Sharia and Economy: Jurnal Hukum Ekonomi Syariah dan Keuangan Islam (Sharecom)

Lembaga Dana Pensiun Syariah Di Indonesia

2023-09-14T09:42:41+00:00

Everyone who works really wants an allowance in old age as an effort to get comfort when they are no longer actively working and have no income. Pension fund savings have developed and are increasingly recognized by the general public, where this program is intended to provide welfare to company employees when they reach retirement age or for other reasons. A sharia pension fund institution is a legal entity that stands alone and is separate from the employer whose function is to manage and run pension programs in accordance with applicable regulations. This article provides an explanation of sharia pension fund institutions, their differences with conventional institutions, their products and developments in recent years. This research uses a qualitative research method in the form of document study with a normative juridical approach. The primary sources for this research are classic and contemporary books related to sharia pension fund institutions. The results of this research show that the institution that organizes sharia-based pension programs has very good development in Indonesia with increases every year.

Keharusan Pembaharuan Fikih (Tajdid Fiqh) Yang Selalu Berkembang

2023-09-14T10:09:08+00:00

Fiqh studies are dynamic, developing, and may be carried out again by contemporary mujtahids in the future if needed. The existence of fiqh is a guide for humans in communicating with other humans, where these relationships continue to develop and experience many reforms. This article will explain what is meant by fiqh renewal, its legal basis, and the views of ulama regarding the need for fiqh renewal which is always developing, as well as examples of cases. This research uses a qualitative research method in the form of document study with a juridical-normative approach. The primary sources for this research are books, both classical and contemporary, related to fiqh and ushul fiqh, especially related to tajdid al-fiqh. The research results show that the dynamics of life require us to accept and also sort out things that are considered new. In the realm of fiqh, tajdid is necessary as long as it does not conflict with the qath`i sharia text, which aims for the common benefit of the ummah. The need to reconstruct fiqh is considered a necessity when there are extreme difficulties in its application.

Metode Istiṣlah (Maṣlahah) Dan Posisinya Dalam Menyelesaikan Persoalan Ekonomi Modern

2023-09-29T03:21:02+00:00

Economic activities that always move dynamically require legal clarity, especially from the perspective of Islamic law. Among the ijtihad methods applied to modern economic problems by collective mujtahids at this time is the istiṣlāh (maṣlahah murlah) method. This article aims to explain the concept of istiṣlah (maṣlahah), the views of ulama regarding the blasphemy of istiṣlah (maṣlahah) as a legal proposition, and the position of the istiṣlah (maṣlahah) method in solving modern economic problems. This research uses a qualitative research method in the form of document study with a juridical-normative approach. The primary sources for this research are books, both classical and contemporary, related to fiqh and ushul fiqh, especially related to istiṣlah. The research results show that the majority of ulama are of the opinion that istiṣlah (maṣlahah) can be used as a hujjah of syar'iyyah in the formation of law. Others reject his blasphemy as a legal proposition. The istiṣlah method (maṣlahah murlah) has an important position in the process of determining fatwas or modern economic policies in Indonesia.

Force Majeure

2023-09-29T03:27:07+00:00

Force majeure is a situation that occurs after the end of the contract which prevents the debtor from fulfilling his obligations. In this case, the debtor cannot be blamed and must not bear the risk or suspect that something will happen when the contract is made. There are certain conditions to be categorized as force majeure, this must be done in accordance with the points contained in Article 1244 of the Civil Code, including the following; the parties are not in good faith, there are real events that can be proven that a debt cannot be implemented and these obstacles justify that the debtor cannot carry out or cannot carry out as agreed, the debtor must be able to prove that he is not guilty of the events that prevent him from suing . The debtor must be able to prove that the obstacle could not be foreseen at the time the contract was made. Judging from the duration of the force majeure that causes force majeure, force majeure can be divided into two forms, namely; permanent force majeure, and temporary force majeure. The Risk of Force Majeure Occurring in Article 1244 of the Civil Code states that in the event that the debtor is unable to fulfill his engagement obligations properly

Penyelesaian Secara Litigasi Dan Non-Litigasi

2023-09-29T03:33:43+00:00

Dispute resolution carried out through the courts or what is often referred to as "litigation", namely a dispute resolution carried out through a court proceeding where the authority to regulate and decide is exercised by a judge. Dispute resolution outside of court (non-litigation) is an effort to bargain or compromise to obtain a mutually beneficial solution. The advantage of resolving disputes through litigation is that the court decision has definite legal force, is final, creates legal certainty in the position of the parties winning or losing (win and lose position), and can be forced to implement the decision if the losing party does not want to implement the contents of the court decision ( execution). Meanwhile, the advantages of non-litigation are short time, no party knows (personal nature) and cooperation still occurs.