas Islam Negeri Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/mau.v1i1.945

Abstract

Hajj and Umrah advance financing is a product created by Islamic financial institutions. Scholars have different opinions regarding the permissibility of using hajj advance financing. That is due to the following: First, regarding the legal validity of hajj and umrah using advance funds, and second, hajj and umrah advance financing uses multiple agreements, namely qardh and ijarah. Third, the impact of hajj advance financing is that the hajj and Umrah waiting lists are increasing. However, many Muslims in Indonesia are interested in this product. Therefore, it is important to implement Sharia principles in the Hajj and Umrah Advance Financing Product so that its implementation does not conflict with Sharia. This study uses an empirical legal approach with a case study method. Data sources consist of primary data obtained through observation and interviews and secondary data sources obtained from documentation and literature studies. The results of this study show that: First, the provisions for hajj and Umrah advance financing may only be given to customers categorized as capable. Second, multiple contracts are carried out separately, and third, the implementation of sharia principles is carried out by referring to MUI Fatwa Number 004/MUNASX/MUI/XI/2020, DSN-MUI Fatwa Number 09 of 2002, and PMA Number 24 of 2016.
Transforming Conventional Banking Contracts to Sharia-Compliant Systems in Aceh: Legal and Operational Challenges Anna Sayyida Sya'bani
Mabahits Al-Uqud Vol 1 No 1 (2024): June
Publisher : Postgraduate of Univeritas Islam Negeri Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/mau.v1i1.961

Abstract

This study examines the transformation of conventional banking contracts into Sharia-compliant agreements following Qanun Aceh No. 11 of 2018. Aceh's financial institutions are required to transition to Islamic financial systems, employing Sharia-based mechanisms such as subrogation, qardh, and hiwalah to restructure contracts. Through document analysis and case studies, this research identifies both operational adjustments and legal challenges in implementing these changes. Results show that while existing methods facilitate the conversion process, further refinement is necessary to meet Sharia principles fully. This highlights the need for enhanced frameworks to support sustainable Islamic banking in Aceh.
Prohibited Contracts and Sharia Economic Law Review of Counterfeit Goods Practices on E-Commerce Platforms Helmi Fitriansyah; Siti Aisyah
Mabahits Al-Uqud Vol 1 No 2 (2024): December
Publisher : Postgraduate of Univeritas Islam Negeri Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/mau.v1i2.1004

Abstract

The proliferation of counterfeit goods on e-commerce platforms presents a significant challenge to the enforcement of Sharia economic law in the digital age. Such practices infringe upon intellectual property rights and contravene core Islamic principles of justice (‘adl) and honesty (sidq). This study critically examines violations of Sharia principles inherent in the sale of counterfeit goods, with a focus on prohibited contractual practices such as tadlis (fraudulent misrepresentation) and gharar (excessive uncertainty), while proposing actionable solutions to cultivate a Sharia-compliant digital commerce ecosystem. Employing a literature review methodology, this research analyzes secondary data derived from regulatory frameworks, scholarly works, and case studies. Findings reveal that the sale of counterfeit goods breaches fundamental requirements for valid contracts under Sharia law, undermines consumer and producer rights, and erodes societal ethical standards. Key challenges include inadequate regulatory oversight of digital transactions, limited consumer awareness, and the absence of Sharia principles in e-commerce governance frameworks. To address these issues, the study advocates for multistakeholder collaboration among governments, e-commerce platforms, and civil society. Recommendations include the integration of Sharia-compliant regulations into digital trade policies, leveraging artificial intelligence for proactive detection of illicit products, and targeted consumer education campaigns to highlight the ethical and legal ramifications of counterfeit trade. The implications of this research extend to fostering a transparent, equitable, and Sharia-aligned digital marketplace, thereby advancing the sustainability of Islamic commerce in the digital era and reinforcing ethical consumption practices in alignment with Islamic jurisprudence.
Ensuring Compliance with the Principle of Tafriq al-halal ‘an al-haram in Sharia Syndicated Financing: A Sharia Economic Law Perspective Desi Siti Habibah Arifin; Siti Afifah; Muhammad Asep Saiful Millah
Mabahits Al-Uqud Vol 1 No 2 (2024): December
Publisher : Postgraduate of Univeritas Islam Negeri Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/mau.v1i2.1221

Abstract

The research investigates the implementation of the principle of tafriq al-halal ‘an al-haram in Islamic syndicated financing within the framework of Islamic economic law. Employing a normative juridical method and a conceptual approach, the research examines the foundational legal and ethical considerations that guide contract selection, risk-sharing, and compliance in multi-institutional syndication schemes. The research identifies key challenges, including divergent interpretations of Sharia among syndicate members, difficulties in structuring legally valid yet Sharia-compliant documentation, and the absence of interest-based penalties in cases of default. To address these issues, the research proposes several practical solutions, such as the use of standardized Sharia governance frameworks, the role of lead arrangers in harmonizing compliance, and the integration of transparent risk-sharing mechanisms based on musyarakah or mudharabah contracts. The consistent implementation of the tafriq al-halal ‘an al-haram principle is found to be instrumental not only in ensuring Sharia compliance in complex financial structures but also in enhancing public trust and fostering the sustainable development of the Islamic financial industry.
Legal Consequences of Defective Murabahah bil Wakalah Contracts: A Study on Financing Proceeds Rindiani Agustin; Raisya Fauziah; Rafli Wahyudi; Jaenudin; Nasywa Nathani Salsabila
Mabahits Al-Uqud Vol 1 No 2 (2024): December
Publisher : Postgraduate of Univeritas Islam Negeri Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/mau.v1i2.1222

Abstract

Defective contracts in Murabahah bil Wakalah transactions pose significant challenges for Islamic financial institutions, particularly in the management of funds arising from these defects in accordance with Sharia principles. This study aims to investigate whether all funds associated with defective contracts are classified as non-halal or if only the profit margins fall into this category. Additionally, the research seeks to develop strategies for managing these funds in compliance with Sharia provisions. Employing a normative juridical methodology with a qualitative approach, this study focuses on the analysis of regulations and fatwas issued by the National Sharia Council (DSN-MUI). The findings indicate that profit margins derived from defective contracts are classified as non-halal funds and should be allocated for social activities in alignment with Sharia guidelines. Conversely, the allocation of principal funds must be tailored to the specific nature of the transaction. Furthermore, transparent and accountable fund management, bolstered by regular audits, is essential to ensure adherence to Sharia principles while preserving the integrity and public trust in Islamic financial institutions.
Product Innovation Rahn Tasjily Based on Sharia Agrowisata (Rahn Agrowisata) Arman Rajiman; Nazlida Muhammad; Irvan Iswandi
Mabahits Al-Uqud Vol 1 No 2 (2024): December
Publisher : Postgraduate of Univeritas Islam Negeri Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/mau.v1i2.1227

Abstract

Rahn Tasjily is an innovative Islamic financing solution that provides financial solutions based on fixed asset collateral, such as land certificates, where the collateral remains in the possession of the rahin (borrower) and can be utilized by them. This product is highly relevant in supporting the development of the Islamic agro-tourism sector, which integrates environmental sustainability values and promotes community-based economic empowerment. Through the Rahn Tasjily mechanism, rural communities can access financing to develop halal agritourism businesses, such as Sharia-compliant homestays, halal restaurants, organic farm tours, and educational gardens, without compromising control over their assets. This study aims to analyze the implementation of Rahn Tasjily at PT Pegadaian Syariah, the challenges encountered, and its potential to support maqashid sharia. Using a normative research method, the analysis reveals that Rahn Tasjily is not only relevant to enhancing Islamic financial inclusion but also to sustainably promoting rural economic empowerment. However, its successful implementation requires the support of more specific regulations, public education, and the development of rural infrastructure.
Musyarakah Mutanaqisah as a Financing Solution for Working Capital and Productive Property in Islamic Financial Institutions in Indonesia Putri Tri Cahyani; Rizaludin; Yadi Janwari
Mabahits Al-Uqud Vol 1 No 2 (2024): December
Publisher : Postgraduate of Univeritas Islam Negeri Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/mau.v1i2.1238

Abstract

This study examines the implementation of Musyarakah Mutanaqisah (MMQ) as a financing instrument for working capital and productive property in Islamic Financial Institutions (IFIs). Unlike conventional financing, MMQ offers a dynamic ownership transition mechanism that allows customers to gradually acquire full ownership of financed assets while sharing profits and risks with the bank. The research employs a qualitative approach through an analytical review of scholarly literature and publications from IFIs, focusing on the operational structure, benefits, and challenges of MMQ. The findings highlight that MMQ provides greater flexibility compared to other Sharia-compliant contracts such as Murabahah and Ijarah Muntahiyah Bi Tamlik, as it enables customers to secure assets while mitigating financial burdens through staged payments. MMQ proves to be a viable solution for business actors and property investors, offering an equitable risk-sharing model and a structured path toward ownership. The study also underscores the importance of financial literacy and strategic marketing in enhancing MMQ adoption, emphasizing the role of digital platforms and personalized consultation in promoting its benefits. The results suggest that optimizing MMQ for productive financing can strengthen the Islamic banking sector and expand financial inclusion for businesses. Further empirical research is needed to measure MMQ’s long-term impact on business sustainability and financial stability.

Page 1 of 2 | Total Record : 20

 1   2 

Filter by Year

2024 2025


Reset
Filter By Issues
All Issue Vol 2 No 2 (2025): December Vol 2 No 1 (2025): June Vol 1 No 2 (2024): December Vol 1 No 1 (2024): June