Ats-Tsarwah: Jurnal Hukum Ekonomi Islam

Tinjauan Fiqih Muamalah Pada Penerapan Denda Jual Beli Makanan Dengan Sistem All You Can Eat (Studi Kasus Restoran Pochajjang Korean BBQ)

Dira Oktaviani — 2024-09-19

Tujuan dari penelitian ini adalah untuk mengetahui tinjauan fiqih muamalah penerapan denda pada jual beli makanan dengan sistem all you can eat di Restoran Pochajjang Korean Bbq. Jenis penelitian ini adalah kualitatif dengan menggunakan teknik pengumpulan data yaitu observasi, wawancara, dan dokumentasi. Selain itu untuk teknik analisis data menggunakan metode deskriptif analisis. Hasil dari penelitian ini menunjukkan bahwa Denda yang diterapkan pada restoran Pochajjang adalah jika makanan khususnya pada beef yang tidak dihabiskan dalam waktu 90 menit, maka akan dikenakan denda sebesar Rp 50.000 per 100 gram. Berdasarkan fiqih muamalah denda yang diterapkan di restoran pochajjang tersebut hukumnya tidak boleh (haram).

Peran Pegadaian Syariah dalam Pengembangan Ekonomi Berbasis Keuangan Islam

R Ali Pangestu — 2024-12-21

Explore the role played by Islamic pawnshops in assisting an Islamic finance-based economy. Focusing on its contribution to financial inclusion, economic empowerment, and sustainable economic growth. This article also aims to provide an in-depth insight into how this Islamic financial institution is a driving force for sustainable and inclusive economic development. Through this analysis, it is hoped that readers can better understand how Islamic pawnshops play a role in strengthening the foundations of an Islamic finance-based economy and the challenges and opportunities it faces in a changing global context.

Penetapan Upah Guru di Sekolah Menengah Hidayatullah Putra Balikpapan (Studi Kasus)

Aksan Aksan — 2024-12-21

This research aims to examine how teacher wages are determined at Sekolah Menengah Putra Hidayatullah Balikpapan and analyze them from the perspective of Islamic Economic Law. The study employs field research with a qualitative descriptive approach. Data collection methods include observation, direct interviews with informants, and documentation. The findings reveal that the institution or foundation does not arbitrarily determine wages. However, the core issue is that the wages set are below the regional minimum wage (UMR), leading to teacher dissatisfaction as their wages cannot adequately meet daily basic needs. From the perspective of government wage regulations, the current wage determination is deemed inadequate. However, from the perspective of Islamic law and fiqh muamalah, the wages are considered valid and compliant with Sharia. This is because the essential requirements are fulfilled, and the teachers willingly agree and accept the wages set by the institution. Despite one condition being unmet, the agreement between the institution and teachers ensures the legality of the wage arrangement under Islamic law. The research concludes that while the wages do not align with government standards, they remain valid in Islamic terms due to mutual consent and teacher contentment.

Penjualan Tanah Tanpa Seizin Pemiliknya (Studi Kasus)

Afifa Putri Amatullah — 2024-12-21

This research is motivated by the practice of selling land without the owner’s permission in North Sangatta District, East Kutai Regency. This type of research is field research with a qualitative approach, obtaining data by direct observation of real events, making observations with descriptive analysis techniques, describing phenomena that have occured through reduction, display, and verification. Primary research data in the form of interviews with 3 respondents while secondary data obtained from literature review: MP, journals, theses and articles that discuss Tijāri. After conducting research and observations regarding land sales without the owner’s permission in North Sangatta District, East Kutai Regency, the final result was that the land sale and purchase agreement was not in accordance with the provisions of sharia economic law because it did not meet the requirements. Terms and conditions and the validity of the contract, this could happen due to a lack of understanding regarding the provisions for implementing the Tijāri contract that has been implemented. Meanwhile, agreements made verbally and in writing without witnesses in North Sangatta District, East Kutai Regency, actually give rise to disputes in the future for the parties concerned.

Persepsi Dosen STIS Hidayatullah Balikpapan Tentang Arisan

Nenni Handriani — 2024-12-21

Arisan (rotating savings and credit association) is a popular social activity in society and is also practiced among lecturers at STIS Hidayatullah. However, its status under Islamic law remains a subject of debate. Some scholars permit arisan based on the principle that the default rule in muamalah (social transactions) is permissibility, and the lottery mechanism within arisan is allowed. Others consider it prohibited due to its resemblance to two contracts within one transaction. This study aims to analyze the perceptions of STIS Hidayatullah lecturers regarding the Islamic ruling on arisan. Using a qualitative approach, the study finds that, according to Islamic law, arisan is permissible as long as it adheres to the basic principles of muamalah and the concept of qarḍ as outlined in the Qur'an and hadith. However, its implementation must meet the condition of guaranteed payments. Conversely, arisan may be deemed non-compliant with Islamic law if conducted by individuals who are financially incapable. These findings provide a balanced perspective on the practice of arisan from the standpoint of Islamic jurisprudence.