Ari Kurniawan
Faculty Of Law, Universitas Airlangga

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Muamalah Bisnis Perdagangan Syariah Ari Kurniawan
Justitia Jurnal Hukum Vol 1, No 1 (2017): Justitia Jurnal Hukum
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (527.221 KB) | DOI: 10.30651/justitia.v1i1.601

Abstract

Over the last few decades, the practice of Islamic trade has developed rapidly in Indonesia. This Muamalah transaction must both fulfill Islamic principle and implement Islamic contract. The product innovation in Islamic trade has also grown in the practice of Islamic business. This innovation relates to not only the business of Islamic finance but also the practice of Islamic retail trade. A good example would be Islamic top-up card and Sharia transportation service (Islamic “ojek”). Once Islamic trande implements Sharia‟ principle in these transactions, it has complied Islamic law. In contrast, when it has not implemented Sharia‟ principle in these business innovation, It has not been complied Sharia‟ law completely (kaffah). This article would analyze the compliance of these business in Islamic trade in Indonesia.
Standard Contract in Financing at Sharia' Bank Trisadini Prasastinah Usanti; Ari Kurniawan
Rechtsidee Vol 4 No 1 (2017): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v4i1.292

Abstract

Standard contract is a contract which is merely made by one of the parties and other parties agree to a contract. In practice Indonesia sharia bank, all financing contracts are made by Islamic bank in the form of Islamic standard contract. As a result, there is no negotiation between the parties. Therefore, this research will analyze standard contract in financing at sharia bank X and sharia bank Y in Indonesia. This research employs statute approach, conceptual approach and contractual approach. The outcome of this research is Islamic standard contract of financing at Sharia’ Bank are not contrary to Islamic principles throughout the contract meets the validity of contract, there is no element of which is prohibited according to the Shariah, namely gharar, maysir, usury and does not violate the principles of sharia agreement. Islamic standard contract at sharia bank X and sharia bank Y in Indonesia had described the characteristic of each Islamic financing and has met the minimum requirements accordance with the fatwa of Sharia’ supervisory board (DSN-MUI) which is regulated by the regulations of Bank Indonesia.
The Development of Murabaha in Indonesian Islamic Banks Ari Kurniawan; Abd Shomad
Rechtsidee Vol 3 No 1 (2016): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v3i1.153

Abstract

Over the last few years, Islamic trading transaction has become more popular in Indonesia. Retail trade in Islamic banks for an example. There are many Islamic banks in Indonesia that provide alternative business transactions and halal product in retail trade to the public based on Islamic law, but Islamic banks must obey not only the origins of Islamic law, such as the Holy Qur’an and the Sunnah but also Islamic principle in terms of the prohibition of uncertainty, interest and gambling when they run their business in retail trade. One of the agreements in retail trade is Murabaha which involves several possible structures, notably direct trading, company (seller) purchases via an agent or a third party and murabaha via the customer as an Agent. However, there are several contemporary issues, particularly Murabaha via Shares and executing time of Murabaha that still need to be discussed whether they disobey Islamic law and basic Islamic principles or not.