Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah

ISLAMIC LAW REVIEW OF MONOPOLY PRACTICES IN MODERN ECONOMICS

2025-01-13T06:43:25+08:00

This research aims to analyse how the mechanism of modern economic monopoly practices, and how its application can prevent harmful business practices, and support the creation of a fairer and more ethical market in accordance with Islamic teachings. This research uses a qualitative approach with a literature study method (library research). This approach was chosen because it is in accordance with the purpose of this research, which is to evaluate monopoly practices in the context of modern economics based on the perspective of Islamic law. The results show that the rapid development of the modern economy and the phenomenon of monopoly have become one of the issues that attract the attention of economists, legislators, and legal scholars, including Islamic legal experts. In the context of Islamic law, monopolies that harm the interests of society are considered immoral and prohibited, as they can lead to economic injustice and oppression of consumers. Islam emphasises the importance of fairness, balance and protection of individual rights in every economic transaction. Islamic law, through concepts such as hisbah (market supervision) and ihtikar (prohibition of hoarding goods to raise prices), prescribes those economic activities be conducted in a fair and transparent manner. Therefore, monopolistic practices that result in market imbalances and harm society should be avoided.

ANALYSIS OF A JUDGE'S DECISION ON DEFAULT AGAINST A LAND GRANT AGREEMENT FROM THE PERSPECTIVE OF A GRANT CONTRACT

2025-01-13T08:51:12+08:00

This article aims to analyse the judge's reasoning in Decision No. 3/Pdt.G/2023/PN.Jth regarding the default of a conditional land grant agreement between the plaintiff and the defendant. This case focuses on a land grant agreement that was made orally, with the condition that the plaintiff's child be appointed as a community service worker at the Puskeswan. The approach that the author uses is normative juridical research. The results showed that the judge considered the oral agreement invalid because it did not fulfil the applicable legal requirements, including the authority of the defendant in the appointment of community service personnel, as well as a violation of the principle of grants that must be made without compensation. As a result, the plaintiff's claim was rejected because there was no evidence or fulfilment of legal requirements. This research shows the importance of fulfilling legal requirements in conditional grants to prevent default

THE ROLE OF ISLAMIC FINANCIAL INSTITUTIONS IN PREVENTING ONLINE GAMBLING PRACTICES

2025-01-13T11:43:27+08:00

Islamic Financial Institutions, especially Islamic banks, are a form of business in the financial sector based on sharia principles, and are currently showing a positive growth trend in Indonesia. However, this poses a challenge for the Islamic banking industry to ensure compliance with applicable sharia provisions. Based on current facts, there are several online gambling sites that provide payment and withdrawal options through Islamic bank accounts. This is the problem and purpose of the research, namely how efforts to prevent online gambling practices through Islamic banks, the mechanism of the online gambling system and the elements contained in it, as well as the steps that can be used by Islamic banks to reduce the number of online gambling. The research method used is library research which collects various references from journal articles as reference material, library research relies on literature such as books, notes, or research reports from studies. Based on the results of the research, that in this problem there are two ways that can be used by Islamic banks to prevent online gambling practices, namely by using modern technology owned by the Islamic bank (internal) and cooperating with other authorities (external).

THE PRACTICE OF MONOPOLISING FISH PRICES ON TOKE BANGKU IN ISLAMIC ECONOMIC LAW’S PERSPECTIVE

2025-01-13T15:47:08+08:00

The practice of monopoly is a type of violation in bermuamalah because it will cause the market mechanism to be disrupted, so that producers will get a large profit, while consumers due to the hoarding action will take suffering or loss. So, the result of monopoly is very unjust, selfish, and irresponsible. TPI Lampulo is one of the biggest fish trading transaction places in Banda Aceh. The determination of fish price dominated by Toke Bangku, the price has been going on for a long time. It is shown that the sale and purchase is not based on willingness and is reasonable, while Toke Bangku to set the selling price of fish depends on the weather and market conditions. This research uses a descriptive method, and the data is analysed qualitatively. Data were collected based on field research and literature review. The results showed that the price applied by Toke Bangku was not so according to the fishermen because of the law of price, while Toke Bangku determined the selling price following the weather conditions at sea and the market. In the review of Acehnese customs, Toke Bangku's pricing is in accordance with the laws and customs since the time of the sultanate of Aceh. Meanwhile, according to the Islamic economic perspective, Toke Bangku and fishermen receive rewards in this world and the next. This indicates that the value of tawhid is always embedded in life.

ANALYSIS OF NEW PALM OIL LAND CLEARING PERMITS IN SUBULUSSALAM CITY FROM THE PERSPECTIVE OF MILK AL-DAULAH

2025-01-13T16:11:10+08:00

On the island of Sumatra, several provinces have made palm oil a superior commodity, including Aceh Province. Therefore, many people in the Subulussalam region and various parties want to invest in the palm oil agribusiness sector, as a result, various unproductive lands have turned into palm oil lands. The function of the forest, which is the lungs of the earth, is disrupted due to the use of forest areas that are converted into economic land, which of course has a long-term effect on the destruction of the forest itself, which makes the condition of the forest soil will also deteriorate due to the use of fertiliser substances. This study aims to examine and analyse the problem with theoretical and practical approaches regarding the use of the Leuser Forest Area (KEL) as land for oil palm plantations. The research method used is a qualitative research method with a descriptive-analytical approach, data collection techniques are carried out by interview and documentation as well as literature review and regulations related to this research. The results showed that the process of forest encroachment that occurred in the Leuser forest area in Subulussalam City was an illegal activity, because the community cleared oil palm land without going through licensing procedures. Currently, there are approximately 20,000 hectares of illegal oil palm land cleared by residents that have been disciplined. The review of the concept of milk al-daulah on the issue of new palm oil land clearing by the community in the Leuser Forest Area (KEL) is contrary to the concept of milk al-daulah.

THEORY AND LEGALITY OF MUDHARABAH FINANCING IN INDONESIAN ISLAMIC FINANCIAL INSTITUTIONS

2025-01-13T17:07:19+08:00

Islamic financial institutions continue to experience very rapid development, one of the contracts that is often carried out is the mudharabah contract and as a form of state law, legality and regulation are important things to create in order to have a strong foundation. The purpose of this article, to see the extent of legality and regulation in mudharabah contracts. the author uses library research methods (library research), this research is quantitative research and this research uses two types of legal materials, consisting of primary legal materials and secondary legal materials. The results found in this article, namely the legality and regulation under the protection of the state can be said to be very strong because this regulation is already contained in the legislation, the Fatwa of the National Sharia Council - Indonesian Ulema Council (DSN-MUI), and regulations from the Financial Services Authority (OJK) and in accordance with maqashid sharia, especially in protecting assets (Hifdzu Al-Maal) by avoiding things that are prohibited in muamalah which makes customers feel comfortable and not worried.

ANALYSIS OF THE DECISION OF THE LANGSA SYARIAH MAHKAMAH NO 355/Pdt.G/Ms.Lgs ON THE OWNERSHIP OF THE LEASING OBJECT BY THE LESSOR UNDER THE CONCEPT OF BA'I MURABAHAHAH

2025-01-14T09:09:05+08:00

This study analyzesthe decision of the Mahkamah Syariah Langsa No. 355/Pdt.G/Ms.Lgs regarding the repossession of leasing objects by the lessor in a bai’ murabahah contract. Sharia financing companies often utilize murabahah contracts in their operations, emphasizing transparency and fairness. However, this case highlights a violation of sharia principles due to the forced repossession of leasing objects without consultation or court orders. The study aims to evaluate the conformity of the lessor's actions with murabahah principles and Islamic economiclaw.This research employs a normative juridical approach with a descriptive-analytical method. Primary data is derived from the Mahkamah Syariah Langsa decision No. 355/Pdt.G/Ms.Lgs, while secondary data includes Islamic legal literature and relevant regulations. The analysis examines the pillars and conditions of murabahah contracts as well as the judges' considerations in theruling.The findingsrevealthatthe repossession of leasing objects was triggered by the debtor's default in installment payments. The lessor based their actions on a contractual clause granting full authority to execute the leased object. However, such actions contradict sharia principles, which require consultation or arbitration to resolve disputes. The court rejected the plaintiff's claim due to insufficient evidence of unlawful acts by the defendant. The repossession was deemed consistent with the agreement, despiteproceduralviolations.

THE CONCEPT OF DEBT TRANSFER (HIWALAH) IN ISLAMIC BANKING BASED ON DSN-MUI FATWA NO. 31/DSN-MUI/VI/2002

2025-01-14T10:41:24+08:00

The purpose of the study carried out is to describe the implementation of hiwalah carried out in Islamic banking according to the DSN-MUI fatwa No.31/DSN-MUI/VI/2002 / regarding the transfer of debt which is generally closely related to hiwalah in hiwalah there are three parties involved, namely muhil, muhal, and muhal 'alaihi. The study method used in the study carried out is qualitative using the type of literature study (libarary research). Data is taken directly from primary data in the form of DSN-MUI fatwas and secondary data sourced from literature related to the discussion, namely books, scientific works in the form of journals and articles related to the research topic. The study findings indicate that if the transfer of debt from conventional financial institutions to Islamic financial institutions is carried out based on the DSN-MUI fatwa which explains about each alternative financing which is a series of contracts that are carried out, it has conformity and does not contradict the DSN-MUI fatwa No.31/DSN-MUI/VI/2002 regarding debt transfer. In practice, hiwalah is used in various Islamic financial transactions, for example in financing, investment, and risk management.

SERTIFIKASI HALAL BAGI PELAKU USAHA MENURUT HUKUM ISLAM DAN HUKUM NEGARA

2025-01-14T16:27:53+08:00

Sertifikasi halal ialah salah satu kebijakan hukum yang ditetapkan oleh pemerintah kepada para pelaku usaha untuk memberikan jaminan proteksi, perlindungan, kepastian hukum pada masyarakat. Penelitian ini hendak meneliti bagaimana permasalahan yang dihadapi pelaku usaha mengimplementasikan kebijakan sertifikasi halal di Kecamatan Sawang, dan bagaimana analisis sertifikasi halal bagi pelaku usaha di Kec. Sawang menurut perspektif UU JPH dan Fiqh Muamalah? Artikel ini ditulis dengan pendekatan conceptual dan pendekatan statute. Jenis penelitian ini adalah yuridis empiris. Hasil penelitian bahwa dalam tinjauan UU JPH, pelaku usaha makanan dan minuman di Kecamatan Sawang punya kebebasan untuk memilih melakukan sertifikasi halal atau tidak, sementara ditinjau dalam konteks Qanun SJPH, pelaku usaha makanan dan minuman di Kecamatan Sawang berkewajiban untuk mengajukan permohonan sertifikasi halal terhadap produk yang belum bersertifikat halal. Di sini, ketentuan Qanun SJPH lebih mengikat pelaku usaha dan didukung dengan adanya sanksi administratif bagi pelaku usaha yang tidak melakukan sertifikasi halal. Di dalam tinjauan Fiqh Muamalah, sertifikasi halal termasuk sarana (wasilah) untuk mewujudkan tujuan konsumtif yang halal, dan kemaslahatan yang ada dalam sertifikat halal ini masuk dalam kategori maṣlaḥah mursalah. Sehingga pemerintah mempunyai kewenangan menetapkan kewajiban bagi pelaku usaha di dalam membuat sertifikat halal terhadap produknya, dan punya wewenang juga dalam menetapkan sanksi hukum kepada pelaku usaha yang tidak melakukan sertifikasi halal.

ANALYSIS OF MUSTAHIQ CRITERIA FOR PRODUCTIVE ZAKAT IN BAITUL MAL WEST ACEH IN MAQASHID SHARIA PERSPECTIVE

2025-01-14T08:47:06+08:00

Zakat is one of the obligations in Islam that plays an important role in creating social welfare and reducing economic inequality. In its development, zakat is not only given in consumptive form, but also productively, which aims to empower mustahiq economically. This study aims to analyse the criteria of productive mustahiq zakat in Baitul Mal Aceh Barat and evaluate the relevance of these criteria with maqashid sharia principles. The methods used are in-depth interviews with zakat managers and productive zakat experts, as well as documentation studies and direct observation in the field. The results showed that the criteria of productive zakat mustahiq applied in Baitul Mal Aceh Barat are only given to the poor and needy who face economic difficulties, by considering the business potential of prospective zakat recipients so that they can manage the assistance effectively to achieve economic independence. The application of these criteria is very relevant to the principles of maqashid sharia, such as hifz al-mal, hifz al-'ird, and hifz al-nafs, because it not only fulfils the basic needs of mustahiq, but also empowers them to be economically independent, improve dignity, and maintain the welfare of the soul, in line with the long-term goal of improving the quality of life and social welfare.

LEGAL PROTECTION OF THE BUR'AM TRADITIONAL MUSIC COMMUNITY FROM THE PERSPECTIVE OF ISLAMIC ECONOMIC LAW

2025-01-23T09:39:10+08:00

This research aims to analyse the form of dispute and settlement over the similarity of the name and quality of the Bur'am Banda Aceh Traditional Music Community, as well as the legal certainty of the Community's name rights in the perspective of haq ibtikar. Bur'am Music Community, which was first established in Banda Aceh, has become an icon of Acehnese traditional art through the use of rapai instruments. However, the name Bur'am is also used by other communities in various regions, such as Bireuen, Sabang, and Yogyakarta, raising concerns regarding the clarity of the origin and original creator of this community. The research approach used is empirical juridical with a descriptive type of analysis and data collected through interviews and documentation. The results show that name similarity disputes can be resolved through mediation by emphasising the history of the establishment and the identity of the founders. If mediation is fruitless, registration of the name Bur'am as a copyright or trademark becomes a necessary legal step to provide exclusive protection to the name. From the perspective of haq ibtikar, the name Bur'am meets the criteria of originality, creativity, and usefulness and thus deserves to be recognised as intellectual property equivalent to property in Islamic law. This recognition supports the preservation of Acehnese traditional arts and prevents potential conflicts in the future. The legal protection of the Bur'am name not only protects the rights of the creator but also ensures the authenticity and identity of Acehnese traditional art as a valuable cultural heritage.

SETTLEMENT OF DEFAULTS ON VILLAGE-OWNED ENTERPRISES ACCORDING TO ISLAMIC ECONOMIC LAW

2025-01-24T10:55:54+08:00

This research discusses the law of default that occurs in the management of Village-Owned Enterprises (BUMG) in Gampong Suak Labu, Tangan-Tangan sub-district, South Aceh Regency. Defaults occur due to farmers' non-compliance in returning agreed loans. Although the agreement between BUMG and farmers is oral, the agreement is still valid according to the law, based on Article 1320 of the Civil Code which regulates the validity of the agreement. Farmers' non-compliance in repaying the loan has the effect of obstructing the flow of funds that should be used to assist other farmers, as well as disrupting BUMG's main objective of improving farmers' welfare. Based on Articles 1233 and 1243 of the Civil Code, farmers who fail to fulfil their obligations are considered to have defaulted and must compensate for the losses incurred. This study concludes that farmers' non-compliance in repaying loans is a form of default, which provides a legal basis for BUMG to demand fulfilment of obligations or compensation, as well as to improve the management system so that the programme can run effectively and sustainably.

LEGAL CERTAINTY OF LAND GRANTS OF EX-USE RIGHTS ACCORDING TO LAW NUMBER 5 OF 1960 AND THE THEORY OF MILK AL-DAULAH

2025-01-24T18:56:31+08:00

This study examines the legal uncertainty regarding the management of land previously under the Right to Cultivate (HGU) granted to PT Cemerlang Abadi in Babahrot District, Aceh, which presents a significant issue. Although the land has been utilised by around a thousand households for agricultural purposes, the government has not provided official certificates as legal proof of ownership. The slow administrative process and land redistribution by the Aceh government and the Southwest Aceh District Government contradict the principle of legal certainty as stipulated in Law No. 5 of 1960 on Basic Agrarian Regulations (UUPA). From an Islamic legal perspective, the land in question is a public asset that must be managed for the welfare of the people. This uncertainty poses potential social, economic, and legal risks, including future disputes. Therefore, concrete steps are needed, such as expediting data collection, issuing certificates, and providing legal education to the public. Addressing this issue would reflect social justice and the government's commitment to implementing fair and sustainable agrarian principles.

ANALYSIS OF JUDGMENT No. 40/PDT.G/2023/PN.BNA ON DEFAULT OF DAYAH BUILDING PROJECT ACCORDING TO THEORY OF IJARAH 'ALA AL-'AMAL

2025-01-27T12:07:32+08:00

The default case in the Dayah Safinatussalamah construction project in Aceh Singkil is an example of the complexity of implementing construction contracts based on ijârah 'ala al-'mâl contracts in Islamic law. CV Afdi Pratama as the contractor sued the Aceh Dyah Education Office for changes and additional costs that were not in accordance with the contract. This study aims to analyse the judge's consideration in rejecting the lawsuit over the construction contract dispute in Decision Number 40/Pdt.G/Pn.Bna and also the review of this decision according to the ijârah 'ala al-'amâl contract. The research method used is a normative juridical approach with a case study method. The main data is in the form of judge's decision documents, supported by literature review related to fiqh muamalah and contract regulations. Analysis was carried out qualitatively with content analysis to analyse trial facts, lawsuit materials, and legal considerations. The results showed that judges tended to use a formalistic approach by prioritising written evidence, ignoring technical realities and oral directions in project implementation. This decision does not reflect substantive justice, especially in recognising the plaintiff's right to additional costs due to work changes. In the perspective of ijârah 'la al-'amâl, this decision does not fully comply with the principles of justice (al-'is) and mutual consent (at-taradhin), which are the core of the contract in Islamic law so that the contract becomes fasid.