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El-Uqud: Jurnal Kajian Hukum Ekonomi Syariah
Published by Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto
ISSN : 29867185     EISSN : 29873452     DOI : https://doi.org/10.24090/eluqud.v1i1.7634
Core Subject : Religion, Social,
Religion Social Sciences
El-Uqud: Jurnal Kajian Hukum Ekonomi Syariah focuses on the study of Sharia Economic Law, Islamic Financial Law, and Issues related to Contemporary Economic Laws. El-Uqud: Jurnal Kajian Hukum Ekonomi Syariah aims to build a comprehensive understanding of Islamic economics norms in religious texts and their realization in socio-economics life.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 10 Documents
 1 
Membaca Ulang Makna Filantropi Islam Menurut Pandangan Nahdlatul Ulama Dan Muhamadiyah : Membaca Ulang Makna Filantropi Islam Menurut Pandangan Nahdlatul Ulama Dan Muhamadiyah Ahmad Rezy Meidina; Mega Puspita ‎; Mohd Hafizi bin Tajuddin
el-Uqud: Jurnal Kajian Hukum Ekonomi Syariah Vol. 1 No. 1 (2023)
Publisher : Fakultas Syariah UIN Prof. K.H. Saifuddin Zuhri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/eluqud.v1i1.7634

Abstract

Writing This asks about Islamic philanthropy because There is a shifting meaning of philanthropy in the past. Experts state that philanthropy is an element important in Islam. in between forms of philanthropy in Islam is zakat which is Wrong and One of the five pillars of Islam. in between form other Islamic philanthropy is infaq, alms, and waqf. Therefore philanthropy has a position main in life Muslims. meaning above different from known philanthropy on public now, however No reduce substance from philanthropy That alone. Writing This aim To give understanding to the public generally about shift meaning of Islamic philanthropy, and the necessary exists revitalization meaning of Islamic philanthropy through the view of Nahdlatul Cleric And Muhammadiyah as a primary data source. Findings in the study This that Muhammadiyah's role is important in changing Islamic philanthropy in Indonesia with various activity generosity made from traditional practice become more organized. Meanwhile, Nahdlatul Clerics on the contrary No agree with the practice of generosity made by Muhammadiyah, This was caused Because of thinking of the tradition with by to sect syafi'i.
Pencabutan Peraturan Menteri Perdagangan No 6 Tahun 2022 Perspektif Hukum Islam Ratna
el-Uqud: Jurnal Kajian Hukum Ekonomi Syariah Vol. 1 No. 1 (2023)
Publisher : Fakultas Syariah UIN Prof. K.H. Saifuddin Zuhri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/eluqud.v1i1.7697

Abstract

The Ministry of Trade issued a regulation in the form of Minister of Trade Regulation No. 6 of 2022 concerning Setting the Highest Retail Price for Palm Cooking Oil to lower the price of cooking oil on the market. However, this regulation was repealed due to a new problem that arose. This research intends to find out and examine the background to the revocation of this regulation and how Islamic law views the repeal of the Minister of Trade Regulation No. 6 of 2022 concerning Determination of the Highest Retail Price for Palm Cooking Oil. This type of research includes using library research (Library Research), which is a type of research whose data sources are obtained from the literature. This research uses primary data sources and secondary data sources that support the research. The method of data collection is documentation, further action. The method of analysis used in this study is descriptive qualitative analysis with an interactive model (Interactive Model of Analysis), which is then followed by analyzing the data that produces conclusions. This research shows that the repeal of Ministerial Regulation No. 6 of 2022 concerning Determination of the Highest Retail Price for Palm Cooking Oil does not conflict with Islamic law and does not conflict with the views of the majority of scholars who argue that in any situation and condition, whether the price increases caused by traders or caused without the intervention of traders, then any form of interference in price fixing is not justified. The Prophet really appreciated the price formed by the market as a fair price. Rasulullah rejected the existence of price intervention if price changes occur due to a reasonable market mechanism. The market here requires morality, including: fair competition, honesty, transparency and justice. If these values ​​have been established, then there is no reason to reject market prices. ‎ Keywords: Islamic law, pricing, Regulation of the Minister of Trade, Setting the Highest Retail Price, Palm Cooking Oil.
KHIYAR KHIYAR AIB TERHADAP PRAKTIK JUAL BELI ONLINE MOTOR ANTIK Fetri Fatorina; Masdar Masdar; Chamid Sutikno
el-Uqud: Jurnal Kajian Hukum Ekonomi Syariah Vol. 1 No. 1 (2023)
Publisher : Fakultas Syariah UIN Prof. K.H. Saifuddin Zuhri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/eluqud.v1i1.7699

Abstract

Buying and selling online has two sides of view, namely the positive and negative sides. This is due to the difference in buying and selling mechanisms between buying and selling online and buying and selling directly. On the positive side, both parties, namely sellers and buyers, both benefit in terms of ease and speed of access to see the object of sale and purchase, in this case the CB 100 type antique motorbike. On the negative side, buyers tend to be disappointed if the goods purchased do not match those on the promotion. In fact, it is often found that there are defects in the goods purchased. It can be assumed that in the practice of buying and selling online, khiyar rights are not implemented. The problem raised in this research is what is the position of khiyar disgrace in online buying and selling of CB 100 type antique motorbikes? The subjects of this study were the sellers and buyers of the CB 100 community in the Purwokerto area. The object of this research is the online buying and selling transaction of CB 100 type antique motorbikes. The methods used are observation, interviews, documentation. The results of this study state that the position of khiyar disgrace in online buying and selling of antique motorbikes has been fulfilled. But to determine whether to buy or not they use khiyar ru'yah. So that it can be said that online buying and selling of antique CB 100 type motorbikes is a practice that is prohibited by Islam. This practice contains more harm than benefit. Even though according to Islamic law, the buying and selling contract is valid. However, the practices and systems used are contrary to religious rules and prohibited by syara'
Analysis of the Concept of Tawarruq in the Perspective of Sharia Economic Law Naerul Edwin Kiky Aprianto; Iftiarini Rahmatun Nazilah
el-Uqud: Jurnal Kajian Hukum Ekonomi Syariah Vol. 1 No. 1 (2023)
Publisher : Fakultas Syariah UIN Prof. K.H. Saifuddin Zuhri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/eluqud.v1i1.7718

Abstract

Tawarruq is one of the sharia transaction schemes that can be used as an alternative for parties needing cash urgently. The scheme is a way for related parties to avoid usury activities. In Sharia financing, this contract was developed by ulema to adapt to society's sociological and economic development over time. The results of this study are manifested in Islamic financing agreements. Bai' al-inah and tawarruq are two types of financing in sharia economic law. However, tawarruq seems to be still in the debate whether it is allowed or prohibited, while bai' al-inah is forbidden because of the nash hadith which forbids it. In traditional societies, this scheme is applied between individuals, whereas today it has begun to be applied in Islamic financial institutions, especially abroad. One of the obstacles faced in implementing this scheme is the lack of public understanding due to the limited literature on this scheme, especially the literature in Indonesian.
Analysis of Sale and Buy Practices in A Review of Sharia Economic Law: (Study on China Market in Bone Regency) Syahruddin Kadir
el-Uqud: Jurnal Kajian Hukum Ekonomi Syariah Vol. 1 No. 1 (2023)
Publisher : Fakultas Syariah UIN Prof. K.H. Saifuddin Zuhri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/eluqud.v1i1.7739

Abstract

The practice of buying and selling which has become the primary activity carried out by the community is still not free from fraud and tyranny. The injustice committed by traders or sellers is to show good merchandise and hide merchandise that is not good or defective. Of course, this causes harm to every buyer or consumer, even though Muslims must know that this behavior is strictly prohibited by religion. This study aims to determine the buying and selling practices practiced by the people in the China market in Bone Regency and to find out the sharia economic system implemented by the people in the China market in Bone Regency. Bone. This research method uses field research like the field through data collection namely observation, interviews, and questionnaires. Direct research examines buying and selling practices carried out by the Muslim community at the China Market in Bone Regency, running like a market as it should be. The China market includes markets that carry out buying and selling transactions through the sale of crops from farmers which are obtained directly from the initial farmers. Apart from that, it is also a center for the wholesale trade of plantation, plantation, and fishery products as well as other basic needs. Fraud and tyranny that occurred in the China market and unbalanced market conditions should not have happened because it is prohibited in Islam. This phenomenon shows a violation of Islamic values ​​and law which has strictly prohibited all forms of tyranny and fraud in buying and selling activities so the sharia economic system in the China market has not been implemented optimally.
Otoritas Mahkamah Syar'iyah di Aceh dalam Eksekusi Jaminan Fidusia Berdasarkan Putusan Mahkamah Konstitusi Pasca Penegsahan Qanun No 11 Tahun 2018 Lembaga Keuangan Syariah di Aceh Afri Hasni Putra
el-Uqud: Jurnal Kajian Hukum Ekonomi Syariah Vol. 1 No. 2 (2023)
Publisher : Fakultas Syariah UIN Prof. K.H. Saifuddin Zuhri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/eluqud.v1i2.7574

Abstract

Sharia Economic Disputes in Aceh Province after the enactment of regulation No. 11 of 2018 concerning Sharia Financial Institutions are increasing. Fiduciary Guarantee as one of the guarantees in the form of a murabahah agreement contract between Islamic financial institutions and customers is also often colored by disputes in Aceh, the increasing number of disputes in the form of fiduciary guarantees increasingly makes the Syar'iyah Court of Absolute competence has a big role and responsibility in adjudicating sharia economic disputes in Aceh. This study aims to determine the authority of the Syar'iyah Court in Aceh in adjudicating and deciding various Sharia Economic dispute issues in Aceh as well as the factors that cause customers to dispute and Islamic financial institutions to seize collateral both through litigation and non-litigation channels. This research method uses a form of qualitative research with case study research techniques. The types of data collected are primary and secondary data. The findings are for the government and Islamic Financial Institutions to mitigate more quickly related to potential sharia economic disputes and the Syar'iyah Court has the authority to execute fiduciary guarantees by means of creditors making applications to local courts.
Analisis Konsep Haq Al-Ta’lif dan Relevansinya dengan Perlindungan Hak Kekayaan Intelektual (Studi Pemikiran Wahbah al-Zuhaili) Chuzaimatus Saadah
el-Uqud: Jurnal Kajian Hukum Ekonomi Syariah Vol. 1 No. 2 (2023)
Publisher : Fakultas Syariah UIN Prof. K.H. Saifuddin Zuhri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/eluqud.v1i2.7953

Abstract

This article discuss the thought of Wahbah al-Zuhaili-as a representation of a personjurist-on intellectual property rights. In Indonesia, violations of intellectual property rights continue to occur even after laws and regulations have regulated them. Even some religious groups consider that plagiarism of written works is permissible in religion. Even though Islam itself regulates and maintains individual rights in such a way through the concept of property rights. Islamic law in the early period did not mention intellectual property rights directly. Wahbah al-Zuhaili in his work discussed haq al-ta’lif (the right of a work). Therefore, to analyze this, the researcher used a library research method with a normative approach. Researcher found that the relevance of the concept haq al-ta'lif with the protection of Intellectual Property Rights in general is first, intellectual property rights recognized by law are protected personal rights advice' even when a country's laws do not provide for it. Second, plagiarizing and disseminating (commercializing) without the rights owner's permission is tyranny which is a vice. Third, the owner of the right has the right to confiscate and stop the production of the perpetrators. Fourth, the owner of the right is entitled to compensation for moral and material losses for the stolen work. Fifth,a work can be used by other parties with the existence of an agreement on a certain object with a specified time.
Lelang Aset Digital melalui Non-Fungible Token dalam Perspektif Hukum Ekonomi Syariah Sifa Barokah Aini
el-Uqud: Jurnal Kajian Hukum Ekonomi Syariah Vol. 1 No. 2 (2023)
Publisher : Fakultas Syariah UIN Prof. K.H. Saifuddin Zuhri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/eluqud.v1i2.8304

Abstract

Lelang melalui Non-fungible Token (NFT) merupakan fenomena yang cukup baru yang terjadi di era digital, sehingga perlu dicarikan standar hukumnya. Dalam lelang melalui Non-fungible Token pembeli hanya melakukan penawaran melalui website dan dikenakan biaya yang cukup tinggi untuk setiap penawarannya. Sedangkan pembayarannya menggunakan uang kripto (cryptocurrency). Kajian ini bersifat kualitatif dengan pendekatan normatif dalam menjawab permasalahan bagaimana hakikat lelang aset digital melalui NFT dan bagaimana perspektif Hukum Ekonomi Syariah. Kajian ini berkesimpulan bahwa jual beli benda digital sebenarnya tidaklah dilarang, termasuk jual beli NFT dengan teknologi blockchain yang kecanggihannya dapat menyimpan data tanpa bisa dihapus, sehingga dapat meminimalisir terjadinya pemalsuan. Namun karena undang-undang di Indonesia telah menetapkan rupiah sebagai alat pembayaran yang sah di negara Indonesia, maka jual beli aset digital dalam bentuk NFT menjadi tidak sah karena alat pembeliannya menggunakan cryptocurrency. Selain itu, lelang aset digital melalui NFT untuk saat ini juga dilarang bagi umat Islam karena Majelis Ulama Indonesia menetapkan hukum haram terkait penggunaan cryptocurrency disebabkan belum adanya underlying atau otoritas yang mengaturnya, sehingga mengandung unsur gharar, dharar dan qimar, yang dikhawatirkan tidak membawa maslahah bagi pengguna cryptocurrency sehingga diharamkan.
نظام القانون المدني وعلقاته بتطوير النظام الاقتصادي الإسلامي بإندونيسيا ‏ Nurul Azizah
el-Uqud: Jurnal Kajian Hukum Ekonomi Syariah Vol. 1 No. 2 (2023)
Publisher : Fakultas Syariah UIN Prof. K.H. Saifuddin Zuhri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/eluqud.v1i2.8472

Abstract

Indonesia adheres to a civil law system. However, in reality, several regulations in Indonesia are derived from Islamic law (Sharia) and customary law, which are part of the common law system. This article will discuss the relationship between the current civil law system in Indonesia and its connection to Islamic economic law in Indonesia, influenced by the common law system. The curriculum used for this study is the normative legal curriculum, with Indonesian legislation as the primary source of analysis. The result of this research indicates that civil law in Indonesia today does not appear to be purely civil law, as Indonesia draws from many sources, including customary law and Islamic law. Islamic law is a clear example of legislation in Indonesia that is adopted from the common law system, such as laws regarding marriage, endowments, and others. Many regulations stem from Islamic law, although they mainly serve as guidelines for judges in resolving family law disputes within the realm of Sharia economic matters. The implementation of Islamic Economic Law (KHES) by the Supreme Court Regulation No. 2 of 2008 is evidence of the connection between Indonesian law and Islamic Sharia, even from other countries. Some of its principles are derived from the Code of Justice, which was applied as the official law of the Ottoman Empire.
Akad Musyarakah Dari Teori Ke Praktik (Studi Kasus di Bank Syariah Mandiri KCP Majenang) Imron Hamzah
el-Uqud: Jurnal Kajian Hukum Ekonomi Syariah Vol. 1 No. 2 (2023)
Publisher : Fakultas Syariah UIN Prof. K.H. Saifuddin Zuhri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/eluqud.v1i2.8632

Abstract

One of the solutions to avoid usury practices in banking is the implementation of the musyarakah contract. Among the banks that have applied the musyarakah contract is Bank Syariah Mandiri at its branch office in Majenang, located at Jalan Diponegoro No. 60, Majenang. However, in practice, it may not be possible to implement it 100% in accordance with the fiqh concept formulated by past scholars. There are several transformations of the fiqh concept, including in the form of musyarik, contract motifs, collateral requirements, types of business, profit-sharing distribution, profit-sharing ratios, the presence of penalties, musyarik's concern for the business being conducted, and the allocation of work. Some of these transformations have been legalized by the Fatwa of the National Sharia Board (DSN-MUI), such as collateral requirements, while others contradict the Fatwa of the DSN-MUI, such as in the event of losses in the business conducted. Additionally, some aspects align with the opinion of a contemporary scholar, particularly regarding the division of labor.

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