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Articles 227 Documents
The Digital Revolution of Islamic Entrepreneurship: A Study on Upholding the Principles of E-Commerce Legitimacy in Marketplaces Muhammad, Pauzi; Fitri, Yoesi Primadiya; Alak, A; Sasnifa, Pidayan
Al-Mustashfa: Jurnal Penelitian Hukum Ekonomi Syariah Vol 9, No 2 (2024)
Publisher : IAIN Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/jm.v9i2.18179

Abstract

The rapid digital transformation in entrepreneurship has significantly influenced Islamic economic practices, particularly e-commerce. However, there is a lack of research focusing on methods to enforce e-commerce legitimacy in Islamic entrepreneurship. This study employs a qualitative library research approach with descriptive-analytical, conceptual, and philosophical methodologies. Secondary data is drawn from classical and contemporary fiqh muamalah texts, academic research, and digital resources. The data is analyzed systematically and normatively to explore key principles and methods for enforcing e-commerce legitimacy. The findings reveal six core principles essential for ensuring legitimacy in e-commerce: (1) mutual benefits for all parties, (2) mutual consent in transactions, (3) transparency in product and service information, (4) justice in avoiding any form of oppression, (5) excellent customer service, and (6) ethical behavior in business activities. These principles ensure compliance with Sharia and foster trust and fairness in digital marketplaces. The study concludes that enforcing e-commerce legitimacy principles is critical for addressing challenges in digital transactions and aligning them with Islamic entrepreneurial ethics. This contributes to prosperity (falah) for both sellers and buyers in worldly and spiritual contexts. Future research should focus on developing practical frameworks for applying these principles across various e-commerce platforms to enhance sustainability and compliance in the Islamic digital economy.Keywords: Digital Transformation, Islamic Entrepreneurship, E-Commerce Legitimacy, Sharia Compliance, Marketplace Ethics
Mawah Practices in Aceh: Syariah Legitimacy Based on Fatwas and Islamic Jurisprudence Maksalmina, Maksalmina
Al-Mustashfa: Jurnal Penelitian Hukum Ekonomi Syariah Vol 9, No 2 (2024)
Publisher : IAIN Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/jm.v9i2.18816

Abstract

This study aims to identify mawah practices in Acehnese society and analyze their legitimacy based on the Ulama Consultative Council’s fatwas and Islamic jurisprudence. This research employs a field research design with a normative approach, focusing on four districts in Pidie Regency. Data were collected through observations and interviews with landowners and cultivators and analyzed using the Miles and Huberman model. The analysis is grounded in relevant Islamic jurisprudential principles, such as qiyas (muzara’ah to mudharabah) and the rule of al-ashlu fi al-muamalat al-ibahah hatta yadulla ad-dalilu ala khilafihi. The findings show that mawah umong (rice fields) is a collaborative contract between landowners (malik) and cultivators, where profit-sharing agreements are based on the harvest yield, the land’s condition, and its location. Mawah umong is categorized into five types: mawah pajoh asoe, mawah bulueng dua, mawah bulueng lhee, mawah bulueng peut, and mawah bulueng limeng. The study confirms that most mawah practices fulfill the requirements of Shariah contracts and align with Islamic jurisprudence. Academically, this research contributes by validating mawah practices as legitimate cooperative mechanisms rooted in traditional Acehnese customs while providing a framework for their evaluation based on Islamic principles.Keywords: Mawah Practices, Ulama Consultative Council’s Fatwa, Pidie Regency
Indonesia's Fiscal Policy in the Midst of Recession and Post-Pandemic Recovery Reviewed from an Islamic Fiscal Perspective Khairi, Fauzan Romadhian
Al-Mustashfa: Jurnal Penelitian Hukum Ekonomi Syariah Vol 9, No 2 (2024)
Publisher : IAIN Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/jm.v9i2.18880

Abstract

The economic recession and public welfare challenges during 2020-2024 required Indonesia to implement comprehensive fiscal strategies to stabilize the economy and support recovery. This study evaluates Indonesia’s fiscal policies from the perspective of Islamic fiscal principles. Using a qualitative-descriptive approach, the research examines Indonesia’s fiscal policies, focusing on state revenue, spending, and deficit management. These policies are compared with Islamic fiscal principles derived from classical Islamic governance and the thoughts of modern Muslim economists. Indonesia’s fiscal policies align with Islamic principles in key areas, such as countercyclical spending to support public welfare and economic recovery, including allocations for health, social protection, and MSME support. However, significant gaps exist in revenue generation and deficit financing. While Indonesia relied on taxation and interest-based loans, Islamic fiscal principles advocate redistributive tools like zakat and sharia-compliant financing mechanisms, such as Sukuk. The findings highlight Indonesia’s partial alignment with Islamic fiscal principles, particularly in prioritizing welfare spending. Yet, the absence of zakat and reliance on interest-bearing debt underscore the need for adopting Islamic fiscal instruments. Integrating such tools could enhance fiscal equity and sustainability while adhering to maqasid al-shari’ah principles. Indonesia’s fiscal policies during the economic recession and recovery reflect efforts to address economic challenges and prioritize public welfare. However, adopting Islamic fiscal instruments like zakat and sukuk could strengthen alignment with Islamic principles, fostering more equitable and sustainable economic resilience.Keywords: Fiscal policy, economic recession, economic recovery, Islamic fiscal principles, Indonesia.
Analysis of Halal Assurance System Implementation and Maslahah on Processed Products in Gus Dur Cemetery Hikmah, Salma Utiya; Hisyam, Muhamad Ali; Zainuddin, Zainuddin
Al-Mustashfa: Jurnal Penelitian Hukum Ekonomi Syariah Vol 9, No 2 (2024)
Publisher : IAIN Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/jm.v9i2.17611

Abstract

The obligation for Muslims to consume halal food is mandated in Surah Al-Baqarah verse 168. To ensure halal products, the Indonesian government enacted Law Number 33 of 2014 concerning the Halal Product Assurance System (SJPH). In the Gus Dur Cemetery Area, a popular pilgrimage site, the availability of halal-certified processed products is limited, raising questions about compliance with SJPH principles and their alignment with maslahah al-ammah (public benefit). This qualitative study uses an empirical approach to evaluate SJPH practices and their alignment with maslahah al-ammah. Data were collected through interviews, observations, and documentation, supported by secondary sources. Analysis followed Miles and Huberman's interactive model. The findings reveal that most processed product traders in the Gus Dur Cemetery Area have not implemented SJPH. Only two out of 53 outlets, Segere Dawet and Fruit Thai, have adopted halal certification, with others misusing halal logos without proper certification. Consequently, the maslahah al-ammah of halal food consumption is not achieved due to the incomplete implementation of halal assurance. While halal food consumption is essential for maslahah, incomplete SJPH implementation impedes its realization. Limited trader awareness and inadequate regulatory enforcement are significant challenges. The halal assurance system in the Gus Dur Cemetery Area remains insufficient, falling short of achieving maslahah al-ammah due to systemic and compliance issues.Keywords: Halal Assurance System, Maslahah, Gus Dur Cemetery, Processed Products
The Impact of Attractions, Amenity, and Accessibility on the Destination Image of Keraton Kanoman from the Perspective of Maqashid al-Syariah Fatmasari, Dewi; Haryati, Yati
Al-Mustashfa: Jurnal Penelitian Hukum Ekonomi Syariah Vol 9, No 2 (2024)
Publisher : IAIN Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/jm.v9i2.18841

Abstract

This study examines the impact of attractions, amenities, and accessibility, both partially and simultaneously, on the destination image of Keraton Kanoman Cirebon from the perspective of Maqashid Al-Syariah. A mixed-method approach was employed, utilizing questionnaires and multiple linear regression analysis. The population included tourists, market traders, tourism actors, local government representatives, and related agencies. The findings reveal that attractions and accessibility significantly impact the destination image, while amenities do not significantly affect it. Simultaneously, the three variables collectively contribute to shaping the destination image of Keraton Kanoman. Moreover, the management strategies implemented to enhance the destination image include organizing cultural and religious events such as the Nusantara Palace Festival, Panjang Jimat rituals, and celebrations of religious holidays. These efforts align with Maqashid Al-Syariah principles by promoting religious protection (hifz dien), intellectual enrichment (hifz aql), and economic empowerment (hifz al-maal). The study highlights the need for improved accessibility and the development of supporting amenities to further bolster the image of Keraton Kanoman as a heritage tourism destination.Keywords: Attractions, Accessibility, Destination Image, Maqashid Al-Syariah, Heritage Tourism.
The Implementation of al-Ijarah al-Mausufah fi al-Zimmah in Umrah Travel Almurni, Muhammad Furqon; Mukhlas, Oyo Sunaryo; Hakim, Atang Abd
Al-Mustashfa: Jurnal Penelitian Hukum Ekonomi Syariah Vol 9, No 2 (2024)
Publisher : IAIN Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/jm.v9i2.17534

Abstract

The purpose of this research is to understand the application of al-ijārah al-maṣūfah fi al-żimmah (IMFZ) in Umrah travel. This research is particularly interesting due to the gap between the expectations of Umrah travel service users and the actual services provided by travel agencies. It is hoped that the standards proposed by the researcher will become the benchmark and monitoring mechanism for the Ministry of Religious Affairs in granting permits for Umrah travel agencies, thereby preventing fraud. The research method employed is descriptive analytical, which involves describing the contract law of IMFZ, analyzing the fiqh adaptation (takyīf fiqh), and outlining the standards for IMFZ implementation in Umrah travel based on relevant research sources such as journals, books, and news. The results indicate that the application of IMFZ in Umrah travel must meet several standards. These standards include provisions related to services, payment conditions, as well as down payments and guarantees. All the aforementioned provisions refer to the DSN MUI Fatwa No. 101 concerning the IMFZ agreement.Keywords: al-ijārah al- mauṣūfah fi al-żimmah, takyiīf al-fiqh and Umrah travel
Relevance of Inflation Control According to M. A. Mannan With Law No. 3 Of 2004 Andatu, Mabruri; Arifin, Tajul
Al-Mustashfa: Jurnal Penelitian Hukum Ekonomi Syariah Vol 9, No 2 (2024)
Publisher : IAIN Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/jm.v9i2.18832

Abstract

This research is motivated by the frequent inflation challenges faced by Indonesia, attributed to the limited integration of sharia principles in maintaining economic stability. The study aims to analyze the compatibility of M. A. Mannan's inflation control mechanisms with the provisions of Law No. 3 of 2004 on Bank Indonesia, particularly Article 10 Paragraph 1. Mannan's concept offers a mechanistic approach to understanding the factors affecting inflation and effective control methods. This study examines the alignment between Mannan's principles and existing legal frameworks, including the role of Bank Indonesia in ensuring price stability. The findings reveal that, despite theoretical and practical differences, Mannan's proposed mechanism complements the strategies outlined in the law, providing valuable insights for effective monetary policymaking. This research adopts a normative juridical approach and descriptive analysis method, with data collected and analyzed using qualitative techniques. The results indicate notable differences and similarities between Indonesia's inflation control and Mannan's monetary policy concept. The findings underscore the importance of integrating Mannan's approach into Indonesian monetary policies to enhance inflation control and national economic stability.Keywords: Inflation Policy, Islamic Economy, M.A.Mannan, Bank Indonesia, Price Stability
The Practice of Money Arisan with an Auction-Based Drawing System in Nagori Perlanaan: A Study in Islamic Economic Law Siregar, Pani Akhiruddin; Ningtias, Agus; Bancin, Kadri
Al-Mustashfa: Jurnal Penelitian Hukum Ekonomi Syariah Vol 9, No 2 (2024)
Publisher : IAIN 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
Analysis of Fraud in Transactions on Shopee: A Fiqh Muamalah Perspective Using the Fraud Triangle Theory Syamsuri, Syamsuri; Lutfiah, Asti
Al-Mustashfa: Jurnal Penelitian Hukum Ekonomi Syariah Vol 10, No 1 (2025)
Publisher : UIN Siber Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/jm.v10i1.17014

Abstract

This study analyzes fraud in Shopee transactions using the fraud triangle theory and the perspective of fiqh muamalah. Fraudulent activities in the Shopee marketplace, such as scams and deceitful seller practices, contradict Islamic principles, resulting in material and non-material losses. Fiqh muamalah, as a foundational framework for Islamic trade, strictly prohibits fraudulent practices that cause harm or injustice. The study employs a qualitative approach, utilizing content analysis of case studies on Shopee fraud. The findings reveal that fraud on Shopee arises due to economic pressure as a trigger for fraudulent behavior, opportunities created by weak regulatory frameworks, and the rationalization of fraud stemming from a lack of public awareness about online transaction rules. From the perspective of fiqh muamalah, these factors result in injustice and violate fundamental principles such as honesty (sidq), trustworthiness (amanah), and the prevention of harm (la darara wa la dirar). The study highlights the need to address these issues to align online transactions with Islamic ethical standards.Keywords: Fraud Triangle; Transactions, Shopee; Fiqh Muamalah
Comparative and Integrative Approach of Conventional and Islamic Economic Theories in Islamic Economic Law Development Hafizd, Jefik Zulfikar; Janwari, Yadi; Jubaedah, Dedah
Al-Mustashfa: Jurnal Penelitian Hukum Ekonomi Syariah Vol 10, No 1 (2025)
Publisher : UIN Siber Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/jm.v10i1.18550

Abstract

Conventional economic theory, which began with Adam Smith's seminal work on the free market and the 'invisible hand,' evolved through the contributions of Keynesianism and monetarism, focusing on government intervention and money supply control, respectively. In contrast, Islamic economic thought is deeply rooted in the Qur'an and Sunnah, with early Islamic scholars like Ibn Khaldun emphasizing justice, balance, and social welfare as core economic principles. After a period of dormancy, Islamic economics was revived in the 20th century, presenting an alternative that integrates moral and ethical values within the economic system. This research examines the integration of conventional and Islamic economic principles, particularly their role in the development of Islamic law (Sharia) and its economic applications. By adopting a comparative and integrative approach, the study analyzes both systems' concepts, principles, and practices, relying on data from books, journals, articles, and other scholarly references. The findings highlight both the similarities and differences between conventional and Islamic economics and identify complementary elements that facilitate the creation of a more just and sustainable hybrid economic model. Integrating core Islamic economic values, such as the prohibition of usury (riba) and wealth redistribution (zakat), with conventional economic frameworks can promote a more equitable and sustainable economic system. This research concludes that the synthesis of conventional and Islamic economics, underpinned by Sharia principles, can lead to the development of a more efficient, ethical, and socially just economic model..Keywords: Conventional Economics; Islamic Economics; Comparison; Economic Integration; Economic Sustainability