{"title":"A Historical Review of the Development of the Islamic Banking System (An Analytical Study)","authors":"Novan Fatchu Alafianta, M. A. Aziz, Jaya Sahputra","doi":"10.21111/al-iktisab.v5i2.6799","DOIUrl":"https://doi.org/10.21111/al-iktisab.v5i2.6799","url":null,"abstract":"This paper tries to investigate the historical development of Islamic banking in the world. The formation of Islamic banking was inspired by the incompatibility between conventional banks and Islamic teachings based on the Qur’an and al-Hadith. Islamic economists are trying to replace and improve the traditional system of banking that has developed rapidly with the Islamic banking system. The establishment of Mit Ghamr marked the emergence of Islamic banking. Since then, many Islamic banks have been established and have proliferated. The primary purpose of this study is to analyze and determine the historical development of the Islamic banking system in various countries. Thus, this research can provide further information for Muslim economic actors as a guide in carrying out economic activities, especially those related to banking. This study using the historical analysis method and at the end of this paper, confirm that the Islamic banking system was preceded by applying a profit-sharing approach to avoid interest in banking. The development of Islamic banks cannot be separated from the efforts made by the Organization of the Islamic Conference (OIC), which since 1970 has issued many recommendations and encouraged its member countries to improve the people’s economy in their respective countries. Then, Islamic banks developed in various countries, including Pakistan, Egypt, Iran, Cyprus, Kuwait, Bahrain, United Arab Emirates, Malaysia, Turkey, and Indonesia.","PeriodicalId":188875,"journal":{"name":"Al-Iktisab: Journal of Islamic Economic Law","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123662356","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}
{"title":"Effectiveness of Complete Systematic Land Registration (PTSL) Against Waqf Land Certification at Magelang Regency","authors":"Dakum Dakum, Nurwati Nurwati, Muhammad Firdaus","doi":"10.21111/al-iktisab.v5i2.6817","DOIUrl":"https://doi.org/10.21111/al-iktisab.v5i2.6817","url":null,"abstract":"The government’s policy on Complete Systematic Land Registration (PTSL) is a policy initiated by the Ministry of Agrarian Affairs of the Republic of Indonesia in 2017, then further refined in 2018 as it still has problems in its implementation. The policy is expected to expedite the existing land certification process in Indonesia, including waqf land certification. However, this policy should be tested to measure the level of effectiveness against the facilities and acceleration of the certification process, especially the waqf land certification at Magelang Regency. The purpose of this study is to analyze the effectiveness of government policies on PTSL towards accelerating the certification of waqf land at Magelang Regency. Research methods are field research and qualitative approach by checking interview results, PTSL related regulations, regulations related to registration of waqf land certification, scientific journals related to soil certification, etc. The results of this study show that the implementation of government policies on PTSL towards accelerating the certification of waqf land is not optimally implemented in Magelang Regency. This can be seen from the percentage of waqf land certification levels at Magelang Regency still low, despite experiencing a decline after the birth of government policy on PTSL.","PeriodicalId":188875,"journal":{"name":"Al-Iktisab: Journal of Islamic Economic Law","volume":"65 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132847509","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. Ghozali, Adinda Muftiviany Nur Jamilah, Mulyono Jamal, I. Hidayat
{"title":"Application for Wakalah bi al-Ujrah Contract in Various Banks, Insurance, and Syariah Mutual Funds Indonesia According to Wahbah Zuhaili","authors":"M. Ghozali, Adinda Muftiviany Nur Jamilah, Mulyono Jamal, I. Hidayat","doi":"10.21111/al-iktisab.v5i1.6204","DOIUrl":"https://doi.org/10.21111/al-iktisab.v5i1.6204","url":null,"abstract":"Wakalah is one of the most frequently used transactions in insurance, mutual funds, and especially Islamic banking. Insurance is one of the economic activities that we often hear about, many of these activities, such as health insurance, education, and etc. This paper uses a literature analysis method by using journals as its primary source. According to Wahbah Zuhaili there is insurance that is allowed to do and there is insurance that is illegal to do. Basically, the purpose of the insurance is having a mutual help. So if the participant does not use the insurance premium they have been paid, this premium will be allocated to others. Until there is a help-seeking action based on sincerity. However, it will be illegal if the purpose of this insurance activity is based solely on profit. Thus, it will create a synergy that will eliminate the benefits. So this insurance being an illegal activity. which is containing five elements, there are riba, gharar, gaban, qimar, and jahalah, which can damage human benefits and harms. Then insurance activity is illegal.","PeriodicalId":188875,"journal":{"name":"Al-Iktisab: Journal of Islamic Economic Law","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125097280","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}
S. Syamsuri, S. Lahuri, Wahyudi Bakri, Anwar Fatoni, Hendri Setyo Wibowo
{"title":"Strategy for Improving the Quality of Waqf Institutions Through Good Waqf Governance","authors":"S. Syamsuri, S. Lahuri, Wahyudi Bakri, Anwar Fatoni, Hendri Setyo Wibowo","doi":"10.21111/al-iktisab.v5i1.6200","DOIUrl":"https://doi.org/10.21111/al-iktisab.v5i1.6200","url":null,"abstract":"The sustainability of the benefits of waqf is possible because of the implementation of productive waqf can support various social and religious activities. Even so, good and innovative management is still needed in order to achieve professional waqf management, namely good waqf governance. This paper aims to examine the concept of good governance, the potential of waqf in Indonesia, and the institutional problems and solutions of waqf in Indonesia. This is a library research using a qualitative method and descriptive analytic study. Data were collected using the documentary method, which comes from books, journals, internet, and papers. The results of this study indicate that the donated land assets in Indonesia are 52.245,41 hectares spread over 385.898 locations. Most of the use of the waqf land is still in the form of direct waqf (consumptive), dominated by the construction of mosques by 44,26% and musholla (a prayer room) by 28,43%. Meanwhile, the potential for cash waqf in Indonesia reaches 3 trillion per year with an estimated number of generous Muslims of 10 million and an average monthly income of IDR 500.000 to IDR 10.000.000. Regarding problems in the development of waqf related to waqf management, including the management that is not optimal, even many are mismanaged which results in many waqf assets being neglected, some even missing. The solution lies in the existence of nadzir and a solid team work to maximize the expected results of waqf where waqf management requires good governance which can be used as a benchmark for whether performance in the organization is based on five principles, namely transparency, accountability, responsibility, independence and fairness or not.","PeriodicalId":188875,"journal":{"name":"Al-Iktisab: Journal of Islamic Economic Law","volume":"146 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132318032","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}
{"title":"Learning Models in Sharia Economic Department in Forming Student Career Options in the Sharia Financial Industry","authors":"M. Rumasukun, A. Nugraha","doi":"10.21111/AL-IKTISAB.V5I1.5117","DOIUrl":"https://doi.org/10.21111/AL-IKTISAB.V5I1.5117","url":null,"abstract":"This study identifies a learning model in the sharia economics department in shaping student career choices in the sharia finance industry. This research was conducted at the State Islamic Institute Campus, Ponorogo East Java. This research was conducted because the number of workers in the sharia finance industry, especially those who have Islamic economic scientific competence, has decreased. On the other hand, conditions in the sharia financial industry and sharia financial institutions have developed quite rapidly. Likewise, interest in sharia economics at various Islamic religious universities continues to increase. This type of research uses descriptive research methods equipped with qualitative and quantitative data, both primary and secondary data. This study uses a Likert scale to determine the results of the study. The independent variable analysis uses Theory of Planned Behavior, while the dependent variable uses Social Cognitive Career Theory (SCCT). The purpose of this study is to determine the learning model in the Islamic economics department in shaping student career choices in the sharia finance industry. The results of this study indicate an increase in the number of sharia financial institutions, enthusiasts of the Islamic economics major after market demand and special attention from the government with its various incentive policies, but there is a decline in student career choices in the sharia finance industry. The conclusion of this study shows that the decline in student career choices in the sharia finance industry is caused by many factors. In order to provide solutions to the above problems, efforts to improve several designs or learning models on campus need to be improved and enhanced. The most dominant learning model with a percentage of 83.5% is the integration model of religious and general sciences. Next followed by the supervisory teacher motivation intensity model with a percentage of 86.4%.","PeriodicalId":188875,"journal":{"name":"Al-Iktisab: Journal of Islamic Economic Law","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127522985","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}
S. Hartanto, M. Retnowati, Devid Frastiawan Amir Sup
{"title":"Waqf in the Perspective of Waqf Rules in Indonesia","authors":"S. Hartanto, M. Retnowati, Devid Frastiawan Amir Sup","doi":"10.21111/al-iktisab.v5i1.6203","DOIUrl":"https://doi.org/10.21111/al-iktisab.v5i1.6203","url":null,"abstract":"For Muslims in Indonesia, the basic concept of waqf in Islam is very well understood, and more than that, if examined further, there will be many waqf assets in Indonesia. In the perspective of a country, it is necessary to implement regulations, including Waqf Law (Law), Government Regulation (PP) on Waqf, Regulation of the Indonesian Waqf Board (BWI), and Regulation of the Minister of Religion (PMA). This study aims to explain waqf from the perspective of waqf rules in Indonesia. This research uses qualitative-descriptive-literature methods. The conclusion is that the existing waqf rules that apply in Indonesia aim to maintain the existence of waqf to always be in accordance with the basic concept of waqf in Islam. In addition, this rule also serves as the basis for the legal protection of legality of waqf in Indonesia.","PeriodicalId":188875,"journal":{"name":"Al-Iktisab: Journal of Islamic Economic Law","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122591849","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}
Muhammad Firdaus, M. A. Aziz, Daud Sukoco, Novan Fatchu Alafianta
{"title":"Investment Cooperation Agreement on Equity Crowdfunding Platform from the Perspective of Sharia Economic Law","authors":"Muhammad Firdaus, M. A. Aziz, Daud Sukoco, Novan Fatchu Alafianta","doi":"10.21111/AL-IKTISAB.V5I1.5626","DOIUrl":"https://doi.org/10.21111/AL-IKTISAB.V5I1.5626","url":null,"abstract":"Equity crowdfunding is a new innovation in finance, which is an external product of financial technology, by combining financial systems with information technology. Equity crowdfunding is a combination of investment business model with information technology, where meetings between investors and fund managers are conducted online through websites on this platform. Crowdfunding equity platform is now growing rapidly and is very popular among the community, due to some of the facilities offered by the platform organizers for service users. Therefore, further research needs to be done on this business practice, which covers all aspects of the mechanisms and systems on this platform. The purpose of this study is to determine the mechanisms and systems of all aspects of the investment cooperation agreement model applied on the equity crowdfunding platform. The intended aspects include the mechanism of agreement (contract), profit sharing system, user protection, stock trading mechanism, dispute resolution, risk management, and so on. Furthermore, it aims to determine its compliance with Islamic law and the positive laws that apply in Indonesia. Investment agreements on equity crowdfunding platform can be implemented in mudharabah agreement, meanwhile, the agreement between the crowdfunding service provider and the crowdfunding user can use the wakalah bil ujrah contract. The percentage to revenue ratio can use the profit and loss distribution system and the revenue distribution system according to the agreement. Equity crowdfunding platform should really pay attention to consumer protection in accordance with the provisions in accordance with POJK and hifdzul maal theory. In addition, it must carry out risk management to minimize the occurrence of losses for some parties, and create a dispute resolution mechanism in accordance with Islamic law and economic law.","PeriodicalId":188875,"journal":{"name":"Al-Iktisab: Journal of Islamic Economic Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129444725","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}
Septarina Budiwati, Muhammed Junaidi, W. T. Nugroho
{"title":"The Principle of Pacta Sunt Servanda in Fintech Transactions is Reviewed Through The Perspective of Ushul Fiqh","authors":"Septarina Budiwati, Muhammed Junaidi, W. T. Nugroho","doi":"10.21111/AL-IKTISAB.V4I1.4350","DOIUrl":"https://doi.org/10.21111/AL-IKTISAB.V4I1.4350","url":null,"abstract":"The principle of Pacta Sunt Servanda as part of the legal principle, which is commonly described as \"agreement as applicable to the author\" carries its own implications in the practice of society, where the public must perform the agreement c onsistently, consequent , and full of responsibility. No exception in transactions in Financial Technology (Fintech), the applicability of this principle to be a reference for both parties to equally believe that the transaction process (lending) between them can be held accountable in terms of m oral-ethical laws. The purpose of this research is to describe the validity of the p acta s unt s ervanda of the agreement on Fintech and describe the p acta s unt s ervanda basis reviewed through the study of u s h ul fiqh to soften a concrete solution against l egal problematics that exist on Fintech. The methods used in this study are juridical-normative. The results of the research show that with the trend of ease carried by the Fintech can erode the essence of the principle of the law itself, and create a destructive mindset which is an agreement of the r egarded as administrative terms that need to be met when conducting transactions on Fintech, so that various provisions inherent to the unreached F intech agreements. In addition to the absence of strict supervision in the process of F intech transactions facilitate the occurrence of fraud against the initial purpose of granting Fintech funds by the loan recipients.","PeriodicalId":188875,"journal":{"name":"Al-Iktisab: Journal of Islamic Economic Law","volume":"103 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131950109","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}
Soritua Ahmad Ramdani Harahap, M. U. Azmi, S. Lahuri
{"title":"Fiqh Review on The Use of Sharia Credit Card Based on Fatwa DSN MUI No: 54/DSN-MUI/X/2006","authors":"Soritua Ahmad Ramdani Harahap, M. U. Azmi, S. Lahuri","doi":"10.21111/al-iktisab.v3i2.3912","DOIUrl":"https://doi.org/10.21111/al-iktisab.v3i2.3912","url":null,"abstract":"This study describes the fiqh review in the use of Islamic credit cards. In general, the opinions of leading scholars state that credit card transactions can be categorized in the kafalah, wakalah, hawalah, qardh, and ijarah agreements. These contracts are legally permissible and their use is adjusted to the transaction. In this study using a type of qualitative research with a literature study method approach. The results of this study explain that Islamic credit cards should be able to maintain the principle of utility in their using. This is based on the perspective of the principle of maslahah, which not only sees direct benefits or worldly benefits, but also sees benefits for the hereafter. So that there is a balance between the world and the hereafter in the fortified by ad-dharurat al-khams, namely preserving religion, soul, reason, descent , and wealth.","PeriodicalId":188875,"journal":{"name":"Al-Iktisab: Journal of Islamic Economic Law","volume":"59 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124684059","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}
{"title":"The Distribution of Zakat at The Time of Caliph Umar ibn Khattab","authors":"S. Aisyah, Nurizal Ismail","doi":"10.21111/al-iktisab.v3i2.3908","DOIUrl":"https://doi.org/10.21111/al-iktisab.v3i2.3908","url":null,"abstract":"Zakat is an important pillar in Islam that has a dimension of worship, but economical value that gives the benefit of the muslim community. In the current management of zakat in addition to gathering problems, but also the distribution of zakat. In Islamic history, the successful example of management of zakat was exemplified by the prophet, and was followed by caliph al-rasidun. One of the pros and cons of the centralization and decentralized problems of zakat. Therefore, this study tried to analyze zakat distribution policy in the time of Umar because it is a successful example in the management of zakat. Results of the study explained that the distribution system of zakat conducted by caliph Umar ibn Khattab use the desesntralization of zakat. This is chosen because it is more direct to the community in which the region is collected by zakat by the government-appointed zakat agency. Also more effective and efficient to do than zakat centralization. Furthermore, the priority distribution of zakat target is permissible according to the condition and state of mustahik zakat in a region. Not to be imposed with the distribution of zakat for the eight ashnaf or in part is adjusted to the state of mustahik.","PeriodicalId":188875,"journal":{"name":"Al-Iktisab: Journal of Islamic Economic Law","volume":"66 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130422273","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}