Garuda - Garba Rujukan Digital

The Urgency of Fatwa in The Law of Sharia Economics in Indonesia Elsy Renie
JURIS (Jurnal Ilmiah Syariah) Vol 20, No 2 (2021)
Publisher : Institut Agama Islam Negeri Batusangkar

Fatwas of the National Sharia Council-Indonesian Ulama Council (DSN-MUI), in the field of sharia economics, has filled the legal vacuum related to the economic activities of the people. The increased of activity in the Mu'amalah area which is so fast requires a responsive fatwa. It can be seen from the rapid development of financial products for sharia financial institutions today. The legal strength of a fatwa is non-binding because it is not included in the constitution hierarchy in Indonesia which has caused debate for some people. But, several DSN-MUI fatwa have been transformed into part of national law, such as constitution No. 21 of 2008 concerning Banking, and some of which have also been absorbed into Bank Indonesia regulations, Syari'ah Financial Services Authority Regulation (OJK). This paper tries to analyze the role of fatwas in filling the legal vacuum in the development of the shari'ah economy in Indonesia and how the fatwas of the DSN-MUI can be transformed into national law. The author concludes that the role of DSN-MUI as the only institution that issued a fatwa related to the activities of shari'ah financial institutions in Indonesia is very important in the area of national legal politics.

Implications of the Pagang Gadai Contract on Disharmony Social Actors in Minangkabau Community Syukri Iska; David David; Elsy Renie; Ifelda Nengsih
JURIS (Jurnal Ilmiah Syariah) Vol 21, No 1 (2022)
Publisher : Institut Agama Islam Negeri Batusangkar

This study aims to explore the implementation of the pagang gadai contract and identify its impact on the social disharmony of actors in the Minangkabau community. The category of this research is ethnography, with data collection techniques through in-depth interviews with 13 people as resource persons who were determined based on purposive sampling and snowball sampling, located in 5 Nagari in Tanah Datar Regency, as a representation of the Nagari of origin of the Minangkabau people. The results of the study found that the implementation of pagang gadai as a form of part of debt and receivable transactions has many variants in processing and utilizing the results of the object of pawning land. Some are managed by the pawnbroker (the debtor) with some of the proceeds destined for the pawnbroker (the debtor), in addition, some are managed by the pawnbroker with the proceeds of the object being fully under his control. As for the impact on social relations, there has been disharmony, both internal to the pawnbroker and between the pawnbroker and the pawnbroker, which is caused by inconsistencies in the implementation of customary norms and rules, unequal paradigms in following up on awareness of mistakes in the implementation of pawning so far, and also because authoritarian leadership pattern on “mamak” as tribal head.

TAFRIQ AL-HALAL ‘AN AL-HARAM THEORY IN THE SELECTION OF SHARIA STOCKS: The Comparative Study in The Sharia Capital Market in Indonesia and Malaysia Elsy Renie; Syukri Iska; Husein 'Azeemi Abdullah Thaidi; Ummi Annis binti Yusof
Jurisdictie: Jurnal Hukum dan Syariah Vol 13, No 1 (2022): Jurisdictie
Publisher : Fakultas Syariah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j.v13i1.17044

Sharia stock is the Islamic capital market’s instrument used as a proof of a company’s shareholder ownership. It must be in line with the Quran, Sunnah, and Ulama’s ijtihad. To include a company’s shares in the sharia category, there are several criteria and screening processes taken by the issuer. This study examines and analyzes tafriq halal wal haram theory in the screening process of the Indonesian Islamic capital market and compares it to Malaysia. Comparative approach and content analysis were used here. Qualitative method investigates whether the company involves in riba activities, gharar, producing non-halal products, gambling, and so forth. This is a normative study to review Indonesia Financial Services Authority regulations and stock exchange regulations. The results indicate that the Indonesian Sharia Capital Market uses an interest-based debt ratio limit compared to a maximum total asset of 45% while Malaysia uses a 20% limit, and the ratio of non-halal income to total income should not be more than 10%. This study can be the reference for Muslim countries to apply the theory of tafriq halal ‘an haram in the selection of sharia stocks in sharia capital market.Saham syariah adalah instrumen pasar modal syariah yang digunakan sebagai bukti kepemilikan pemegang saham suatu perusahaan. Hal tersebut harus sejalan dengan Al-Qur’an, Sunnah, dan ijtihad Ulama. Untuk memasukkan saham perusahaan dalam kategori syariah, ada beberapa kriteria dan proses penyaringan yang dilakukan emiten. Penelitian ini mengkaji dan menganalisis teori tafriq halal wal haram dalam proses penyaringan pasar modal syariah Indonesia dan membandingkannya dengan Malaysia. Kedua negara menggunakan metode kualitatif dan kuantitatif dalam proses penyaringan stok. Metode kualitatif menyelidiki apakah perusahaan terlibat dalam kegiatan riba, gharar, memproduksi produk yang tidak halal, perjudian, dan sebagainya. Kajian ini merupakan kajian normatif untuk mengkaji fatwa dan peraturan OJK dan peraturan Bursa. Pendekatan komparatif dan analisis isi digunakan di sini. Hasil penelitian menunjukkan bahwa Pasar Modal Syariah Indonesia menggunakan batas rasio utang berbasis bunga dibandingkan dengan total aset maksimum 45% sedangkan Malaysia menggunakan batas 20%, dan rasio pendapatan non-halal terhadap total pendapatan tidak boleh lebih 10%. Artikel ini dapat dijadikan sebagai rujukan negara muslim untuk membuat tafriq halal ‘an haram dalam melakukan seleksi saham syariah pada pasar modal syariah.

AMBIGUITAS PERATURAN DAERAH KABUPATEN TANAH DATAR TENTANG PAJAK DAERAH PERSPEKTIF SIYASAH DUSTURIYAH Hibatul Wafi; Elsy Renie
Jurnal Integrasi Ilmu Syariah (Jisrah) Vol 2, No 2 (2021)
Publisher : Institut Agama Islam Negeri Batusangkar

The focus of the research is how ambiguity is in the Tanah Datar Regency Regional Regulation Number 1 of 2018 concerning the Second Amendment to the Tanah Datar Regency Regional Regulation Number 6 of 2011 concerning Regional Taxes. The purpose of this paper is to explain, analyze whether ambiguity occurs in article 43 paragraph 1, article 44 paragraph 1, article 65 paragraph 4 letter h ambiguity in the Tanah Datar Regency Regulation Number 6 of 2011 concerning Regional Taxes as Amended by the Regency Regional Regulation Tanah Datar Number 1 of 2018 concerning the Second Amendment to the Regional Regulation of Tanah Datar Regency Number 6 of 2011 concerning Regional Taxes and to find out how to review article 43 paragraph 1, article 44 paragraph 1, article 65 paragraph 4 letter h Regional Regulation of Tanah Datar Regency Number 6 of 2011 concerning Regional Taxes as Amended by Regional Regulation of Tanah Datar Regency Number 1 of 2018 concerning the Second Amendment to Regional Regulation of Tanah Datar Regency Number 6 of 2011 concerning Regional Taxes in the Perspective of Siyasah Dusturiyah on the Establishment of Good Legislations in the review of Siyasah Dusturiah.

TINJAUAN HUKUM ISLAM TERHADAP PENGEMBALIAN MAHAR BERGANDA AKIBAT PEMBATALAN PEMINANGAN DALAM (Studi Di Kelurahan Belawan II Kota Medan) Rahmi Ramadhani; Elsy Renie
Jurnal Integrasi Ilmu Syariah (Jisrah) Vol 2, No 3 (2021)
Publisher : Institut Agama Islam Negeri Batusangkar

This study examines the tradition of returning multiple dowries due to cancellation of proposal from the perspective of Islamic law in Belawan II Village, Medan City. From these problems, questions arise about how the proposal process is in Belawan II Village, how is the practice of returning multiple dowries due to the cancellation of the proposal and what is the view of Islamic law on the tradition of returning multiple dowries due to the cancellation of the proposal. The type of research that the author uses is a type of field research (field research), to obtain data from the problems studied using qualitative methods. The results of the research that the authors found that the tradition of returning a double dowry due to the cancellation of the proposal in the Belawan II Village, Medan City was carried out by returning the gift at the time of the proposal, namely the gift was in the form of half of the delivery money whose purpose was to be used as a dowry at the time of the marriage contract. Half of the delivery money, which is called the dowry, is returned twice (double) by the woman to the man at the time the proposal has been made. The dowry is returned twice (double) if the cancellation of the proposal is made by the woman. Another sanction is that if the dowry is not returned double (double) at the time of the cancellation of the proposal, neither the man nor the woman may request/accept a proposal from another person, of course this is done by way of deliberation from both parties. The review of Islamic law on the tradition of returning a double dowry due to the cancellation of this proposal is included in the 'urf group.

PRAKTIK JUAL BELI KIOS BERJANGKA PRESPEKTIF FIQH MUAMALAH (Studi Kasus di Balai Akaik Saruaso) Intan Nafri Yulita; Elsy Renie
Jurnal Integrasi Ilmu Syariah (Jisrah) Vol 3, No 1 (2022)
Publisher : Institut Agama Islam Negeri Batusangkar

This study examines the practice of buying and selling futures at Balai Akaik Saruaso. The problem is the fiqh muamalah review of the practice of buying and selling futures at the Saruaso Akaik Hall. Based on the sale and purchase of kiosks at Balai Akaik Saruaso, the practice of buying and selling futures kiosks lasts for twenty-five years and PDAM electricity is borne by the kiosk buyer, and the kiosk buyer is required to maintain and maintain the kiosk as well as possible if there is damage during the period of the futures sale and purchase. then the buyer is obliged to repair it with his personal funds, within that period the buyer is unable to continue then the money will not be returned by the Nagari Government, but the solution from the Nagari Government is that the buyer looks for someone else to continue the remaining period, determine the sale and purchase money is deducted with how much time has been used, three months before the end of the sale and purchase period, the kiosk buyer must confirm whether he wants to continue or not, if not, the Nagari Government gives a grace period of one month for the buyer to pack and remove his goods from the inside. stall. Based on muamalah fiqh, the legal status of buying and selling futures kiosks is invalid because in buying and selling there is a transfer of ownership (Al-tiqal al-milkiyyah) i.e. the goods being sold change ownership, from the seller's property to the buyer's property and according to the Syafi'iyah scholars, it is stated that the transfer of ownership of the object exchanged, Al-Muthman) is eternal (eternal) not temporary. while the sale and purchase of the kiosk at Balai Akkaik Saruaso is not permanent, but has a period of 25 years, the contract will end if you want to continue or end the contract, start over again.

PERSEPSI PELAKU EKONOMI KULINER TENTANG SURAT REKOMENDASI MAJELIS ULAMA INDONESIA (MUI) SUMATERA BARAT PERIHAL PENGGUNAAN NAMA USAHA KULINER Yogi Harian Nanda; Elsy Renie
Jurnal Integrasi Ilmu Syariah (Jisrah) Vol 2, No 2 (2021)
Publisher : Institut Agama Islam Negeri Batusangkar

This study examines the perception of culinary economists on letters of recommendation from the Indonesian Ulema Council (MUI) West Sumatra regarding the prohibition of culinary names that are not in accordance with Islamic law. The type of research used is field research, with exploratory qualitative methods. Sources of data in this study consisted of primary data and secondary data. The findings from this study are that the majority of producers and consumers of culinary businesses do not agree with the recommendation letter from the Indonesian Ulema Council (MUI) West Sumatra regarding the use of culinary business names and do not even care about the letter, because they consider the recommendation letter from the Indonesian Ulema Council (MUI) at the West Sumatra level. This is not a type of statutory regulation that has binding law.

TINJAUAN FIQH MUAMALAH TERHADAP PERJANJIAN CAGAK HUTANG Ativa Riani; Elsy Renie
Jurnal Integrasi Ilmu Syariah (Jisrah) Vol 3, No 2 (2022)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/jisrah.v3i2.6880

The purpose of the discussion of this article is to find out the use of cagak hutang and a review of fiqh muamalah in Nagari Simpang Sugiran, Guguak District, Lima Puluh Kota Regency. The type of research that the author uses is field research, namely field research that is qualitative in nature. Sampling technique the author uses a snowball sampling technique. The data collection technique that the author uses is interviews, documentation and observations related to the agreement on cagak hutang in Nagari Simpang Sugiran, Guguak District, Lima Puluh Kota Regency. From the research that the author has done, it shows that the debt reserve in Nagari Simpang Sugiran, Guguak District. People use cagak hutang in the form of living (moving) goods and inanimate (immovable) goods. Cagak hutang is used because they have no other choice, what is used as cagak hutang is the only thing that can be given by the debtor as collateral or foreclosure on his debt. In practice, most of the use of forked debt is in the control of the murtahin, he enjoys the results and uses the benefits of debt fork for his own benefit. The implementation of cagak hutang in Nagari Simpang Sugiran, Guguak District, Lima Puluh Kota Regency has become a habit and has raised social aspects in society that can overcome economic problems. This activity has become an alternative for the community to avoid hunger and poverty because it has helped the community's economy. In Islam, habits that have been carried out continuously and repeatedly in a society can be used as a source of law. However, in practice, the habit of using cagak hutang in Nagari Simpang Sugiran, Guguak District, Lima Puluh Kota Regency is included in a fasid habit or is contrary to the arguments of the Qur'an and Hadith.

PARTISIPASI PEREMPUAN DALAM EKONOMI INKLUSIF Elsy Renie
AGENDA: Jurnal Analisis Gender dan Agama Vol 2, No 1 (2019): AGENDA: Jurnal Analisis Gender dan Agama
Publisher : State Institute of Islamic Studies Batusangkar

Gender inequality has become an issue in some countries. Although this inequality appear in various indicators such as economy, there is an improvement in the condition of women. The bias perception gives greater impact on women's work in all fields which are not as high position as men’s work. The concept of inclusive economic development provides equal opportunities for men and women to actively participate in the economic sector. Then, the involvement of women in the inclusive economic sector still needs empowerment and literacy for the percentage of male involvement is more dominant than women. This research is a normative study that raises the theme of women's involvement in an inclusive economy. The aim of this research is to find out the women’s participation in inclusive economy both in Indonesia and in other developing countries. This research concludes that the role of women in an inclusive economy has shown development. It can be seen from two indicators. First, the women’s participation in employment is almost the same with men. Second, the woman’s participation in education, despite they are still left behind by men, their existence in education field is increasing than previous year.

PERLINDUNGAN HUKUM TERHADAP HAK WARGA NEGARA DALAM KARYA BUKU ELEKTRONIK (E-Book) Laylia Selsi Qodri Gusti; Elsy Renie; Zainuddin Zainuddin; Siska Elasta Putri
JISRAH: Jurnal Integrasi Ilmu Syariah Vol 4, No 1 (2023)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/jisrah.v4i1.9353

This study examines the legal protection of citizens' rights in electronic book works (e-books), there are still many violations of citizens' rights in the form of piracy of electronic book works (e-books). The problem is the regulation given by the state to the legal protection of citizens' rights in electronic book works (e-books) so that electronic books (e-books) are perfectly protected and the government's role in the legal protection of citizens' rights in electronic book works (e-books). This research is library research. Data and materials are obtained through reading, citing books, researching, analyzing documents, news on the internet and laws related to discussion. After the data / material is collected, it is processed in a descriptive qualitative way and analyzed in a deductive. This study found that existing laws and regulations have not protected electronic books (E-books) as a whole, so changes are needed so that electronic books (e-books) can be perfectly protected.

Title

Found 11 Documents
Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title Search

Found 11 Documents Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title

Found 11 Documents
Search