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Et-Tijarie: Jurnal Hukum dan Bisnis Syariah
Published by Universitas Trunojoyo Madura
ISSN : 24422932     EISSN : 25496794     DOI : -
Core Subject : Economy, Education, Social,
Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences Other
Et-Tijarie merupakan salah satu jurnal ilmiah yang diterbitkan oleh Program Studi Hukum Bisnis Syariah, Fakultas Keislaman, Universitas Trunojoyo Madura. Jurnal ini terbit dua kali dalam setahun, yaitu; bulan Januari-Juni dan bulan Juli-Desember. Terdaftar dengan Nomor ISSN: 2442-2932 dan E-ISSN: 2549-6794.
Arjuna Subject : -
Articles 65 Documents
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Analysis Of Rent-Based Capital Loan Contracts From a Sharia Law Perspective Maimuna, Siti; Sabrina, Nor Alfaini; Mafula, Wildaniyah
Et-Tijarie Vol 7, No 2: Desember 2022
Publisher : Universitas Trunojoyo Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ete.v7i2.20605

Abstract

The purpose of this study is to review and evaluate the implementation of capital loan contracts in Islamic microfinance practices. This study contributes theoretically and practically to the development of sharia law, especially the implementation of capital loan contracts in sharia microfinance. The research method used is qualitative research with a field research approach. The object of this research is a sharia capital loan contract in the program to build a prosperous family economy in PNM Mekar. Primary data were obtained through interviews and analyzed comprehensively with qualitative sharia contracts. The study results found that the practice of capital loans differed from Islamic Law because there were indications of prohibited interest practices and the practice of gharar in the operational procedures of capital loans.
Review of Islamic Law on the “Gandeng” System at Arisan with Arisan Menurun Model Via Online Wahyudi, Muhamad; Rachmawati, Novia; El Muna, Naily
Et-Tijarie Vol 9, No 1: Juni 2024
Publisher : Universitas Trunojoyo Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ete.v9i1.16466

Abstract

Arisan menurun “gandeng” system is an arisan where members of the voters of the initial sequence number are required to cooperate with the lower or last sequence number. This study discusses the review of Islamic law on the application of the joint system in social gatherings with a declining model via online.This type of research uses qualitative research that is descriptive in nature analysis; by using the field research method, the researcher is directly involved with the arisan admin and its participants. The research approach uses sociological juridical methods. The data sources used are primary and secondary data sources, while the data collection uses interview, documentation, and observation methods.The results of this study conclude that the implementation of the joint system in arisan with a menurun model via online on the @arisan. sukses.squad Instagram account, based on Islamic law, the pillars of qarḍ are valid but do not meet the requirements of qarḍ because the implementation of qarḍ in arisan decreases this joint system there is a taking of benefits, namely profits obtained from overpayment of arisan. This is not in accordance with Islamic Law, which is included in the element of ribā qarḍ, while the cost of fines is ribā jāhiliyah. The addition can be said to be ribā, and ribā is forbidden in Islamic law. The results of this study illustrate the implication that the implementation of this online arisn is permissible if the principle is carried out in a helping manner (ta'awun) as stated by Allah SWT in Surah Al-Maidah (5) verse 2.
Paradigm Shift in Digital Economic Law: Revitalizing Islamic Economic Law - Challenges and Opportunities Nasri, Ulyan; Adiba, Elfira Maya
Et-Tijarie Vol 8, No 2: Desember 2023
Publisher : Universitas Trunojoyo Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ete.v8i1.22575

Abstract

The development of digital technology has significantly transformed the global economic landscape. In this context, the paradigm of economic law has also undergone profound changes. This literature review investigates the paradigm shift in digital economic law, with a specific focus on revitalizing Islamic economic law in this era. The main objective of this research is to identify the challenges and opportunities presented by these changes and to explore how Islamic economic law can be applied in the increasingly complex digital economic context.The research methodology employed is a literature review using a descriptive-analytical approach. Data are obtained through the analysis of scholarly literature, journal articles, books, and other relevant sources discussing digital economic law and Islamic economic law. The data analysis involves a deep understanding of the paradigm shift in digital economic law and the challenges that arise, such as regulation, consumer protection, and transaction security. On the other hand, the research also explores the potential of Islamic economic law in providing a framework that aligns with the principles of Islamic economics within the digital economic ecosystem.The results of this research indicate that despite significant challenges in adapting Islamic economic law to the digital economy, there are substantial opportunities to promote ethical principles and economic justice. In this increasingly interconnected digital era, Islamic economic law can play a crucial role in shaping a more inclusive, sustainable economy aligned with ethical values. The implications of this research include the importance of developing regulatory frameworks that align with the digital economy while considering the values of Islamic economic law. It also underscores the need for greater awareness and understanding of the potential and contributions of Islamic economic law in the evolving digital economic context.
Analysis of Law No. 39 of 2007 Concerning Amendments to The Law on Excise to Protect Lives (Hifdzunnafs) on The Discourse on The Imposition of Customs Duties on Sweetened Packaged Beverage Products Susanto, Heru
Et-Tijarie Vol 8, No 2: Desember 2023
Publisher : Universitas Trunojoyo Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ete.v8i2.20619

Abstract

The purpose of this study is to analyze the discourse on the imposition of customs duties on sweetened packaged beverage products in the perspective of hifdz annafs.The research method uses qualitative research with a literature review approach. The literature review was analyzed descriptively.The results of the study show that increasing the customs tax on sugary drinks from Al-Nafs (protecting the soul), is a benefit because consuming sweetened packaged drinks can cause harm in the soul in the long term. Thus, the imposition of customs duties on sweetened packaged drinks is included in the category of ḥifẓ an-nafs (nourishing the soul).
Akad Self-Service-Laundry in The Perspective of Fiqh Muamalah Jakfar, Moham; Kumala DS, Agustina
Et-Tijarie Vol 8, No 2: Desember 2023
Publisher : Universitas Trunojoyo Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ete.v8i2.26432

Abstract

Self-service laundry service is an innovation in the laundry business that is different from conventional laundry services. On the other hand, Fiqih Muamalah emphasizes that every contract/transaction must meet the provisions and run in accordance with the principles of Islamic law to realize benefits and justice.The type of research used is field research, which is qualitative descriptive, namely research by collecting data in accordance with the actual data and then the data is compiled, processed, and analyzed to provide an overview of the existing problem Primary data was obtained through observation and interviews with self-service laundry owners in Madura. Meanwhile, secondary data comes from references to books, journals, research results, and other materials related to the problem being researched.The results of this research are that the practice that applies to self-service laundry is the practice of ijarah 'ala al-manfa'ah contract. The practice began with an agreement between the customer/consumer (musta'jir) and the laundry self-service party (mu'jir) regarding the rental of laundry facilities and equipment. Customers then exchange their banknotes for laundry coins that are used for washing and drying. As for the practice, the self-service laundry contract has fulfilled the provisions of the ijarah contract perfectly. However, in practice, it is necessary to clarify the provisions of rights and responsibilities if something happens that has not been agreed upon in the contract, such as if there is damage to laundry equipment when used by consumers.
The Suitability of the Concept of Muzara’ah in the Practice of Dhu'um Labengan Tobacco Plants in the Perspective of Islamic Law Maulida, Okty Nur; Busro Karim, Busro
Et-Tijarie Vol 9, No 1: Juni 2024
Publisher : Universitas Trunojoyo Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ete.v9i1.15672

Abstract

The main problem faced by the community in East Duko village is related to the work of land for tobacco plants. The purpose of this study is to analyze the practice of dhu'um labengan tobacco plants based on the concept of muzara’ah from the perspective of Islamic law. This research is a type of qualitative research, field research that is descriptive analysis, the object of this research is the practice of agricultural cooperation in the village of Duko Timur, Larangan, Pamekasan. The data collection methods used are interview and documentation methods. From the results of the study, it was found that there was a practice of dhu'um labengan tobacco plants. The results of this study can be concluded that most people in East Duko Village carry out this practice in accordance and can be said to be legal, because they have met the principles and valid requirements of the muzara'ah contract and have become a custom in East Duko Village. The results of this study give implications that the practice of dhu'um can be applied to the community in East Duko village in accordance with the agreements and customs contained in the community. The recommendation that can be given from this study is that the practice of dhu'um can be carried out in any village in accordance with the rules that apply in the community.
Review of the Fatwa of the National Sharia Council (DSN-MUI) on Financing the Hajj Management of Sharia Financial Institutions at BMT NU Umaroh, Ely; fajar, fajar
Et-Tijarie Vol 9, No 1: Juni 2024
Publisher : Universitas Trunojoyo Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ete.v9i1.26397

Abstract

The hajj bailout in Indonesia raises pros and cons because every product must have a positive and negative impact. This study aims to reveal how the mechanism for the hajj bailout fund is implemented in BMT NU.The research method used is qualitative research, the type of field research (field research) is descriptive analysis, and the subjects include employees of BMT NU Ngasem – East Java. Data collection techniques through observation and interviews. The data analysis method is carried out inductively, namely analyzing data whose process is direct from fact to theory which makes the author go into the field to study, analyze, and draw conclusions then that is the result of the research.The results of the study show that the hajj bailout products have met sharia principles. The implementation of the hajj bailout uses two contracts, qard and ijarah. The qard contract is used as an agreement in providing hajj bailout funds to customers, and the ijarah contract is used when BMT NU takes care of hajj registration online through the Integrated Hajj Computerization System (Siskohat). 
Implementation of the Law. No. 23 of 2011 Concerning Zakat Management in the Empowered Program Through Z-Mart El Muna, Naily; Zunaidi, Arif; Maupe, Masnur Daeng
Et-Tijarie Vol 8, No 2: Desember 2023
Publisher : Universitas Trunojoyo Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ete.v8i2.20989

Abstract

The main problem in this study is that the use of productive zakat as a productive use of zakat is not optimal and the method of delivering zakat funds to mustahik to produce something continuously, with the zakat assets that he has received. Of several productive zakat utilization programs, one of them is Z-Mart. The Z-Mart program is an economic empowerment program in the form of the development of stalls/shops owned by mustahik. The purpose of this study is to find out the implementation of the Law. No. 23 of 2011 concerning Zakat Management in the Empowered Jombang Program Through Z-Mart contained in BAZNAS.The research method used is field research, with an empirical normative approach. Data collection by observation, interview, and documentation techniques. Data analysis is inductive by analyzing based on the data obtained and then developing certain relationship patterns.The result of this research is the utilization of productive zakat in the Z-Mart program with the implementation of Law. No. 23 of 2011 concerning Zakat Management in BAZNAS Jombang Regency is sufficient in implementing the articles contained in the Law related to collection, distribution, utilization, and reporting. The results of this study give implications that the birth of Law No. 23 of 2011 concerning Zakat Management strengthens the position of BAZNAS Jombang Regency can provide benefits in the management of productive zakat management that is more professional.
Solution of Breach of Contract Litigation in Overmavcht on Mudharabah Contracts in BMT Khoiriyah, Fitrotul; Ashlihah, Ashlihah; Hermawan, Rudi
Et-Tijarie Vol 8, No 2: Desember 2023
Publisher : Universitas Trunojoyo Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ete.v8i2.14909

Abstract

The purpose of this study is to analyze the settlement of wanprestasi disputes due to the overmacht factor in the Mudharabah contract.The type of research used is qualitative research that uses field observation methods. The object of this research is BMT Al-Hikmah Semesta, Jepara, Indonesia. Meanwhile, the subject of this study is the settlement of wanprestasi disputes. Data collection was carried out through observation, interview, and documentation techniques. In this study, the researcher selected informants as data sources, collected data, researched data quality, interpreted the data and made conclusions on his findings.The results of this study found that the settlement of disputes against customer members who committed wanprestasis by means of peace/family.
Ngowan Sapeh's Practice of Cooperation in The Perspective of Islamic Law Pujiati, Tri; istiqomah, iis
Et-Tijarie Vol 8, No 1: Juni 2023
Publisher : Universitas Trunojoyo Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ete.v8i1.20272

Abstract

This study aims to find out how the concept of cooperation in the Sumenep area, Madura and the practice of cooperation are analyzed with Islamic law.This study uses qualitative research, and this type of research uses analysis with a sociological normative approach. Where the approach used in this study is to use secondary data and primary data from books, interviews and other materials. This normative approach is about the implementation of normative legal provisions in its actions to every specific event that occurs in a society. The approach used in this writing is the sociological normative method where this normative approach examines the practice of ngowan sapeh cooperation in the perspective of Islamic law. This data analysis technique also uses data collection methods, namely by conducting observations, interviews and also recommendations in the practice of ngowan sapeh cooperation in the perspective of Islamic law. The results of this study found that the practice of ngowan sapeh cooperation in the perspective of Islamic law is a form of cooperation that occurs in the community in Aeng Tong-tong Village, in general, the Aeng Tong-tong community is more cooperative in raising cows (ngowan sapeh) because raising cows has become a common phenomenon in the community in satisfying their own lives and their families.

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