Jurnal Sharia, Economica, M. N. Ardli, Reza Hilmy Luayyin, Moh. Arifin, Institut Ahmad, Dahlan Probolinggo, Kata Kunci
This research aims to analyze the handling of sharia economic disputes by passing through non-litigation channels with a Maslaḥaḥ asy-Syatibiyy perspective. This research is included in library research using a qualitative descriptive approach. Data collection is obtained through primary and secondary literature review. Data analysis is carried out by normative juridical analysis. then after in-depth analysis, conclusions are drawn. The results of this study indicate that 1) When we try to determining Maslaḥaḥ ash-Syatibiyy said that Maslaḥaḥ should be acceptable to reason and logic, because there is a rational factor. Maslaḥaḥ must be accepted without looking at reasons on the illat, namely on the rules of worship, must not conflict with Shara or qat'i evidence. So that This Maslaḥaḥ must go hand in hand with the purpose of shara, namely maqashid sharia in general,must also go hand in hand with Maslaḥaḥ which is required by shara even though there is no separate evidence, then Maslaḥaḥ which must lift the hardship that emphasizing religion 2) Maslaḥaḥ can be applied or in relevance to the resolution of Islamic economic disputes through non-court channels, namely peace and through the help of mediators because this can provide Maslaḥaḥ because Islam teaches to prioritize peace when there is a dispute between the parties but this is not the case. disputes between the parties but this only applies in the field of This only applies to the field of muamalah or sharia economics again if it relates to worship. 3) The correlation between handling Sharia economic disputes through non-litigation avenues and the concept of Maslaḥaḥ reveals a close relationship between the two. The resolution of Sharia economic disputes through non-litigation methods, such as mediation or negotiation, is often based on fundamental Maslaḥaḥ principles, which emphasize the importance of achieving welfare and justice in Islam
{"title":"Handling Sharia Economic Disputes Through Non-Litigation and Its Relation to Maslaḥaḥ","authors":"Jurnal Sharia, Economica, M. N. Ardli, Reza Hilmy Luayyin, Moh. Arifin, Institut Ahmad, Dahlan Probolinggo, Kata Kunci","doi":"10.46773/jse.v3i1.1108","DOIUrl":"https://doi.org/10.46773/jse.v3i1.1108","url":null,"abstract":"This research aims to analyze the handling of sharia economic disputes by passing through non-litigation channels with a Maslaḥaḥ asy-Syatibiyy perspective. This research is included in library research using a qualitative descriptive approach. Data collection is obtained through primary and secondary literature review. Data analysis is carried out by normative juridical analysis. then after in-depth analysis, conclusions are drawn. The results of this study indicate that 1) When we try to determining Maslaḥaḥ ash-Syatibiyy said that Maslaḥaḥ should be acceptable to reason and logic, because there is a rational factor. Maslaḥaḥ must be accepted without looking at reasons on the illat, namely on the rules of worship, must not conflict with Shara or qat'i evidence. So that This Maslaḥaḥ must go hand in hand with the purpose of shara, namely maqashid sharia in general,must also go hand in hand with Maslaḥaḥ which is required by shara even though there is no separate evidence, then Maslaḥaḥ which must lift the hardship that emphasizing religion 2) Maslaḥaḥ can be applied or in relevance to the resolution of Islamic economic disputes through non-court channels, namely peace and through the help of mediators because this can provide Maslaḥaḥ because Islam teaches to prioritize peace when there is a dispute between the parties but this is not the case. disputes between the parties but this only applies in the field of This only applies to the field of muamalah or sharia economics again if it relates to worship. 3) The correlation between handling Sharia economic disputes through non-litigation avenues and the concept of Maslaḥaḥ reveals a close relationship between the two. The resolution of Sharia economic disputes through non-litigation methods, such as mediation or negotiation, is often based on fundamental Maslaḥaḥ principles, which emphasize the importance of achieving welfare and justice in Islam","PeriodicalId":503017,"journal":{"name":"JSE: Jurnal Sharia Economica","volume":"184 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140484332","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
M. Arifin, Reza Hilmy Luayyin, Fia Ayuning Pertiwi
Buying and selling is a binding agreement between an individual and another individual to exchange goods or assets according to the agreement of both. Through buying and selling transactions, people can provide assistance to each other, strengthen a sense of brotherhood, and create harmonious relationships between people. The validity of a sale and purchase transaction can be indicated by the acceptance of the agreement and the fulfillment of the contract and the specified conditions, one of which is the obligation to deliver and pay the price. On the other hand, Civil Code Article 1458 states that a sale and purchase can be recognized as valid even though the goods have not been delivered and payment has not been made. The purpose of this study is to identify the validity of a sale according to the views of fiqh muamalah and the Civil Code, as well as to highlight the similarities and differences between the two. The research method used is the comparative descriptive method, which aims to describe the validity of a sale and purchase based on the views of the Civil Code and Islamic law. Data were collected through literature studies with a qualitative approach. The results of this study conclude that, first, the validity of buying and selling in the view of fiqh muamalah is determined by the presence of the seller and buyer, the existence of money and goods being traded, the benefits of the transaction, the condition of the goods that can be delivered, and the knowledge of the seller and buyer about the material, shape, size, and nature of the goods. Second, according to the Civil Code, a sale and purchase is considered valid with an agreement between the parties involved. Third, the similarities found are the importance of consensus or agreement in a sale and purchase transaction, as well as the prohibition of coercion and fraud. In addition, the sale and purchase contract must be carried out by parties who have reached the age of majority, and the goods being traded must be in accordance with applicable regulations. However, there are fundamental differences between the views of muamalah fiqh and the Civil Code. According to Islamic law, a valid sale involves the obligation of delivery and acceptance of the goods by the buyer. On the other hand, the Civil Code permits a sale and purchase in the absence of delivery of goods and payment that has not been made. In Islamic law, the agreement of words alone is not enough, but also requires harmony and meeting certain conditions. Whereas in the Civil Code, the validity of a sale and purchase is achieved only by the occurrence of a contract without considering other aspects
{"title":"ANALISIS KEABSAHAN JUAL BELI PERSPEKTIF EKONOMI ISLAM DAN KUH PERDATA","authors":"M. Arifin, Reza Hilmy Luayyin, Fia Ayuning Pertiwi","doi":"10.46773/jse.v3i1.805","DOIUrl":"https://doi.org/10.46773/jse.v3i1.805","url":null,"abstract":"Buying and selling is a binding agreement between an individual and another individual to exchange goods or assets according to the agreement of both. Through buying and selling transactions, people can provide assistance to each other, strengthen a sense of brotherhood, and create harmonious relationships between people. The validity of a sale and purchase transaction can be indicated by the acceptance of the agreement and the fulfillment of the contract and the specified conditions, one of which is the obligation to deliver and pay the price. On the other hand, Civil Code Article 1458 states that a sale and purchase can be recognized as valid even though the goods have not been delivered and payment has not been made. The purpose of this study is to identify the validity of a sale according to the views of fiqh muamalah and the Civil Code, as well as to highlight the similarities and differences between the two. The research method used is the comparative descriptive method, which aims to describe the validity of a sale and purchase based on the views of the Civil Code and Islamic law. Data were collected through literature studies with a qualitative approach. The results of this study conclude that, first, the validity of buying and selling in the view of fiqh muamalah is determined by the presence of the seller and buyer, the existence of money and goods being traded, the benefits of the transaction, the condition of the goods that can be delivered, and the knowledge of the seller and buyer about the material, shape, size, and nature of the goods. Second, according to the Civil Code, a sale and purchase is considered valid with an agreement between the parties involved. Third, the similarities found are the importance of consensus or agreement in a sale and purchase transaction, as well as the prohibition of coercion and fraud. In addition, the sale and purchase contract must be carried out by parties who have reached the age of majority, and the goods being traded must be in accordance with applicable regulations. However, there are fundamental differences between the views of muamalah fiqh and the Civil Code. According to Islamic law, a valid sale involves the obligation of delivery and acceptance of the goods by the buyer. On the other hand, the Civil Code permits a sale and purchase in the absence of delivery of goods and payment that has not been made. In Islamic law, the agreement of words alone is not enough, but also requires harmony and meeting certain conditions. Whereas in the Civil Code, the validity of a sale and purchase is achieved only by the occurrence of a contract without considering other aspects","PeriodicalId":503017,"journal":{"name":"JSE: Jurnal Sharia Economica","volume":"74 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140481808","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Rahn, or pawn in Arabic, is a financial transaction that involves the delivery of goods as collateral for financing facilities. In the context of Indonesian law, pawn is regulated as a legal right obtained by the debtor over movable assets. In the dynamics of obligations, especially in Indonesia, there are conventional and sharia pawn, with the existence of these differences, it certainly requires a comprehensive understanding of the dynamics of obligations in Indonesia about their differences and similarities. By using the literature research method (library research) which relies on data or information that exists in the literature such as journals, books, newspapers, and other documents. descriptive analysis is used in this study to explain in detail or describe the phenomenon that is happening or has happened. This method helps in understanding the concepts related to the analysis of amanah product financing at the sharia pawn unit and the relevance of rahn with the dynamics of sharia obligations in Indonesia. Rahn, or pawn, has an important role in providing guarantees for loans given, with sharia principles that must be obeyed. Sharia pawn aims to provide financing in accordance with sharia principles, such as the prohibition of riba (interest) and unethical business practices, as well as increasing financial inclusion in Indonesia. the difference between conventional and sharia pawn, including in terms of legal basis, pawn actors, agreement letters, pawn agreements, benefits of pawn recipients, capital rental rates, and handling of auction money. Although the concept and way of working of conventional and sharia pawn have similarities, there are also significant differences, especially in terms of the interest system that is not in accordance with sharia principles. sharia pawn has a strategic role in encouraging financial inclusion, economic growth, and increasing public awareness and understanding of sharia finance. By adhering to sharia principles, sharia pawn provides alternative financing that is in accordance with Islamic beliefs and values, thus providing a positive impact for the Indonesian people as a whole. Keywords: pawn or collateral,sharia pawn or rahn,conventional pawn,Dynamics of sharia agreements
{"title":"ANALISIS RELEVANSI RAHN DENGAN DINAMIKA PERIKATAN SYARIAH DI INDONESIA","authors":"Ana Billah","doi":"10.46773/jse.v3i1.1077","DOIUrl":"https://doi.org/10.46773/jse.v3i1.1077","url":null,"abstract":"Rahn, or pawn in Arabic, is a financial transaction that involves the delivery of goods as collateral for financing facilities. In the context of Indonesian law, pawn is regulated as a legal right obtained by the debtor over movable assets. In the dynamics of obligations, especially in Indonesia, there are conventional and sharia pawn, with the existence of these differences, it certainly requires a comprehensive understanding of the dynamics of obligations in Indonesia about their differences and similarities. By using the literature research method (library research) which relies on data or information that exists in the literature such as journals, books, newspapers, and other documents. descriptive analysis is used in this study to explain in detail or describe the phenomenon that is happening or has happened. This method helps in understanding the concepts related to the analysis of amanah product financing at the sharia pawn unit and the relevance of rahn with the dynamics of sharia obligations in Indonesia. Rahn, or pawn, has an important role in providing guarantees for loans given, with sharia principles that must be obeyed. Sharia pawn aims to provide financing in accordance with sharia principles, such as the prohibition of riba (interest) and unethical business practices, as well as increasing financial inclusion in Indonesia. the difference between conventional and sharia pawn, including in terms of legal basis, pawn actors, agreement letters, pawn agreements, benefits of pawn recipients, capital rental rates, and handling of auction money. Although the concept and way of working of conventional and sharia pawn have similarities, there are also significant differences, especially in terms of the interest system that is not in accordance with sharia principles. sharia pawn has a strategic role in encouraging financial inclusion, economic growth, and increasing public awareness and understanding of sharia finance. By adhering to sharia principles, sharia pawn provides alternative financing that is in accordance with Islamic beliefs and values, thus providing a positive impact for the Indonesian people as a whole. \u0000Keywords: pawn or collateral,sharia pawn or rahn,conventional pawn,Dynamics of sharia agreements","PeriodicalId":503017,"journal":{"name":"JSE: Jurnal Sharia Economica","volume":"48 13","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140480485","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Kinalizade Ali Çelebi was a prominent scholar of the Ottoman Empire. During that time, he taught in several schools and served as a magistrate in a number of administrative centers. Kinalizade Ali Çelebi was a multifaceted scholar who contributed to science and published works on philosophy, religion, Sufism, ethics, history, language, and literature. Kinalizade Ali Çelebi's book, Ahl al-'Alaī, provides a comprehensive discussion of Islamic ethics and economics. Other works, however, have persisted to the present day in the form of manuscripts that have not been subjected to scientific investigation. This report aims to inform future research on the critical edition and publication of Kinalizade Ali Çelebi's manuscripts. This paper will help promote Kinalizade Ali Çelebi's philosophical work. This qualitative descriptive research analyzes Kinalizade Ali Çelebi's thought and related material. This paper explores the foundations of Kinalizade Ali Çelebi's Islamic Economic Philosophy
Kinalizade Ali Çelebi 是奥斯曼帝国的著名学者。在此期间，他曾在多所学校任教，并在多个行政中心担任地方行政官。Kinalizade Ali Çelebi 是一位多方面的学者，他对科学做出了贡献，并出版了有关哲学、宗教、苏菲派、伦理学、历史、语言和文学的著作。Kinalizade Ali Çelebi 的著作《Ahl al-'Alaī》全面论述了伊斯兰伦理和经济学。然而，其他作品则以手稿的形式流传至今，尚未经过科学研究。本报告旨在为今后对 Kinalizade Ali Çelebi 的手稿进行批判性编辑和出版的研究提供信息。本文将有助于宣传 Kinalizade Ali Çelebi 的哲学著作。本定性描述研究分析了 Kinalizade Ali Çelebi 的思想和相关资料。本文探讨了 Kinalizade Ali Çelebi 伊斯兰经济哲学的基础
{"title":"ISLAMIC ECONOMY PHILOSOPHY IN KINALIZADE ALI ÇELEBI PERSPECTIVE","authors":"Jurnal Sharia, Economica, Rifqi Khairul Anam","doi":"10.46773/jse.v3i1.1104","DOIUrl":"https://doi.org/10.46773/jse.v3i1.1104","url":null,"abstract":"Kinalizade Ali Çelebi was a prominent scholar of the Ottoman Empire. During that time, he taught in several schools and served as a magistrate in a number of administrative centers. Kinalizade Ali Çelebi was a multifaceted scholar who contributed to science and published works on philosophy, religion, Sufism, ethics, history, language, and literature. Kinalizade Ali Çelebi's book, Ahl al-'Alaī, provides a comprehensive discussion of Islamic ethics and economics. Other works, however, have persisted to the present day in the form of manuscripts that have not been subjected to scientific investigation. This report aims to inform future research on the critical edition and publication of Kinalizade Ali Çelebi's manuscripts. This paper will help promote Kinalizade Ali Çelebi's philosophical work. This qualitative descriptive research analyzes Kinalizade Ali Çelebi's thought and related material. This paper explores the foundations of Kinalizade Ali Çelebi's Islamic Economic Philosophy","PeriodicalId":503017,"journal":{"name":"JSE: Jurnal Sharia Economica","volume":"5 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140485604","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Jurnal Sharia, Economica, Reza Hilmy Luayyin, M. Arifin, M. N. Ardli, Stai Muhammadiyah, Probolinggo
Many communities still misconception the concept of Islamic economics. In fact, a significant portion of the Muslim population itself is somewhat unfamiliar with the terms associated with Islamic economics. The terms "Qaṣd" or "al-Iqtiṣâd," which form the basis for translating economics in Islam, remain a subject of debate among experts. The definition of "Qaṣd" or "al-Iqtiṣâd" serves as the foundation for the economic thought of scholars. The Islamic economic system is derived from the Qur'an, serving as the fundamental basis for Muslims. This research utilizes a qualitative descriptive approach, employing normative analysis and falling under the category of literature-based research. The study focuses on examining the fundamental meaning of economics in Islam and its correlation with contemporary economics. The results from data analysis and discussions indicate: 1) The meaning of "Qaṣd" or "al-Iqtiṣâd" in the Qur'an has four dimensions, namely simplicity, straightness, moderation (justice), and proximity (not too distant). 2) The concept of contemporary Islamic economics implies that the Islamic economic system is grounded in Sharia to construct the worldview of individuals, policies, and goals different from the dominating capitalist and sociological (communist) economic systems. 3) The correlation of the terms "Qaṣd" or "al-Iqtiṣâd" with contemporary economics is inherent in the Islamic economic system itself, which should ideally be ingrained in economic activities and be based on values or divine norms as the foundation for all aspects of life. When divine norms or values serve as the foundation, balance and prosperity in both the worldly and the hereafter can be achieved.
{"title":"MAKNA “AL-IQTIṢÂD ” DAN KORELASINYA DENGAN EKONOMI KONTEMPORER (TELA’AH AYAT-AYAT EKONOMI)","authors":"Jurnal Sharia, Economica, Reza Hilmy Luayyin, M. Arifin, M. N. Ardli, Stai Muhammadiyah, Probolinggo","doi":"10.46773/jse.v3i1.1086","DOIUrl":"https://doi.org/10.46773/jse.v3i1.1086","url":null,"abstract":"Many communities still misconception the concept of Islamic economics. In fact, a significant portion of the Muslim population itself is somewhat unfamiliar with the terms associated with Islamic economics. The terms \"Qaṣd\" or \"al-Iqtiṣâd,\" which form the basis for translating economics in Islam, remain a subject of debate among experts. The definition of \"Qaṣd\" or \"al-Iqtiṣâd\" serves as the foundation for the economic thought of scholars. The Islamic economic system is derived from the Qur'an, serving as the fundamental basis for Muslims. This research utilizes a qualitative descriptive approach, employing normative analysis and falling under the category of literature-based research. The study focuses on examining the fundamental meaning of economics in Islam and its correlation with contemporary economics. The results from data analysis and discussions indicate: 1) The meaning of \"Qaṣd\" or \"al-Iqtiṣâd\" in the Qur'an has four dimensions, namely simplicity, straightness, moderation (justice), and proximity (not too distant). 2) The concept of contemporary Islamic economics implies that the Islamic economic system is grounded in Sharia to construct the worldview of individuals, policies, and goals different from the dominating capitalist and sociological (communist) economic systems. 3) The correlation of the terms \"Qaṣd\" or \"al-Iqtiṣâd\" with contemporary economics is inherent in the Islamic economic system itself, which should ideally be ingrained in economic activities and be based on values or divine norms as the foundation for all aspects of life. When divine norms or values serve as the foundation, balance and prosperity in both the worldly and the hereafter can be achieved.","PeriodicalId":503017,"journal":{"name":"JSE: Jurnal Sharia Economica","volume":"162 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140484347","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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