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Centre for Adat and Legal Studies of Aceh Province (CeFALSAP) Jl. Tuan Dibaroh No.2 Ie Masen Uleekareng, Banda Aceh, Indonesia 23117
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JURISTA : Jurnal Hukum dan Keadilan
Published by Centre for Adat and Legal Studies of Aceh Province
ISSN : 19798571     EISSN : 25798642     DOI : https://doi.org/10.1234/jurista.v7i1
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
JURISTA: Jurnal Hukum dan Keadilan (JJHK), with ISSN No. 2579-8642 is a double-blind peer-reviewed journal that is published by the Centre for Adat and Legal Studies of Aceh Province (CeFALSAP), Indonesia. JJHK has the duty to publish original works of interest to the discipline of law in general, new theoretical developments, results of research that advance understanding of fundamental social processes, and important methodological innovations. All areas of law and social science are welcome in the Jurista Journal. The emphasis is on exceptional quality and general interest, including law, the development of law, socio-legal studies, political law, and other topics related to social science. JJHK has been issued two times in a year, in June and December. Jurista publishes articles engaging with a variety of theoretical debates in law including: Anthropological law Business law Comparative law Customary law Criminal law Environmental law studies History of law Islamic law International law Politics and law Private law Literature and law Marriage and gender issue Sociological law Sharia economic law Social science
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
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Search results for , issue "Vol. 7 No. 2 (2023): JURISTA: JURNAL HUKUM DAN KEADILAN" : 5 Documents clear
THE APPLICATION OF MURABAHAH CONTRACTS IN THE INSTALMENT SERVICES OF DHUAFA PARTNER COOPERATIVES IN INDONESIA Saifullah Ali; Zalva Amalia; Yusriaina Yusuf
JURISTA: Jurnal Hukum dan Keadilan Vol. 7 No. 2 (2023): JURISTA: JURNAL HUKUM DAN KEADILAN
Publisher : Centre for Adat and Legal Studies of Aceh Province (CeFALSAP)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.1234/jurista.v7i2.70

Abstract

This article aims to examine the application of Murabahah contract in Mitra Dhuafa Cooperative, in Kembang Tanjung District, Pidie Aceh, Indonesia. This study is written with a conceptual approach, namely with the type of research is doctrinal legal research. The results showed that the procedure for applying the murābaḥah contract for instalment services of Mitra Dhuafa Cooperative in Lancang Village, Kembang Tanjung District was carried out in two stages. Firstly, members apply for financing with the conditions that they must be women with low income, a group of at least 10 members, business financing, with the permission of their husbands or family members, complete photocopies of KTP, KK, details of the items to be purchased. Secondly, the implementation of the murābaḥah contract. At this stage two contracts are executed, first the wakalah contract, which is the cooperative representing the purchase of goods to members on behalf of the cooperative, followed by the murābaḥah sale and purchase contract. The implementation of the murābaḥah contract is in accordance with Sharia principles, without any elements of usury, gharar, maisir and zhulm. Nevertheless, Mitra Dhuafa Cooperative needs to pay attention to the members, must understand the process of the contract mechanism used, then members so that they carry out all their obligations in fulfilling the instalments.
ANALYSIS OF THE PERMISSIBILITY OF BAI' AL-'INAH TRANSACTIONS ACCORDING TO THE SHAFI'I SCHOOL OF THOUGHT AND ITS IMPLEMENTATION IN MALAYSIA Alif Cahya Setiyadi; Sakiinah Mohammad Aris
JURISTA: Jurnal Hukum dan Keadilan Vol. 7 No. 2 (2023): JURISTA: JURNAL HUKUM DAN KEADILAN
Publisher : Centre for Adat and Legal Studies of Aceh Province (CeFALSAP)

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Abstract

This research aims to study the analysis of the ability of the bai' al-'inah contract according to the Syafi'i school and also how it is implemented in Malaysia. The author uses the qualitative research method of the literature type. The research results found that the contract of bai' al-'inah allowed by Imam Shafi'i is a contract that is free from the element of riba and other elements that can prohibit it. Among the conditions set by Imam Syafi'i are that the two sales and purchase transactions contained in this bai' al-'inah must stand alone and not be related to each other so that the second transaction is a condition for the first transaction. The Syariah Advisory Council (MPS) in Malaysia decided to allow bai' al-'inah based on the opinion brought by Imam Syafi'i. In the decision that has been issued, MPS states the conditions that must be followed by Islamic Banking Institutions in Malaysia that apply bai' al-'inah in their products. Among them are the two purchase and sale contracts, which must be clear and carried out separately; there is no repurchase condition in the contract, the time for the confirmation of the two contracts is different, and the transfer of ownership of assets is clear. This research concludes that the bai' al-'inah contract practised in Malaysia is permissible, according to Imam Syafi'i's opinion.
ANALYSIS OF THE ELEMENT OF USURY IN SHARIA ONLINE FINANCING: A case study in Alami Syariah and Investree Online Financing Company of Indonesia Siti Sarah; Ali Abubakar; Fraz Ahmed
JURISTA: Jurnal Hukum dan Keadilan Vol. 7 No. 2 (2023): JURISTA: JURNAL HUKUM DAN KEADILAN
Publisher : Centre for Adat and Legal Studies of Aceh Province (CeFALSAP)

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Abstract

Sharia online financing is guaranteed by the Financial Services Authority by referring to the DSN MUI Fatwa on Financing Services Based on Financial Information Technology Based on Sharia Principles, which avoids usury, gharar, maysir and tadlis. The purpose of this research is to find out how the mechanism of sharia online financing services and to find out how the analysis of the elements of usury in sharia online financing on its suitability with the DSN-MUI Fatwa on Financing Services. This research method is empirical juridical, where primary data is obtained from interviews. While secondary data is obtained from reference sources related to this research. The results showed that the additional element at the time of returning the financing on the Alami and Investree applications was not categorised as usury (interest). In the transaction, this addition is an ujrah / fee that will be received by the parties for their services, as implemented by Alami Sharia and Investree Syariah online financing where there are funding providers and funding recipients who authorise these online financing platforms to transfer receivables settlement. On the basis of marketplace services that have brought the two parties together, the Alami and Investree platforms are entitled to an ujrah of 1% - 5% for fees for their services, the lender/funder is also entitled to a profit / ujrah from the funds provided to be managed by the borrower, the margin / ujrah that can be obtained is 12% - 20% effective p.a. according to the level of risk and the term chosen at the time of financing
AN EXAMINATION OF THE EFFICACY OF ONLINE PAYMENT OF ZAKAT FITRAH BASED ON YUSUF AL-QARHDAWI’S THOUGHT Nora Tuddini; Muslim Abdullah; Abbas Pannakal
JURISTA: Jurnal Hukum dan Keadilan Vol. 7 No. 2 (2023): JURISTA: JURNAL HUKUM DAN KEADILAN
Publisher : Centre for Adat and Legal Studies of Aceh Province (CeFALSAP)

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Abstract

This research was conducted to find out how Zakat Fitrah payments are practiced online, and how Yusuf al-Qardhawi's opinion of Zakat fitrah legallity for being payed online. This study uses qualitative research methods with normative approaches or library research where data collection techniques are carried out by exploring theories that match the title. The results  found that paying Zakat Fitrah using both cash and online money is legitimate, because according to Yusuf Qardhawi issuing zakat fitrah through online applications with money transfers is more appropriate in our time today. Money is more practical and more useful. The money is better for the poor than the food. In addition, Yusuf Qardhawi also compared the Zakat Fitrah with the conditions of modern-day people who are more or less dependent on their needs with the money, with the condition of the people at the time of the descent of the zakat fitrah, the people of Medina who are not so familiar with the function of money.
SETTLEMENT OF DEFECTS IN MURABAHAH FINANCING AT BANK ACEH SYARIAH REGIONAL BIREUEN, INDONESIA Cut Afra; Nahara Eriyanti; Nasr Mohamed Arif
JURISTA: Jurnal Hukum dan Keadilan Vol. 7 No. 2 (2023): JURISTA: JURNAL HUKUM DAN KEADILAN
Publisher : Centre for Adat and Legal Studies of Aceh Province (CeFALSAP)

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Abstract

This research aims to investigate the procedure for addressing problems in murabahah finance resulting from debtor default. This study uses empirical juridical research methodology, which involves gathering data through interviews, document and report analysis, and other secondary sources. The research findings indicate that default is primarily caused by external factors, including the deteriorating business condition or failure of the customer's business, the customer's unfavourable character, and issues in the installment payment process such as delayed debt payments. The second cause pertains to an internal issue when the debtor fails to fulfil the promised payment within the agreed timeframe. In order to address this default, Bank Aceh Bireuen Branch conducted deliberations guided by the principle of justice (al-ilah) between the bank and the member responsible for the default, in accordance with the muamalah concept and relevant rules.

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