Syarah: Jurnal Hukum Islam & Ekonomi

The Practice of Buying and Selling Artificial Insemination Seeds in Cows Reviewed According to Sharia Economic Law

2024-05-05T16:37:05+00:00

The local cattle crossbreeding program with exotic cattle was developed as a result of the high demand from farmers for artificial insemination of exotic cattle. The number of local cattle is expected to decline over time and may be threatened with extinction. These artificial inseminations have been distributed through ordering, direct sales and distribution systems. The problems are (1) How is the mechanism of the sale and purchase transaction of artificial insemination seeds in cattle carried out in sharia? (2) What is the view of Sharia Economic Law on the practice of buying and selling artificial insemination seeds in cattle? The type of this research is qualitative with a field approach (Field Research), the data collection methods used are observation, interview, and documentation methods. The results of this study are (1) The mechanism of the practice of buying and selling artificial insemination seeds in cattle has been running in sharia is known to use tabarru` contracts based on service turnover, namely the wakalah contract that the mechanism of buying and selling artificial insemination practices only focuses on operational payments for orderlies' services in helping and helping farmers. (2) The view of sharia economic law on the practice of buying and selling artificial insemination seeds in cows using a tabarru` contract based on the replacement of the services of the wakalah contract which contains elements of help, so that this buying and selling practice is permissible according to the principles of sharia economic law, namely the benefit of hajjiyah.

Legal Consequences of the Death of a Member of a Limited Liability Company: A Comparative Study of Positive Law and Islamic Law

2024-05-05T16:31:31+00:00

A Limited Liability Company as a business entity that has a major role in improving the economy, must deal with something that it cannot control such as the death of one of the members of the Company. In this case, the law, becomes the last gate that strengthens the establishment of the Company. Positive law is a provision that applies in a country that often deviates from Islamic values. On the other hand, Islamic law is believed to contain better benefits than other laws. Positive and Islamic law have different provisions regarding the legal consequences of a member of a joint stock company dying. The purpose of this article is to analyze the similarities and differences in the provisions of the legal consequences of a Limited Liability Company because one of the members dies in the review of positive and Islamic law. The type of research conducted is a literature study with documentation as the data collection technique and comparative study as the analysis technique. The results of the study show that positive law and Islam according to the jumhur ulama have similarities in the legal consequences of the death of a member of the Limited Liability Company, which considers the Company to end immediately. The difference is that in positive law the company ends if it is agreed at the beginning of its establishment, except for the type of joint stock company. Meanwhile, according to the Maliki school of thought, the Company is not canceled even without an agreement at the beginning.

The Existence of Kaum After the Instruction of Director General of Islamic Guidance Number DJ.II/I Year 2015 from the Perspective of Structural Functionalism

2024-05-05T16:44:14+00:00

Marriage Registration Officer (P3N) or in the community of Bener District, Puworejo Regency, familiarly called Kaum, is often used by couples who will carry out marriage. The task of the people is to assist in the administration of marriage registration at the local KUA, but since the issuance of the Instruction of Bimas Islam in 2015 the people through the instruction were dismissed from their status as P3N, interestingly although the status of the people formally has now been deactivated legally so that the existence and function of the people as PPN assistants have been removed, but in fact there are still many who use the services of the people until now, especially in the Bener District area. The purpose of this study is to examine and analyze the urgency and existence of the kaum in the marriage registration perspective of structural functionalism theory. This research is field-based (Field Research) with an empirical sociological approach method, while the data source comes from primary data, namely observation and interviews, while secondary data comes from books, articles and various references relevant to the above topic. The results of this study found that couples who register marriages at the KUA of Bener Subdistrict give trust to the people to take care of all the administration needed by the KUA, besides that the people also often become witnesses from the bride's side, host, and even remarks. In the social analysis of AGIL theory, namely adaptation, goal attainment, integration and latency. The function of adaptation is in the form of the adaptation commitment of the kaum in maintaining the mandate to the community and the government, the function of achieving goals is in the form of helping the community because the kaum play a lot of roles in the marriage process such as recording marriages, being witnesses, being mc and or remarks. The village government and KUA are also helped by the existence of kaum who try to get every married couple to register their marriage with the state. The function of integration is the formation of unwritten rules regarding the cost of kaum services, and the kaum can adjust to the poor community. The latency function is in the form of kaum strengthening synergy and good communication patterns to the Ministry of Religious Affairs/KUA, village government, and the community.

The Law of Maninggian Janjang against Perpetrators of Adultery from Saddu al-dzari’ah's Perspective

2024-06-12T06:57:56+00:00

The practice of "maninggian janjang" against members of the adulterous community in the Baso District, Agam Regency, West Sumatra has its own peculiarities. This maninggian janjang punishment only applies there and the most interesting thing is that they punish a community if a member of the community commits adultery. The concept of punishment like this is not applied in Islamic law, even though Baso sub-district people are Minangkabau people who have a philosophy of life "adat basandi syarak, syarak basandi kitabullah". This research will examine how the saddu al-dzari'at ijtihad method looks at the collective imposition of punishment on adultery offenders. This ijtihad method is used not only because it has similar principles with the punishment of maninggian janjang but also for the consideration of Imam Syafi'I who did not totally reject the concept of saddu al-dzari'ah. This type of research is empirical research using a qualitative approach. Data is obtained by conducting face-to-face interviews which are analyzed through coding techniques. The validity and reliability of the data were tested through peer debriefing techniques followed by review by the reviewer. This study found that maninggian janjang is in accordance with the saddu al-dzari'at method in which the way of ignoring adultery in a community is closed by threatening punishment collectively if there are members of the community who commit adultery. Meanwhile, the abolition of punishment through fines should be adjusted to the economy of the punished people so that the purpose of this maninggian janjang punishment is achieved, namely to provide fear and deterrent effect.

Cash Waqf Linked Sukuk: Sharia Financial Innovation for Productive Waqf Management in Indonesia

2024-06-24T02:53:51+00:00

Productive waqf management in Indonesia faces challenges in innovation and optimizing the use of funds. Cash Waqf Linked Sukuk (CWLS), an innovative sharia financial instrument that integrates cash waqf with sukuk, appears as a potential solution. CWLS allows people to contribute through cash waqf which is then invested in sukuk, with the investment proceeds used for social projects such as infrastructure, health and education. This research aims to analyze the concepts, mechanisms and contracts implemented in CWLS, as well as evaluate their contribution to productive waqf management and their social impact in Indonesia. Using the literature study method, this research examines various primary and secondary data sources. The research results show that CWLS not only increases the productive use of waqf funds, but also provides a significant social impact through financing social and infrastructure projects. CWLS has proven to be an efficient solution in managing waqf and opens up new opportunities for economic empowerment of the people. However, challenges such as limited public understanding, the need for qualified human resources, and lack of digital access need to be addressed. This research concludes that CWLS has great potential to strengthen the waqf ecosystem and support sharia financial inclusion in Indonesia, with the right support from the government, sharia financial institutions and the community. Increased education and outreach efforts are needed to overcome these barriers and maximize the benefits of CWLS.

Analysis of Ta’widh Law in Murabahah Financing from the Perspective of Islamic Law and Positive Law

2024-06-05T08:10:03+00:00

Analysis of the law of ta’widh in murabahah financing is an in-depth study of the application of the concept of ta’widh in sharia financial transactions, especially in the type of murabahah financing. This study involves two main perspectives, namely the perspective of Islamic law and positive law. The case study at KSPPS BMT At-Tunnisa Jumapolo Branch is used as a context to obtain a more concrete and applicable understanding regarding the implementation of ta’widh in sharia financial practices. From the perspective of Islamic law, ta’widh is seen as an important mechanism for ensuring fairness in financial transactions. The principle of justice (Al-'Adl) and the prohibition of usury are the main foundations for implementing ta’widh. The application of ta’widh in concrete cases at KSPPS BMT At-Tunnisa Jumapolo Branch will be evaluated from a sharia perspective to assess whether the policies and practices of ta’widh are in accordance with the principles of Islamic law. Meanwhile, from a positive legal perspective, ta’widh is seen as part of the compensation mechanism in contracts regulated by statutory regulations. The analysis will involve a study of regulations in the financial sector, such as OJK regulations, which regulate fines in sharia financing. The implementation of ta’widh in BMT cases will also be evaluated from a positive legal perspective to ensure compliance with applicable regulations. BMT's internal policies regarding ta’widh, loss calculation procedures, cases involving ta’widh, and conformity with sharia principles and positive law are the objects of in-depth analysis. The method used in this research is qualitative with a case study method. It is hoped that the results of this analysis will provide a comprehensive understanding of the application of ta’widh in sharia financial practices, as well as recommendations for improving policies and practices in accordance with the principles of Islamic law and positive law.

Critical Review of Changes from Classical to Contemporary Contracts in Sharia Economic Transactions: Fiqh Perspective

2024-06-12T07:44:27+00:00

This research aims to analyze the form of legal contract principles in Islamic alliances mu'amalah. A deep agreement mu'amalah cannot be separated from the Islamic community. An alliance occurs because of a meeting between the two parties at the same time to tie a promise. In the field alliance, alliance will be needed to achieve common goals. Civil Code Article 1233 states that an agreement occurs with agreement and law. This research is a type of qualitative research with a small library. The data used are primary and secondary data types. Primary data comes from literature such as scientific works, books, websites, etc. And for secondary data, there are books that support the core of this research. This research's analytical method uses an inductive analysis method. The results of this research found that the study of sharia economic law relating to the form of principles of multipurpose engagement agreements consists of; Divine principle, principleworship, principle of freedom of contract, principle of consensualism, principle of binding, principle of balance, principle of benefit, principle of trust, principle justice, and principles of writing.

Predatory Pricing in Buying and Selling Imported Products in E-Commerce According to the Perspective of Business Competition Law and Muamalah Fiqh

2024-06-26T07:22:50+00:00

The presence of E-Commerce makes it easier to export and import goods without geographical boundaries, but it also gives rise to allegations of Predatory Pricing practices which are detrimental to other business actors and consumers. Predatory Pricing is a strategy of temporarily setting product prices below production costs or market prices in order to reduce competitors and gain market share. This suspicion arose because imported products were sold much cheaper than local products, as was the case at Fistyle and Biu.costore stores. However, this action needs to be proven by the Business Competition Supervisory Commission (KPPU). Problem Formulation 1) What are the indications of the implementation of Predatory Pricing by Fistyle and Biu.costore stores. 2) How is the legal review of Predatory Pricing practices by Fistyle stores and Biu.costore according to the Business Competition Law based on Law no. 5 of 1999. 3) What is the legal review of Predatory Pricing practices by Fistyle stores and Biu.costore according to Fiqh Muamalah. This article is empirical juridical research and the approach is statutory and conceptual. The data sources used are primary and secondary, data collection through interviews and observations and analysis using source and technical triangulation techniques. The research results show that the practice of Predatory Pricing is prohibited according to Article 20 of Law Number 5 of 1999 concerning Prohibition of Monopoly Practices and Unfair Business Competition. This action is considered a violation if it meets the elements in Article 20. However, the Fistyle and Biu.costore stores were not proven to have violated this Article because they did not carry out Predatory Pricing. In Muamalah Fiqh, pricing in the market is expected not to exceed the prevailing market price, to maintain fairness and balance. The practices carried out by Fistyle stores include Siyasah al-Ighraq, because they cause losses to other business actors and consumers, such as selling defective goods and destroying market prices. Meanwhile, Biu.costore cannot yet be categorized as Siyasah al-Ighraq because it has just been established and there have been no complaints. Although both stores offer very low prices, not all actions considered Predatory Pricing are prohibited; Low prices can come from efficient and innovative business operations.

An Islamic Law Sociology Review on Menre’ Bola Baru Tradition in Bugis Community

2024-05-05T16:40:12+00:00

Menre’ Bola Baru or moving to a new house is a local Bugis culture. The focus of this research is that among the Bugis tribe, especially South Sulawesi, there are differences of opinion regarding the Menre’ Bola Baru tradition because some rituals are considered deviating from Islamic teachings, so it is necessary to know the sociology of Islamic law. This research aims to further review the Menre’ Bola Baru tradition as a tradition of the Bugis community according to the Sociology of Islamic Law. The research uses a library research approach by adopting a descriptive-qualitative method. The research data sources come from interviews and secondary data, which the author gets from journals, books and observation results. While the research data analysis adopted the Miles and Huberman analysis technique, which was carried out by reducing data, presenting data and drawing conclusions. This research found that the Menre’ Bola Baru ceremony inherited from the ancestors of the Bugis tribe has a series of stages that contain local wisdom values so that these traditional activities or ceremonies still exist today. Meanwhile, Menre’ Bola Baru in the review of Islamic Law Sociologists experiences a combination of Islamic law and customs to become a religious practice. The role of religion is indeed very important as a source of values adopted by the community as a benchmark for action. Thus, religion determines the social structure of a society.