cover
Contact Name
ZULHAMDI
Contact Email
zulhamdi@iainlhokseumawe.ac.id
Phone
+6285260308908
Journal Mail Official
jalhiwalah@gmail.com
Editorial Address
Jl. Medan - Banda Aceh, Alue Awe, Kec. Muara Dua, Kota Lhokseumawe, Aceh 24352
Location
Kota lhokseumawe,
Aceh
INDONESIA
Journal Syariah Economic Law
ISSN : -     EISSN : 29630304     DOI : -
Jurnal Al-Hiwalah: Jurnal Hukum Ekonomi Syariah  (Online/ elektronik) Dengan ISSN : 2963-0304,  yaitu jurnal ilmiah peer review yang fokus menyebarluaskan hasil penellitian di bidang  Fikih, Hukum Ekonomi Islam, Fiqh Muamalah, dan Ekonomi Syariah. Jurnal ini diterbitkan oleh Jurusan Hukum Ekonomi Syariah Fakultas Syariah  Institut Agama Islam Negeri Lhokseumawe bekerjasama dengan Rumah Jurnal LPPM IAIN Lhokseumawe. Jadwal Terbitan:  Jurnal Hukum Ekonomi Syariah terbit secara berkala dua kali dalam setahun, yaitu pada bulan  Juni  dan  Desember  setiap tahunnya. Ketentuan Umum Naskah:  Harap baca dan pahami pedoman penulis secara menyeluruh . Penulis yang mengirimkan naskah ke redaksi Jurnal Hukum Ekonomi Syariah harus mengikuti pedoman penulisan naskah yang sesuai dengan “article template” yang telah tersedia dan dapat didownload pada side bar website ini. Jika naskah yang dikirimkan tidak mengikuti pedoman atau menggunakan format yang berbeda, maka akan ditolak oleh tim redaksi sebelum ditinjau. Tim Redaksi hanya akan menerima naskah yang memenuhi persyaratan format yang telah ditentukan.
Arjuna Subject : Umum - Umum
Articles 24 Documents
Al-Qard Sebagai Penerapan Akad Tabarru’ Khairatun Muna
Al-Hiwalah : Journal Syariah Economic Law Vol. 1 No. 2 (2022): AL-Hiwalah: Journal Syariah Economic Law
Publisher : Hukum Ekonomi Syariah

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (752.796 KB) | DOI: 10.47766/alhiwalah.v1i2.805

Abstract

In principle, a tabbaru contract is a contract that aims to give something or lend something, where this if the contract is to lend something, the object can be in the form of money or services. Although in its basic provisions the borrower is prohibited from taking advantage of the tabbaru contract considering that it is usury, but the borrower can still receive kindness from other parties in the form of costs which have been incurred for the tabbaru contract, provided that they are not allowed to take profit even though with a small nominal, the case is different from giving the borrower itself outside the provisions at the time of the contract.
Analisis Hukum Islam Terhadap Praktik Akad Istishna Athailah Junaidy; Yusriadi Yusriadi
Al-Hiwalah : Journal Syariah Economic Law Vol. 1 No. 2 (2022): AL-Hiwalah: Journal Syariah Economic Law
Publisher : Hukum Ekonomi Syariah

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (712.019 KB) | DOI: 10.47766/alhiwalah.v1i2.874

Abstract

This research is entitled "Analysis of Islamic Law Against the Practice of Istishna Contracts'". In it examines the practice of istiṣna 'contracts. Istiṣna' contract is a sale and purchase with an order and one of the forms of buying and selling that is often applied by the public. In general, the buyer comes to the seller to ask for an item that does not yet have a form. The problem in this study is how the practice of buying and selling orders that occurs in Hawe Furniture, and whether the practice of buying and selling orders that occurs in Hawe Furniture is in accordance with existing Islamic law. The purpose of this study was to determine the concept of Islamic law on buying and selling orders and to find out the practice of buying and selling orders at Hawe Furniture. This research method is qualitative with inductive data analysis. The results of this study indicate that buying and selling orders that occur at Hawe Furniture are in accordance with Islamic law, where the transaction contract that occurs between the seller and the buyer has an agreement on the price and payment system, then the seller records it to find out the name of the customer, the ordered goods, the money received. has been paid and the time of delivery of the goods is adjusted from the contract that has been agreed between the two parties.
Implementasi Murabahah Pada Perbankan Syariah Muhammad Diah; Zulhamdi Zulhamdi
Al-Hiwalah : Journal Syariah Economic Law Vol. 1 No. 1 (2022): Al-Hiwalah : Journal Syariah Economic Law
Publisher : Hukum Ekonomi Syariah

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (437.719 KB) | DOI: 10.47766/alhiwalah.v1i1.875

Abstract

Murabahah is a form of buying and selling goods developed by Islamic banking. In Islamic banking, murabahah dominates the bank's income from the products available in all Islamic banks. Murabahah also provides many benefits to Islamic banks/Islamic banks, one of which is the profit that arises from the difference between the purchase price from the seller and the selling price to the customer. Murabahah as an exchange transaction contract requires the seller to have the right to take legal action against the object he sells. In addition, murabahah as a form of trust buying and selling requires the seller and the buyer to know each other and be honest with each other regarding the object of sale, both the specifications of the goods, the acquisition price, the desired margin, and the method of payment. Included in the acquisition price is the cost of goods and their procurement costs until the acquisition price is only known after the goods are legally owned by the seller. Along with the emergence and development of the Islamic banking industry, murabahah was adopted as one of the contracts in Islamic bank financing products.
Prinsip Dasar Perbankan Syariah Maimun Maimun; Dara Tzahira
Al-Hiwalah : Journal Syariah Economic Law Vol. 1 No. 2 (2022): AL-Hiwalah: Journal Syariah Economic Law
Publisher : Hukum Ekonomi Syariah

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (651.57 KB) | DOI: 10.47766/alhiwalah.v1i2.878

Abstract

Principles in banking are important as the basis that can be used as a basis for thinking related to muamalah and all transactions in the world of Islamic banking. The basic principles of sharia banking are the principles of free maghrib (maysir, gharar, haram, usury, and batil), trust and prudence in the management of sharia banking activities, and principles based on contracts. These three principles refer to Islamic sharia by referring to the Qur'an and Hadith so that they must be implemented in various activities.
Perbedaan Perbankan Syariah dengan Konvensional Sari Wahyuna; Zulhamdi Zulhamdi
Al-Hiwalah : Journal Syariah Economic Law Vol. 1 No. 2 (2022): AL-Hiwalah: Journal Syariah Economic Law
Publisher : Hukum Ekonomi Syariah

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (605.419 KB) | DOI: 10.47766/alhiwalah.v1i2.879

Abstract

This article aims to test the financial performance between Islamic Banks and Conventional Banks, and examine the influence of financial performance on investment decisions, both in Islamic Banks and Conventional Banks. Basically it has a function as a place to collect funds from the public in the form of savings and distribute them again to the community in the form of credit or other forms in order to improve the standard of living of the people as explained in Law Number 10 of 1998 concerning Banking, so that today's society many use banking services in Indonesia, but many Indonesian people are now starting to hesitate to use banking services, especially conventional banking because it adheres to the interest system which according to Islam is forbidden. As an alternative for people who are afraid of bank interest, Islamic banking is born which applies a profit-sharing system in calculating the profits of its funds and based on Islamic law is recognized as halal. Differences Islamic Banks and Conventional Banks:. Sharia banking law is based on Islamic sharia based on the Qur'an and Hadith and Fatwa Ulama (MUI) while conventional banks are legal based on positive law applicable in Indonesia (Civil and Criminal). violates Islamic law (only for halal businesses) while lending to conventional banks can be done in various businesses that are considered safe and profitable. As long as it doesn't violate applicable laws and regulations
Aturan Utang dalam Akad Pembiayaan Mudharabah pada Bank Syariah Yusriadi Yusriadi
Al-Hiwalah : Journal Syariah Economic Law Vol. 1 No. 1 (2022): Al-Hiwalah : Journal Syariah Economic Law
Publisher : Hukum Ekonomi Syariah

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (447.489 KB) | DOI: 10.47766/alhiwalah.v1i1.881

Abstract

Mudharabah financing is financing in the form of cooperation between two or more Islamic banks, in which the owner of the capital entrusts a certain amount of capital to the manager with a profit sharing agreement, or in another language as shahibul maal which provides all the capital and the customer as mudharib who manages the funds. The profits obtained by the business are in accordance with the initial agreement as stated in the contract. However, if there is a loss, it will be borne by the Islamic bank if the loss is not due to the intention of the insurer's customer, while the customer loses time, energy and thought. If the loss is caused by the negligence of the customer, the customer must bear the loss himself. However, the mudharabah financing at one of the Islamic banks has not shown the character of the mudharabah financing completely and correctly because the concept of debt appears in the contract.
Aktivitas Bisnis dalam Tinjauan Aspek Hukum Perjanjian Farissa Amelia; Nazaruddin Nazaruddin
Al-Hiwalah : Journal Syariah Economic Law Vol. 1 No. 2 (2022): AL-Hiwalah: Journal Syariah Economic Law
Publisher : Hukum Ekonomi Syariah

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (530.479 KB) | DOI: 10.47766/alhiwalah.v1i2.885

Abstract

The development of the business world, especially trade in Indonesia, seems to be dominated by trade in goods which is the result of cooperation between Indonesian entrepreneurs and foreign entrepreneurs, and between Indonesian entrepreneurs and Indonesian entrepreneurs. Agreement as a private legal relationship that exists between parties who have entered into an agreement, on objects that have been agreed upon as a form of fulfillment of rights and obligations, after the creation of an agreement.
Akad Salam Menurut Fatwa DSN MUI Nomor 05/DSNMUI/IV/2000 Januara Pahra
Al-Hiwalah : Journal Syariah Economic Law Vol. 1 No. 1 (2022): Al-Hiwalah : Journal Syariah Economic Law
Publisher : Hukum Ekonomi Syariah

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (404.921 KB) | DOI: 10.47766/alhiwalah.v1i1.888

Abstract

Salam buying and selling is a contract for buying and selling ordered goods between a buyer and a seller. The specifications and price of the ordered goods must have been agreed at the beginning of the contract, while payment is made in full in advance. Sale and purchase of greetings is a sale and purchase contract that is allowed. This is based on the arguments contained in the Qur'an. The pillars of salam are sellers and buyers, there are goods and money, there is sighat (lafaz contract). While the terms of sale and purchase of salam according to the agreement of the scholars there are five, namely the type of object of sale and purchase of greetings must be clear, the nature of the object of sale and purchase of greetings must be clear, the level or size of the object of sale and purchase of greetings must be clear, the period of ordering the object of sale and purchase of greetings must be clear, assumptions the capital issued must be known to each party.
Aspek Hukum Perjanjian dalam Aktivitas Bisnis zulhamdi zulhamdi; Husnaini Husnaini
Al-Hiwalah : Journal Syariah Economic Law Vol. 1 No. 1 (2022): Al-Hiwalah : Journal Syariah Economic Law
Publisher : Hukum Ekonomi Syariah

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (240.144 KB) | DOI: 10.47766/alhiwalah.v1i1.892

Abstract

The development of the business world, especially trade in Indonesia, seems to be dominated by trade in goods which is the result of cooperation between Indonesian entrepreneurs and foreign entrepreneurs, and between Indonesian entrepreneurs and Indonesian entrepreneurs. Agreement as a private legal relationship that exists between parties who have entered into an agreement, on objects that have been agreed upon as a form of fulfillment of rights and obligations, after the creation of an agreement.
Ijarah dalam Sistem Perbankan Syariah Dara Fitriani; Nazaruddin Nazaruddin
Al-Hiwalah : Journal Syariah Economic Law Vol. 1 No. 1 (2022): Al-Hiwalah : Journal Syariah Economic Law
Publisher : Hukum Ekonomi Syariah

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (401.261 KB) | DOI: 10.47766/alhiwalah.v1i1.895

Abstract

Lease transactions in conventional banking do not transfer property rights, which means that when the lease expires, the goods are returned to the owner of the leasing object, which generally does not require the services of a financial institution. Another case in practice is because of Islamic banking financing which is known under a lease agreement called ijarah. In Islamic banking, al-ijarah is divided into 2 types, namely mutlaqah ijarah or leasing, operating lease is a process that we usually encounter in daily economic activities. In the context of Islamic banking, ijarah is a lease contract in which a bank or financial institution rents out equipment, buildings or goods, to one of its customers by charging a fee that has been determined with certainty in advance. Meanwhile, al-Ijarah al-Muntahia bit-Tamlik is a kind of fusion between a sales and lease contract or a lease contract which ends with the ownership of the goods being in the hands of the lessee. The nature of the transfer of ownership also distinguishes it from ordinary leases, which exist in conventional financial institutions. The concept of al-Ijarah in Islamic banking as a lease in general, but what distinguishes it is that in Islamic banking there is a lease which at the end of the contract, the customer is given a choice/option to own the goods or not, generally called a lease purchase.

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