Al-Mizan : Jurnal Hukum dan Ekonomi Islam

Analisis Yuridis Putusan PA Jakarta Selatan Nomor 1531/Pdt.G/2023/PA.JS Mengenai Sengketa Pelunasan Hutang Melalui Autodebet pada Pembiayaan Take Over di BSI

Septia Rahmayani — 2025-09-23

This qualitative research employed a case study approach It aimed to analyze the conformity of the take over financing agreement at Bank Syariah Indonesia with the DSN-MUI Fatwa based on the South Jakarta Religious Court Decision No. 1531/Pdt.G/2023/PA.JS, as well as the basis for the Judge’s consideration in rejecting the lawsuit in the Sharia economic dispute case based on the South Jakarta Religious Court Decision No. 1531/Pdt.G/2023/PA.JS. The research findings conclude that the financing agreement used by Bank Syariah Indonesia, based on the South Jakarta Religious Court Decision No. 1531/Pdt.G/2023/PA.JS, has been in accordance with the DSN-MUI Fatwa. There are two main legal considerations for the panel of judges in rejecting the Sharia economic dispute lawsuit. First, the plaintiff did not have sufficient evidence to strengthen their claim, and the testimonies of the two plaintiff witnesses did not strengthen their claim. Second, the claim contradicted the fact that the plaintiff had received financing facilities from the defendant, which was proven and stated in the financing agreement as stated in the decision.

Tinjauan Kesesuaian Praktik Asuransi Jiwa Dwiguna Murni Berdasarkan Fatwa DSN-MUI Nomor 155 Tahun 2023

Muzayanah — 2025-09-24

Currently, there are a wide variety of insurance products, especially sharia dual-purpose life insurance products which are based on the principles of justice and togetherness in sharing risks between policy holders and insurance companies. This research method is qualitative research in the form of a case study, with an empirical normative approach. The research results show that first, based on fatwa no.155/DSN-MUI/V/2023 there are 7 provisions that must be fulfilled. (1) general provisions, (2) legal provisions, (3) contract provisions, (4) provisions related to Tanahud funds, (5) provisions related to investment management of Tanahud funds, (6) provisions related to the return of Tanahud funds, (7) surplus provisions underwriting. Second, the practice of pure sharia endowment life insurance is carried out by participants paying contributions and participants are also entitled to receive stage funds which are given to participants when the child enters each level of education. Third, the practice of pure sharia endowment life insurance in the Education Fund Takaful (Fulnadi) product is deemed not to be completely appropriate based on the provisions of the DSN MUI fatwa number 155/DSN-MUI/V/2023.

Studi Komparatif Pandangan Ulama Empat Mazhab terhadap Bai‘ Istiglāl

Nadiyah — 2025-09-24

This study examines the comparative opinions of the four major Islamic schools of thought regarding bai‘ Istiglāl, an innovative contract combining bai‘ wafā’ and ijarah, used in contemporary Sukuk instruments to meet modern transactional needs. There is scholarly debate regarding the permissibility of bai‘ wafā’ as the basis for bai‘ Istiglāl; some prohibit it, arguing it resembles interest-based transactions (riba) or uncertain transactions (gharar), while others permit it under the principle of necessity (ḍarūrah). This research employs a qualitative textual study by analyzing primary sources from the four schools, including Hassiyah Rādd al-Mukhtar, Bulgah al-Ṣalik li Aqrab al-Masalik, and al-Mugni li Ibni Qudamah, along with secondary sources such as theses, dissertations, and other relevant scholarly publications. The findings indicate that differences in scholarly opinion arise due to the absence of explicit textual evidence, divergent interpretations regarding elements of riba, conditional sales, and similarities to pawning practices. Based on the principles of permissibility in muamalah, justice, and prevention of harm (maḍarat), bai‘ Istiglāl is considered permissible if the contract meets the conditions of validity. The strongest opinion supports the permissibility of bai‘ Istiglāl, provided that the contract is conducted separately, clearly, and free from riba, gharar, and unlawful gain, in accordance with QS. Al-Baqarah verses 275 and 188 and supported by hadith from Ahmad and Abu Dawud. This practice is deemed valid under sharia principles if it ensures transparency, mutual consent, fairness, and aligns with contemporary transactional needs.

Analisis Kepatuhan Akad Pembiayaan Murabahah pada PT ALAMI Fintek Sharia Berdasarkan Regulasi POJK dan Fatwa DSN-MUI

Syarif Hidayatullah — 2025-09-24

This study aims to analyze the compliance of murābaḥah financing practices in sharia-based financial technology companies with the provisions of the National Sharia Council of the Indonesian Ulema Council (DSN-MUI) Fatwa No.117/DSN-MUI/II/2018 and the Financial Services Authority Regulation (POJK) No.10/POJK.05/2022. A case study was conducted on PT ALAMI Fintek Sharia using a qualitative research method through interviews and document review. The findings reveal that the implementation of murābaḥah contracts at PT ALAMI Fintek Sharia generally complies with DSN-MUI and POJK regulations in both transaction mechanisms and legal aspects. However, potential risks were identified regarding the combination of wakālah and murābaḥah contracts within a single process, necessitating stronger supervision to ensure full compliance with sharia principles. This research is expected to contribute to the development of regulations and the implementation of sharia-compliant fintech in Indonesia.

Analisis Praktek Islamic Securities Crowdfunding bagi Sektor UMKM Ditinjau dari Ketentuan Fatwa DSN-MUI No. 140

Hendra Kholid — 2025-09-25

This study aims to analyze the practice of Islamic Securities Crowdfunding (ISCF) for Micro, Small, and Medium Enterprises (MSMEs) through a case study at PT. LBS Urun Dana and its compliance with DSN-MUI Fatwa No. 140/DSN-MUI/VIII/2021. The research employs a qualitative case study approach through interviews, observations, as well as analysis of company documents and relevant literature. The findings indicate that most ISCF mechanisms at PT. LBS Urun Dana comply with sharia principles as regulated in the fatwa, particularly in musyarakah, mudharabah, and syirkah contracts. However, weaknesses remain in contract transparency and the clarity of profit-sharing ratios. This study emphasizes the importance of improving investor literacy, strengthening regulation, and enhancing the role of the Sharia Supervisory Board to ensure the sustainability and compliance of ISCF practices in Indonesia.

Hubungan Fatwa DSN-MUI Nomor 116/DSN-MUI/IX/2017 dengan Preferensi Pengguna LinkAja Syariah

Gita Rizky Agustin — 2025-09-25

The public's low interest in using sharia electronic money is due to the lack of information about sharia electronic money and currently, conventional electronic money is still the electronic money most widely used by people in Indonesia, with the most use being students and women. The research method used is quantitative research in the form of correlation using questionnaire data and Spearman rank correlation analysis. The results of the research show that DSN-MUI Fatwa Number 116/DSN-MUI/IX/2017 has a strong relationship with interest in using sharia electronic money on the LinkAja Syariah service studied among undergraduate students at IIQ Jakarta, UIN Jakarta and Muhammadiyah University Jakarta with a correlation value of 0.627 and a significance value <0.001 with a positive and significant direction.

Tinjauan Yuridis Implementasi Layanan Emas di BSI Pasca Berlakunya POJK Nomor 17 Tahun 2024

Mayang Khairunnisa Syabrina — 2025-09-26

The purpose of this study is to analyze the implementation of gold service products at BSI KCP Jakarta Gedung Pusat Kehutanan and to examine their compliance with the aforementioned OJK Regulation Number 17 of 2024 Concerning the Organization of Bullion Business Activities, while still considering Sharia principles. This study employs a qualitative research method with a normative approach through a case study. Primary data were obtained from interviews, while secondary data were sourced from the official website of Bank Syariah Indonesia and the BYOND BSI application. The results indicate that first, the gold service products offered by BSI KCP Jakarta Gedung Pusat Kehutanan include BSI Gold, BSI Cicil Emas (Gold Installment), BSI Gadai Emas (Gold Pawn), BSI E-Mas, and Safe Deposit Box. Second, the implementation of these services generally complies with OJK Regulation No. 17 of 2024, although two provisions have not yet been implemented, namely the Gold Savings service and the minimum gold weight requirement of 500 grams per transaction.

Analisis Yuridis Putusan Pengadilan Agama Mataram Terkait Sengketa Jaminan pada Akad Musyarakah

Syahmi Kurniatul Ilma — 2025-09-26

Currently, sharia-based financing, especially musyārakah contracts, is increasingly in demand as an alternative financing that complies with sharia principles. However, in practice, musyārakah financing often causes disputes related to collateral. Therefore, this research examines how the law of religious court decisions in resolving collateral disputes in musyārakah financing in review of law number 4 of 1996 (analysis of the decision of the Mataram religious court number 449/pdt.g/2024/pa.mtr). This research uses qualitative methods in the form of case studies and content analysis with a normative juridical approach. The results of this study found that first, collateral in a musyārakah contract has an important role as proof of customer responsibility and reinforcement of trust. Second, the analysis of the Mataram Religious Court Decision shows that the practice of resolving collateral disputes, including the creditor's right to conduct parate execution auctions without a court order, is in accordance with the provisions of Law No. 4 of 1996.

Analisis Sinkronisasi RPJMD dan Asta Cita terhadap Pembentukan Ekosistem Ekonomi Syariah di Kota Surakarta

Wirda Rohmah — 2025-09-19

The formation of a sustainable sharia economic ecosystem requires synergy between national and regional policies. This study analyzes the synchronization between the Regional Medium-Term Development Plan (RPJMD) of Surakarta City and Asta Cita as a national policy framework in forming a comprehensive sharia economic ecosystem. This research uses a qualitative method with a normative approach and literature review to examine various policy documents, laws and regulations, and related academic literature. The research results show that (1) Surakarta City’s RPJMD has the potential to integrate sharia economic programs but still faces challenges in explicit program mapping to Asta Cita; (2) Policy synchronization requires strong multi-level coordination mechanisms, clear budget allocations, and measurable performance indicators; (3) Key components of the sharia economic ecosystem include government leadership, halal assurance systems, sharia financial instruments, business actors and MSMEs, pesantren and community involvement, and digital platforms; (4) The pentahelix collaboration model and MCDA-WDMA approach can be effective instruments for policy harmonization. This study recommends the preparation of an RPJMD annex that maps each regional activity to Asta Cita programs with measurable KPIs, pentahelix partner assignments, budget allocations, and annual synchronization review schedules.