AL-BAYAN: JURNAL HUKUM DAN EKONOMI ISLAM

Akad Syirkah (Kemitraan) Dan Mudharabah (Bagi Hasil) Serta Pengaplikasiannya Dalam Pembiayaan Usaha Produktif

Zahra Maulidatul Husna — 2025-12-01

Syirkah and mudharabah are two forms of partnership contracts widely applied in financing productive business activities within Islamic financial institutions. Both contracts are based on the principles of profit and loss sharing and the prohibition of riba, which promote fairness and ethical economic practices. However, their implementation in society still faces challenges due to limited understanding of their conceptual distinctions, mechanisms, and risk-sharing characteristics. This article describes the concepts of syirkah and mudharabah, including their essential elements and operational requirements, as well as their application in productive financing schemes. In syirkah, all partners contribute capital and/or managerial efforts and are entitled to profits according to the mutually agreed ratio, while losses are borne proportionally based on each partner’s contribution. In contrast, mudharabah involves a collaboration in which the investor provides capital and the entrepreneur manages the business. Profits are distributed based on a predetermined profit-sharing ratio, while financial loss is borne solely by the investor, as long as the entrepreneur is not negligent or in breach of trust. The analysis indicates that both contracts have significant potential to support the development of micro, small, and medium enterprises (MSMEs) and strengthen the Islamic economic system. Nevertheless, the selection of the appropriate contract must consider the business characteristics, the capabilities of the parties involved, and the level of risk they are willing to bear. With accurate understanding and implementation, syirkah and mudharabah can serve as transparent, equitable, and sharia-compliant financing solutions for the community.

Nikah Batin dalam Serial Bidaah: Perspektif Hukum Islam dan Perlindungan Perempuan

Nauroh — 2025-12-01

In this study entitled inner marriage in the bidaah series, it describes the Malaysian drama series Bidaah seen from the perspective of Islamic law and its implications for the protection of women. The main issues to be discussed are the justification of inner marriage according to Islamic law and the social and legal impacts that arise, especially exploitation and sexual violence against women. The purpose of this study is to assess how the practice of inner marriage is in accordance with the provisions of Islamic law so that it can analyze how this practice can affect the protection of women. By using a qualitative approach with a literature study method related to Islamic marriage law and inner marriage cases that exist in society. The results of the study show that the practice of inner marriage in the series is contrary to the legal requirements of an Islamic marriage because it does not meet the pillars and requirements such as the presence of a guardian, witnesses and an official contract. In addition, this practice is manipulative and there is sexual violence against women due to forced abortion and social stigma. This study also found differences between the practice of inner marriage in the series and the tradition of legitimate inner marriage in the tarekat in several regions. So this study emphasizes the need for the role of religious instructors to educate to protect women from the misuse of inner marriage which will be detrimental.

Revitalization Of Islamic Philanthropy In Empowering The Economy Of The People In The Digital Era

Abdul Chamid — 2025-12-07

This study analyzes the revitalization of Islamic philanthropy in the economic empowerment of the ummah in the digital era by highlighting the potential and challenges of digitizing zakat, infaq, alms, and waqf (ZISWAF). Digitalization enables transparency and efficiency in the distribution of funds, expands community participation, and increases access to Islamic philanthropic services. However, challenges such as regulations that have not been fully supported, low digital literacy, and lack of innovation in distribution models remain obstacles. This study uses the content analysis method to identify patterns and trends in the management of digital Islamic philanthropy and Critical Discourse Analysis (CDA) to evaluate policy and regulatory narratives related to the digitization of zakat and waqf. The results of the study show that the digitization of Islamic philanthropy has great potential in improving social welfare and economic empowerment of the people, but requires a more systematic strategy and clear regulations. Strengthening governance based on sharia maqāṣid, digital education, and optimization of technology such as blockchain are the key to the sustainability of Islamic philanthropy in the digital era.

Analisis Perbandingan Mazhab Syafi’i dan Hanbali Terhadap Hukum Wudlu dengan Air Musta’mal

Ahmad Khoirus Sya'bani — 2025-12-11

This study examines the differences between the Shafi'i and Hanbali schools of thought regarding the law on the use of musta'mal water in wudu, which is an important issue in the practice of thaharah amid water scarcity and developments in water treatment technology. The purpose of this study is to analyze the differences and similarities in the arguments of the two schools of thought and their legal implications for the validity of wudu. This study uses a qualitative approach with a library research method, with data sources in the form of classical fiqh books and relevant scientific journal articles. Data analysis techniques were carried out through content analysis to examine the patterns of argumentation, the basis of istinbath law, and the methodology of determining the law of each school of thought. The results show that the Shafi'i school of thought views musta'mal water as pure but not purifying, so it is not valid for use in wudu, while the Hanbali school of thought argues that musta'mal water can still be used as long as it has not undergone any physical changes and has not been mixed with impurities. This difference reflects a difference in methodological approaches, whereby the Shafi'i school of thought emphasizes the principle of caution, while the Hanbali school of thought emphasizes the empirical condition of water. This study is expected to serve as a reference in the development of comparative fiqh studies and provide practical understanding for the community.

Akad Ariyah dan Akad Qardh Serta Pengintergrasiannya Dalam Analisis Kasus Kontemporer

Zian Rahmah W. — 2025-12-11

In social life, borrowing and lending activities are part of social interaction. However, many people still engage in borrowing and lending practices that are not in accordance with Islamic provisions. Islam regulates the provisions of contracts when carrying out mu'amalah activities, which are called akad. Akad is a relationship between ijab and qabul that gives rise to law. This study aims to examine and explore the concepts of Akad Ariyah (loan for use) and Qard (loan) in muamalah fiqh and their integration in contemporary cases. This study uses a qualitative method with a library research approach, with data obtained from the book Fiqh Muamalah, scientific journals, and Fatwa DSN-MUI. The results of the study show that the Ariyah contract (العارية) is a loan contract in the form of assistance with assets to be used without compensation and without changing the assets. The Qard contract (القرض) is the transfer of assets to be used and must be returned without additional interest (riba) or an equivalent amount. Therefore, we must understand these two contracts because the Ariyah and Qard contracts are very important for us to avoid usury practices and to maintain the principle of justice in conducting contemporary transactions.

Akad Kerjasama di Bidang Pertanian: Akad Muzara’ah dan Musaqat

Salfa Salsabila Nadya Aziz — 2025-12-11

This study aims to analyze the concept of cooperation contracts in the agricultural sector from an Islamic economic perspective through two main forms, namely muzara'ah and musaqat contracts, and examine their legal basis and implementation in agricultural practices in society. In this study, we use a descriptive qualitative method with a library research approach, which involves analysis of classical literature (fiqh muamalah) and modern (journals and Islamic economic regulations). The results show that the muzara'ah contract is a form of cooperation between landowners and cultivators where agricultural products are divided based on an agreement, while the musaqat contract is a collaboration in managing crops that have already grown, and cultivators are obliged to be responsible for maintaining the plants until harvest time. Both have a legal basis in the Qur'an, Hadith, and the consensus of scholars, which emphasize the importance of the principles of justice, willingness, and benefit in economic cooperation. The implementation of these contracts in several agricultural regions in Indonesia shows that the muzara'ah and musaqat models are still relevant as equitable cooperation systems, especially in increasing the productivity and welfare of smallholder farmers. This research concludes that the implementation of sharia agricultural contracts can be an alternative solution in realizing an economy based on justice, blessings, and sustainability. Strengthening regulations, education, and mentoring institutions are needed so that the practice of these contracts can be optimally implemented in the national agricultural system.

Konsep Khāfī Dilalāh Perspektif Ulama Salaf dan Khalaf

Nur Ainun Mardiah — 2025-12-30

This research analyzes the concept of Khāfī Dilalāh an ambiguous legal term due to external factors from the perspectives of Salaf and Khalaf scholars, using the term al-sāriq from Q.S. al-Maidah verse 38 as a case study, with implications on some similar issues. Employing a qualitative-comparative methodology via library research, this study aims to examine how the differing approaches to istinbat the Salaf's textualism versus the Khalaf's rational-contextualism impact legal outcomes. The findings reveal that Salaf scholars tend to limit the application of law to explicit texts, whereas Khalaf scholars expand it based on the underlying ‘illat (legal reason) and Maqāsid al-Shari'ah (objectives of Islamic law). This divergence is evident in the resolution of corruption cases, which are consensually categorized as jarīmah ta'zir rather than hadd. The study concludes that this methodological difference is not merely theoretical but has direct causal implications for legal application and the relevance of contemporary Islamic jurisprudence, thereby addressing a fundamental gap in existing literature.