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INDONESIA
Al-Mustashfa
Published by Universitas Islam Negeri Siber Syekh Nurjati Cirebon
ISSN : -     EISSN : -     DOI : -
Core Subject : Economy, Social,
Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice
Arjuna Subject : -
Articles 227 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 : IAIN 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
SEHATI: PELUANG DAN TANTANGAN PEMBERIAN SERTIFIKASI HALAL GRATIS BAGI PELAKU UMK DI INDONESIA Ahmad Havid Jakiyudin; Alfarid Fedro
Al-Mustashfa: Jurnal Penelitian Hukum Ekonomi Syariah Vol 7, No 2 (2022)
Publisher : IAIN Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/jm.v7i2.10666

Abstract

The government has ambitions to make Indonesia to be a center for halal producers by 2024. Sehati Program (free halal certification) was launched for all MSEs in Indonesia. However, relevant in-depth to find out whether this program can realize Indonesian dreams. The purpose of this research is to analyze the opportunities and challenges of the implementation of Sehati Program. A qualitative descriptive research method with a normative juridical type is used to answer the research results. Various laws and regulations related to the guarantee of halal products are collected and used as the main analysis material. The results of the study indicate that the one heart program is not intended for all MSEs in Indonesia. This program relies on the self-declared provisions as stipulated in PP No. 33 of 2021 concerning the Implementation of a Halal Product Guarantee and PMA No. 20 of 2021 concerning Halal Certification for Micro and Small Business Actors. The healthy program has the opportunity to make Indonesian products competitive advantages. The large amount of budget needed by the government and the emergence of doubts about the halalness of the product are challenges.Keyword: Sehati, Halal Product, MSEs
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 : IAIN 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
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 : IAIN 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.
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 : IAIN 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.
KETENTUAN HUKUM MEMPERJUALBELIKAN KOPI LUWAK Pani Akhiruddin Siregar; Wastka Ningrum; Suryani Suryani
Al-Mustashfa: Jurnal Penelitian Hukum Ekonomi Syariah Vol 8, No 1 (2023)
Publisher : IAIN Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/jm.v8i1.10907

Abstract

AbstractCivet coffee is safe to consume. Although the coffee beans come out in the process through the civet anus in the form of feces. Keep the coffee intact. Qualitative research methods with a normative legal approach. In fact, normative legal research to examine law is conceptualized as a rule that applies in society and is the basis for one's behavior, such as legal provisions for buying and selling civet coffee. Therefore, this research aims to examine the legal provisions for buying and selling civet coffee “permissible” based on: (1) Fatwa Decree of the MUI Fatwa Commission Number 07 of 2010 which concerning Fatwa on Civet Coffee; and (2) Fatwa MPU Aceh Number 07 of 2011 which concerning Fatwa on Civet Coffee Law. The results of the research that the legal provisions for buying and selling civet coffee based on: (1) Fatwa Decree of the MUI Fatwa Commission Number 07 of 2010 which concerning Fatwa on Civet Coffee; and (2) Fatwa MPU Aceh Number 07 of 2011 which concerning Fatwa on Civet Coffee Law.Keywords: Civet Coffee; Coffee Beans; Mutanajjis; Selling; Halal Civet Coffee.
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 : IAIN 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.
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 : IAIN 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 : IAIN 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
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 : IAIN 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.

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