scholarly journals ‘URF SEBAGAI METODE PENETAPAN HUKUM EKONOMI ISLAM

2020 ◽  
Vol 9 (1) ◽  
pp. 75-90
Author(s):  
Khikmatun Amalia

This article aims to discuss matters related to 'urf as a method of determining Islamic economic law in economic activity. The research methodology in this article uses a qualitative method with a library research approach. The results showed that urf is something that is known and has become a community habit, either in the form of words or deeds. So that 'urf can be used as a method of determining Islamic economic law, including in economic transaction activities. Some examples of the application of 'urf in economic transactions today are buying and selling in modern shopping centers and online-based transactions without saying shighat (my words sell-I buy).

2019 ◽  
Vol 1 (2) ◽  
pp. 155-176
Author(s):  
Fitra Rizal

The development of an increasingly advanced industry has an impact on the development of transactions in an increasingly complex economy so that many transaction activities that require ijtihad to find solutions to problems that may arise. The hope is that the transaction can run smoothly and in accordance with Islamic law. This study aims to discuss matters relating to how ‘urf becomes the methods and sources of Islamic law in economic activities using a qualitative research methodology with a library research approach. The results showed that 'urf' is a thing that is known and has become a habit of the community, both in the form of words or deeds. So ‘urf can be used as a method and legal basis for economic transaction activities. Some examples of the application of ‘urf in Islamic economic transactions are buying and selling transactions in modern shopping centers and some online-based economic transactions without saying shighat (I sell-I buy). Although the practice of buying and selling is not like the shighat described in classical literature, but because it contains a meaning that indicates the willingness of both parties it can be concluded that the transaction law may be based on ‘urf. Perkembangan industri yang semakin maju berdampak pada perkembangan transaksi dalam ekonomi yang semakin komplek sehingga banyak kegiatan transaksi yang membutuhkan ijtihad untuk mencari solusi dari permasalan yang mungkin muncul. Harapanya agar transaksi tersebut dapat berjalan lancar dan sesuai dengan syariat Islam. Penelitian ini bertujuan untuk membahas hal-hal yang berkaitan dengan bagaimana ‘urf menjadi metode dan sumber hukum Islam dalam kegiatan perekonomian dengan menggunakan metodologi penelitian kualitatif dengan pendekatan kepustakaan (library research). Hasil penelitian menunjukkan bahwa ‘urf ’merupakan suatu hal yang dikenal dan sudah menjadi kebiasaan masyarkat, baik berupa ucapan ataupun perbuatan. Sehingga ‘urf dapat dijadikan metode dan landasan hukum dalam kegiatan transaksi ekonomi. Beberapa contoh penerapan ‘urf dalam transaksi ekonomi Islam dalah transaksi jual beli di pusat perbelanjaan modern dan beberapa transaksi ekonomi yang berbasis online tanpa mengucapkan shighat (saya jual-saya beli). Walaupun praktik jual beli yang dilakukan tidak seperti shighat yang dijelaskan di literature klasik, namun karena mengandung arti yang menunjukkan kerelaan dari kedua belah pihak maka dapat disimpulkan bahwa hukum transaksi tersebut boleh berdasarkan ‘urf.


2021 ◽  
Vol 4 (1) ◽  
pp. 136-161
Author(s):  
Muhammad Irwin Muslimin ◽  
Darwanto Darwanto

The existence of Islamic Economics in recent years has risen. This makes the development of Islamic Economics more diverse. This needs to be addressed wisely by examining various points of views, including the thoughts of Islamic Economists regarding the Islamic Economic System, so that the knowledge about the Islamic Economic System is fundamentally known by various parties. This research uses a qualitative method using library research method with a comparative approach. This literature research explains and compares the thoughts of two contemporary Islamic Economists, namely Syed Nawab Haider Naqvi and Yusuf Al-Qardhawi. The data analysis technique used is content analysis and comparison. Union intersection tool is used to compare several dimensions of the thoughts of the two Islamic Economists regarding Islamic Economic System. The results of the research show that the thoughts of Syed Nawab Haider Naqvi and Yusuf Al-Qardhawi regarding Islamic Economic System are related to each other and classified into the same dimensions of basic views, economic ethics and government roles. Syed Nawab Haider Naqvi is famous for his approach of axiomatic approach and Yusuf Al-Qardhawi through ethical approach. Both support integrating Islamic norms and ethics that are sourced from the Qur'an and Hadith into every economic activity.


2021 ◽  
Vol 7 (2) ◽  
Author(s):  
Syamsuri Syamsuri

There are at least two approaches taken by the government to deal with the problem of poverty or create prosperity, namely through fiscal policy and monetary policy. In this article, the author will examine the fiscal policies that should be carried out by the government using the reallocation method of state revenue and expenditure funds or the so-called APBN. Several Muslim figures have studied the problem solving, such as, As-Syaibani and Umar bin Abdul Aziz. However, the author focuses on the contribution of Muslim scholar who was born from Byzantine descent in 154/1858, namely Abu Ubaid, his brilliant idea as outlined in the book Al-Amwal in order to create the mashlahat of society in a country. By using a qualitative method with the library research approach and assisted by the final character study approach, it can be concluded that some strategies according to Abu Ubaid are a solution in creating social welfare, namely Zakat, fa'I, khumus, kharja, and jizyah. As well as regarding the import and export of goods, Abu Ubaid uses a strategy of not having zero tariffs in international trade, excise on staples is cheaper, and there are certain limitations to be subject to excise. This means that when goods enter into a country, there is a cut or excise that enters zakat.


Author(s):  
Havis Aravik ◽  
Achmad Irwan Hamzani ◽  
Nur Khasanah

Islamic economic thought became increasingly prevalent with the birth of various schools of thought in Islamic economics. One of them is the critical alternative school that was pioneered by Timur Kuran. This research will discuss from Islamic economics to the urgency of prohibiting usury; an offer of the East Kuran Islamic economy. With the aim of knowing and analyzing the extent to which Eastern Kuran's economic thought made significant contributions to the development of contemporary Islamic economics. This research is a qualitative research with a library research approach and all data obtained were analyzed using descriptive analysis methods. The results of this study indicate that Timur Kuran is one of the pioneers of the Critical alternative school which critically studies various concepts of Islamic economics and banking. Various forms of economic thought such as from the concept of Islamic economics are none other than modern doctrines that offer alternatives to the economic systems of Capitalism and Socialism. The emergence of an Islamic economy was none other than political-cultural, with the largest contribution coming from Pakistanis, zakat is a more effective safety net than a secular redistribution system and the waqf system does not yet have the flexibility needed for efficient resource use, and the Qur'an prohibits the practice of usury which involves compounding the debt of a loan that is unable to make payments according to a predetermined schedule.


2020 ◽  
Vol 4 (1) ◽  
pp. 133
Author(s):  
Moch Khoirul Anwar ◽  
Nur Fitroh Febrianto

The development of Islam in Indonesia is inseparable from the economy because Islam initially came to Indonesia through trade. The teachings of Islam are embedded through economic activities such as in commerce and agriculture, although not uses Islamic terms specifically. As a result, many people are not aware that their economic activity becomes part of the implementation of the Islamic economics concept. Therefore, this paper aims to examine the implementation of Islamic economics in this country, both in terms of conceptual and formal legal practice implemented by the community. This study based on library research that focused on studying a variety of works of literature about the Islamic economic system and its implementation in Indonesia. Interviews and observation also collect the data to farmers and cattle ranchers that have taken as the sample. Furthermore, the data analysis employs a content analysis method to identify the specific characteristics of the information when data had been collected. The results of this study indicate that some of the Islamic economics concepts has been applied in the Indonesian daily economy activities. This reflects the manifestation of the 33rd Article of the Indonesian Constitution 1945 that emphasizes economic built by the cooperations and kinship principle. In the society who do farming and animal husbandry, for example, people implements "Paron" and "Gaduh" that use the same principles with musyarakah in the Islamic financing system.


Author(s):  
Sarip Hidayatuloh

<p>The flow of golbalization which continues to experience development has changed the order of life of the people, which has made it increasingly lose our identity and the more fragile our spirit of diversity as a nation. Local wisdom is a characteristic of the nation that must be preserved. The integration of multicultural values based on local wisdom in historical learning in the era of a global perspective is how the role of a teacher in making students aware of tolerance, cooperation, love, respect, nationalism and so on, without leaving local wisdom values. exist in society. This study uses a qualitative method with a library research approach. The concept of silih asah, silih asih, silih asuh is a concept of harmony in Sundanese life. These three concepts are used as a philosophy of life that is adhered to by the majority of Sundanese people. Multicultural value education based on local wisdom from a global perspective, can be a means of cultivating and implementing good and correct character of the Indonesian nation by educating and teaching Sundanese local wisdom values (<em>silih asah, silih asih, silih asuh)</em>.</p>


Author(s):  
Abdul Rahman

AbstractIn either sharia banking or non-banking institutions, murabahah contract becomes an integral part of other products. Murabahah akad is a contract of sale and purchase of goods between a bank and a customer, which the bank notifies a cost of goods and increase the mutually agreed benefits. While the Educational Murabahah Akad in UJKS Annuqayah refers to the UJKS Annuqayah provides goods that support the learning process of education, such as needs of motorcycles, laptops, books and LCD projectors, and its payments was payed in installments and the UJKS Annuqayah do not add profit.In this study, the problems were as follows: first, what is the meaning of murabahah contract and the types of murabahah contract in the UJKS Annuqayah, second, how is the implementation of murabahah contract on education financing in the UJKS Annuqayah, third how is the review of Islamic economic law against murabahah agreement on education financing in the UJKS Annuqayah. While the purposes of were to understand and to describe akad murabaha on financing education in the UJKS Annuqayah, to understand the application of murabaha education, to understand and to describe the perspective of Islamic economic law towards the application of murabahah akad on education in the UJKS Annuqayah.The method used qualitative descriptive with field research approach, which is the study examined the theories that have been developed in the field of science related to the problems, looked for methods and research techniques both in collecting data and analyzing research that has been used by former researcher. The data was analyzed by using deductive theory. While the key informant was the director of UJKS Annuqayah, and the supporting informants were the head office of UJKS Annuqayah, the head office of women's payment point, the financing section, the payment section and the teller of UJKS Annuqayah.The results showed that the UJKS Annuqayah has 3 murabaha products; the murabahah business, the murabahah basic needs and the murabaha education. In murabahah education financing, the UJKS Annuqayah do not get a profit, but the UJKS gets cashback from deller divided between the UJKS Annuqayah and customer. According to the review of Islamic economic law, it is permissible because it is in accordance with Islamic legal principles based on the Imam Syafi'ie perspective and implemented with the principles of justice, no despotic action, mutual agreement and transparency on management. This is justified by Islam because it is spared of riba and gharar. Keywords       : murabahah akad, education financing, UJKS Annuqayah


2021 ◽  
Vol 39 (12) ◽  
Author(s):  
Akhmad Hafandi ◽  
Puji Handayati

As a step to promote public interest in conducting cash waqf, the government launched a program called the National Money Waqf Movement (GNWU) which also introduced Cash Waqf Linked Sukuk (CWLS) Retail Series SWR001 which is a development of the CWLS (SW Series). Both are developments of the Money Waqf and Sukuk (State Sukuk) which have been regulated in the DSN-MUI Fatwa No. 131/DSN-MUI/X/2019. Law No. 41 of 2004, concerning Waqf, and Law No. 19 of 2008, concerning State Sharia Securities (SBSN). CWLS is a form of social investment in Indonesia where the cash waqf is received by the Indonesian Waqf Board as Nazhir through a Sharia Financial Institution as a Cash Waqf Recipient (LKSPWU). It will be managed and placed on the State Sukuk or SBSN instrument and the proceeds of its development are used to finance various economic, social and religious activities. Nonetheless, this CWLS model is perceived to be less than ideal by some parties. This study adopted a qualitative method using using library research approach. The data were collected through analysing literature papers, documentation and conducting an interview. Descriptive-analysis used to compare the statutory provisions, fatwas of MUI, and fiqh rules with the implementation of CWLS. The findings in this study indicate that CWLS is an appropriate with Indonesian context and Islamic principles.


2020 ◽  
Vol 15 (1) ◽  
pp. 36-44
Author(s):  
Fajrul Falah

The purpose of this study expresses trust and hegemony in a short story “Dukun yang Selamat” by Joni Hendri. Short Story “Dukun yang Selamat” interesting research because it contains differences in belief in the existence of shamans. The research approach used is Gramsci's hegemony, entering the realm of sociology of literature. This research belongs to the field of library research, not field research. This study used descriptive qualitative method. Research data obtained from words, phrases, sentences, and dialogues contained in short story “Dukun yang Selamat” which is relevant to belief and hegemony. The research data was analyzed by interpreting it according to the research approach used. The results showed differences in attitudes and behaviors towards figures Nenek Sari or a shaman is caused by the trust of each individual. The beliefs that have been adhered to and believed to be true are able to make a character Wak Atan acting that is not justified, which is to kill the shaman. The hegemony of belief is able to make Wak Atan marginalize the role of humans who are considered shamans.Keywords: Belief; hegemony; shaman; behavior; and role. IntisariTujuan penelitian ini mengungkapkan kepercayaan dan hegemoni dalam cerita pendek “Dukun yang Selamat” karya Joni Hendri. Cerpen “Dukun yang Selamat” menarik diteliti karena memuat perbedaan kepercayaan terhadap keberadaan dukun. Pendekatan penelitan yang dipakai adalah hegemoni Gramsci, masuk ranah sosiologi sastra. Penelitian ini masuk ranah penelitian kepustakaan, bukan penelitian lapangan. Penelitian ini menggunakan metode deskriptif kualitatif. Data penelitian didapatkan dari kata, frasa, kalimat, dan dialog yang terdapat dalam cerpen “Dukun yang Selamat” yang relevan dengan kepercayaan dan hegemoni. Data penelitian itu dianalisis dengan cara diinterpretasikan sesuai dengan pendekatan penelitian yang dipakai. Hasil penelitian menunjukkan perbedaan sikap dan perilaku terhadap tokoh Nenek Sari atau dukun disebabkan oleh kepercayaan tiap-tiap individu. Kepercayaan yang telah dianut dan diyakini kebenarannya mampu membuat tokoh Wak Atan bertindak yang tidak dibenarkan, yakni ingin membunuh dukun itu. Hegemoni kepercayaan mampu membuat Wak Atan memarjinalkan peran manusia yang dianggap sebagai dukun. Kata kunci: Kepercayaan; hegemoni; dukun; perilaku; dan peran.


At-Taqaddum ◽  
2020 ◽  
Vol 12 (2) ◽  
pp. 201-222
Author(s):  
Sandy Rizki Febriadi Sanusi ◽  
Neneng Nurhasanah ◽  
Maman Surahman

The application of fiqh principles to Islamic economic issues often uses general principles outside the muamalah field, even though general fiqh rules in the muamalah field and detailed rules have been formulated. This article aims to describe the development of fiqh principles on Islamic economic fatwas issued by the DSN-MUI from 2000 to 2019. This study uses a qualitative research approach with descriptive analysis, using a library research approach. This study's results indicate that the development of fiqh principles in the DSN-MUI fatwa can be analyzed from two perspectives. First, the ten fiqh rules with the most significant number are the rules "Basically all forms of muamalat are allowed, unless there are arguments that prohibit them." This rule occupies several repetitions of 125 times (36%). Then the fiqh rule ranks tenth with the intensity of the repetition of 8 times (2%), namely the fiqh rule: "Every debit and credit that brings benefits is usury." Second, the DSN-MUI Fatwa Commission has used the theoretical level because its use includes: core principles, basic principles, general rules, special rules, to detailed regulations.


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