Tawazun : Journal of Sharia Economic Law最新文献

There has been a change in Islamic law in interpreting game play in society when the Eid celebration takes place and has made it a tradition. Changes in the law in the form of ignoring the rules of Islamic law regarding qimar (gambling). The purpose of this study is to explore how the process of partial abandonment of Islamic law is related to the implementation of the tasks of the community subsystem, namely Islamic economics and explore its influence on the abandonment of Islamic law. The method used is qualitative with a case study approach. Sources of data by looking at the social situation about the game to the point of boredom, data collection techniques through in-depth interviews with interview guides addressed to informants in the form of contract actors, as well as religious leaders, in addition to observation and analysis using qualitative descriptive analysis. The results of the study explain that first; The community plays games as a means of enlivening the Eid celebration every year in one village, in addition to being a means of property ownership for the community in a village. Second, there is a partial regress, especially in the form of disclaiming Islamic economic rules, so that the function of Islamic law as a comprehensive social control cannot be achieved. The implication of this research is the view of betting-style game play and then being raffle into a new and cultivated habit.

This research aims to analyze the implementation and existence of khiyar in buying and selling transactions through marketplaces. This study uses a qualitative approach with a descriptive analysis method. The results of this study indicate that in practice, buying and selling transactions through marketplaces have implemented khiyar. However, in terms of knowledge and literacy, both buyers and sellers have not fully understood khiyar. Some factors or obstacles that hinder the implementation of khiyar in buying and selling transactions through marketplaces include laziness, lengthy processes of product or fund returns, lack of socialization about religious knowledge, neglect of contractual obligations in buying and selling, and lack of awareness and empathy. The position of the concept of khiyar in modern times is relative. The existence of khiyar can be known through the position of the buying and selling contract. Khiyar is considered as a complementary condition, which means that the presence or absence of khiyar in the buying and selling contract does not affect the validity of the contract itself because khiyar cannot stand alone without the existence of the buying and selling contract as the main contract. However, khiyar is recommended as the best solution to strengthen the position of the contract, making it more ideal and achieving benefits for both parties involved in the transaction.

Non-Fungible Token (NFT) Is One Of The Most Popular Digital Assets Transacted By The Global Community. This Phenomenon Is Increasingly Popular With The News That Ghazali Is Able To Earn Billions Of Rupiah. The NFT Phenomenon Attracts Researchers To Conduct An Analysis Related To The Transaction Law In It And Its Validity According To The Four Madhhab Muamalah Fikh. This Research Uses A Literature Study Approach By Collecting Data And Information Related To NFT And The Views Of Several Scholars Regarding The Pillars Of Buying And Selling Contracts (Bay') Which Include: NFT As Ma'qud 'Alaih, Cryptocurrency As Tsaman Or Mal, Sellers And Buyers, and Contract Shighat. This Study Resulted In Two Findings: A) NFT Is A Mal Maknawi In The Fikih Mu'amalah Review And B) NFT Transactions Are Legally Valid Because They Have Fulfilled All The Requirements And Pillars Of A Buying And Selling Contract (Bay'): NFT As A Mall Meaning, Cryptocurrency As A Transaction Tool In NFT (Tsaman) And Entering Into A Hiwalah Contract, Two Actors (Al-'Aqidan), And Contract Shighat.

The purpose of this research is to know the sales system and implementation of istishna’ contract in the furniture industry in du putra jati furniture jepara. This study uses a qualitative type of research with an emphasis on the results of data collection from the specified informants which are descriptive with the approach used is the Islamic economics approach and the phenomenological approach. This research was conducted at CV Dua Putra Jati Jepara city. Data collection methods include observation, interviews, and document review. Data analysis techniques used are data reduction, data presentation and verification. Informants and respondents from the study include the owner of the CV Dua Putra Jati Furniture Jepara, employees and customers. The results of this study indicate that the Furniture Industry sales system at CV Dua Putra Jati Furniture begins with receiving orders from consumers via telephone, SMS or WhatsApp with specifications determined by the buyer regarding the size, model and price agreement with the Down Payment (DP) payment system by the maker by 50 percent and the rest is paid off when the goods are finished in work. Products that have been completed in the work will be checked first before being delivered to consumers accompanied by a sales invoice (invoice). Implementation of the istishna’ contract in the sales system at CV Dua putra Jati Furniture Jepara has complied with the principles of buying and selling istishna’ contracts, ordering and payment systems made in accordance with the ordering and payment system in the istishna’ contract.

Cash waqf has great potential, but many challenges and threats are faced in the framework of developing this islamic social financial instrument. and the purpose of this research is to answer the problem: what are the problems faced in the framework of developing cash waqf in indonesia? what are the solutions and strategies that must be implemented in the long-term strategic framework? with the IFAS EFAS matrix and swot method approaches, we will try to answer some of these questions and find solutions. the results of the evaluation of internal factors indicate that the highest weaknesses are the lack of socialization to the community and the lack of professional nazhir human resources. the results of the evaluation of external factors (EFE) show that what is considered a threat is the relatively weak political will of the authority holders followed by the majority of nazhir who are still traditional in waqf management in general. after knowing the important factors above, a cash waqf development strategy in indonesia uses the SWOT analysis is as follows: (a) transparency and accountability of waqf institutions, (b) improving the quality of nazhir cash waqf managers, (c) innovative marketing strategies from waqf institutions and (e) support for waqf regulations. the next priority strategies are: (d) development of waqf educational institutions, and (g) technology and computerization of waqf management. the last but not least is (f) update and validation related to waqf and cash waqf data.

The purpose of this study is to find out how the Tiktok shop live streaming hosting service remuneration system is based on the perspective of Michel Foucault's power relations theory and the ijarah contract. The type of research used is field research with qualitative methods and uses a descriptive analysis approach. Data collection techniques by way of observation and interviews. Data findings in the form of research facts that are logically and systematically outlined and then analyzed are used as conclusions from the research. The results of this study are the power relations that occur between the employees of the live streaming Tiktok shop host and the owner of the Gemaz Salatiga Shop in line with the power relations theory coined by Michel Foucault regarding power and knowledge. This is evidenced by the behavior and decisions that are applied by the owner of the Gemaz Salatiga Store to employees such as determining the work system, working time and determining the wage system. Then the analysis uses the ijarah contract, the Tiktok shop live streaming host fee system is included in the ijarah al-amal contract. Judging from the terms and pillars of the ijarah contract, the Tiktok shop live streaming host fee system has been fulfilled. However, the principle of fairness should be a reference for the rulers of live host streaming services.

Slaughtering an animal in Islamic law is a way to get rid of the animal's soul by cutting the neck, esophagus and throat as well as the two arteries with a sharp instrument or other methods justified by Islamic law. Because the meat of slaughtered animals must be halal in the process as well. To realize the halal way of slaughtering, it is necessary to have education in the form of socialization and training by Halal Slaughtering Experts. The role of this expert is very important to make this happen. In this study, the researcher aims to find out the role of the Halal Slaughterperson (JULEHA) in Maintaining the Halal Slaughter Meat and the Competence of the Halal Slaughterperson from the Perspective of Islamic Law. The results of this study show that the Halal Slaughterer plays a very important role in maintaining the halalness of Slaughtered Meat by providing education, outreach, training and the practice of Slaughtering that is syar'i. This affects the blessings in the economy according to sharia.

Financial technology not only uses a conventional system but also uses a sharia system where one of the contracts is to use a mudharabah contract or the principle of profit sharing. The mudharabah contract itself is part of mu'amalah which of course when it comes to getting a strong argument according to sharia, it must be based on the verses of the Qur'an by understanding the interpretation, especially regarding the interpretation of the muamalah verse. This article aims to discuss the mudharabah contract and its relevance to modern conditions, namely transactions with Islamic financial technology based on the muamalah verse. The research method used is normative research with a qualitative approach. The results of this study are that the mudharabah contract is related to several verses of mu'amalah interpretation, namely Q.S Al-Baqarah: 278-280 and Q.S. An-Nisa: 29 which implies that muamalah transactions must avoid things that are forbidden, one of which is usury. The mudharabah contract is also one of the solutions in the sharia economic system so that transactions do not contain harm and falsehood and the parties in the transaction must like each other (an-tharadhin). The relevance of the Mudharabah Agreement with Modern Transactions is in Sharia Financial Technology where by using sharia principles it can lead to the benefit of the people and avoid harm.

This study aims to determine the basis for Alternative Dispute Resolution (APS) which includes mediation, negotiation, conciliation, and arbitration in Islamic law taken from the Qur'an and Al-Hadith. The essence of the problem to be revealed in this study is to find models of Dispute Resolution at the time of the Prophet Muhammad SAW. The research method used in this study is a literature study research model by relying on books, articles, journals, and turots as sources of research data. The results of this study found that at the time of the Prophet Muhammad SAW had encountered the practice of resolving disputes through Alternative Dispute Resolution (APS). This is proven by, first, the finding of the arguments for negotiation, mediation, conciliation and arbitration from the Qur'an and Hadith, secondly, the prophet Muhammad SAW negotiated with Suhail Bin 'Amr as a negotiator for the polytheists in the form of a hudaibiyah agreement, the three prophets Muhammad SAW became a mediator in reconciling two people from the ansor circles who were in dispute over material rights, fourth it was found that the prophet Muhammad SAW justified the arbitration carried out by Abu Shuraykh and Sa'ad Bin Muadz.