AL-IKTISAB: Journal of Islamic Economic Law

Halal Business Practice: An Islamic Business Ethics Perspective

Mohammad Ghozali — 2024-11-16

Islamic business ethics is a set of principles and norms that business people must uphold in transactions, behavior, and relationships to achieve business goals safely, these ethics aim as an effort by a business person so as not to get out of Islamic law. The culinary industry is rapidly growing in response to the increasing demand for halal food in scattered Muslim communities across Indonesia. This surge has created opportunities for entrepreneurs to establish halal restaurants, leading to intensified competition. It is crucial to adhere to Islamic teachings and ethical guidelines while running the business to ensure not only profits but also blessings, ensuring the business's longevity and success. This research provides information about halal business models and an overview of ethical information in doing business according to Islamic law in restaurant business practices. This research employs field research and a qualitative descriptive approach. For collecting the data, this study utilized observation, documentation, and direct interviews The results of this study show that halal business practices carried out in business activities follow the Islamic business principles, which can fulfill the characteristics of Islamic business by modelling the four characteristics of the Prophet Saw. as a reference for business practices carried out in all aspects of the business activities, including the characteristics of shiddiq, amanah, tabligh, and fathanah.

Gauging Customer Sentiment Regarding Indonesian Islamic Digital Banks

Tate Agape Bawana — 2024-11-02

The convergence of established Islamic finance and digital platforms has led to the emergence of Islamic digital banking. This study examines the potential and challenges of Islamic digital bank operations in Indonesia, focusing on evolving customer experiences. Data was collected from Instagram comments of Bank Aladin Syariah and Bank Jago Syariah, two Indonesian Islamic digital banks, using Apify Instagram comment scrapper and Python. The analysis revealed a predominantly neutral to positive sentiment, indicating the growing success and societal benefits of Islamic digital banks in Indonesia. However, challenges related to technology infrastructure, sharia compliance, and service quality remain. This study offers a novel perspective on the intersection of customer sentiment analysis, Islamic banking, and the Indonesian digital landscape.

Covid-19 Pandemic as an Event of Force Majeure in Agreements (Case Study of Indonesian Court Decisions)

Mochamad Lailul Fadlan — 2024-11-04

The legal uncertainty regarding the categorization of the regarding whether or not the Covid-19 pandemic Covid-19 pandemic as a force majeure condition has led to inconsistent interpretations for those directly impacted by the situation. Therefore, considerations can be accepted as a reason for force majeure in agreements need further analysis, both in terms of written law and judicial practice. The objective of this research is to determine the legitimacy of the Covid-19 pandemic as force majeure condition and to describe the basis of the court’s reasoning in deciding whether the pandemic can be accepted as a valid reason for force majeure in contractual agreements. This research adopts a normative juridical methodology, utilizing a statue approach, case approach, and conceptual approach. The findings reveal that the Covid-19 pandemic may be considered as force majeure, provided that the debtor (in the contract) can demonstrate fulfillment of the force majeure criteria as stipulated in Article 1244-1245 of the Indonesian Civil Code, as well as the International Chamber of Commerce’s Force Majeure and Hardship Clauses. In practice, in determining whether the Covid-19 pandemic qualifies as force majeure, the court evaluates whether the following elements are satisfied, the event is unexpected (i.e., the Covid-19 pandemic), the event is beyond the debtor’s control, there is no element of negligence of intent, and there is good faith in the part of the debtor.

Maqāṣid Al-Syarī’ah Analysis of the Implementation of Food Social Assistance on Multidimensional Welfare in Indonesia (2020-2023)

Risdayani — 2024-11-05

This research project aims to analyze the effectiveness of food social assistance regulations in Indonesia on multidimensional welfare from the perspective of maqāṣid al-syarī’ah. This research employs a mixed-methods approach, integrating both quantitative and qualitative techniques. The quantitative methods include linear regression tests, while the qualitative methods comprise qualitative descriptive analysis. The findings of this research indicate that the food social assistance program, implemented from 2020 to 2023, had a negligible impact on multidimensional welfare indicators in Indonesia, including the unemployment rate, poverty, and the human development index. While the relationship between food social assistance and the Human Development Index (HDI) is relatively weak, there are indications that adequate food access can improve people's nutrition and health. When viewed through the lens of maqāṣid al-syarī’ah, which prioritizes the pursuit of beneficial outcomes, the implementation of food social assistance aligns with the principles of maqāṣid al-syarī’ah, namely the preservation of religion (hifdz al-dīn), the preservation of the soul (hifdz al-nafs), the preservation of reason (hifdz al-’aql), the preservation of property (hifdz al-māl), and the preservation of offspring (hifdz al-nasl). It is hoped that this research will provide guidance for the government in improving food social assistance and other policies for the benefit of the community in line with maqāṣid al-syarī’ah.

Consumer Protection on the Trade of Stolen Goods at Marketplace in the Perspective of Maslahah Mursalah (Case Study at Facebook Marketplace)

Muhammad Syafiq — 2024-11-08

Trading stolen goods on online platforms, such as Facebook marketplace, is a serious consumer protection issue. This research aims to determine the implementation of forms of trading in stolen goods on the Facebook marketplace, forms of legal protection for consumers, as well as consumer protection against trading in stolen goods from the perspective of maslahah mursalah. This research uses empirical (juridical analysis) and qualitative research methods, where this research uses empirical facts and laws. The research results show that trading in stolen goods on Facebook marketplace includes various types of goods with legal risks for perpetrators and consumers. Existing legal protection, based on the Information and Electronic Transactions Law (ITE Law) and the Criminal Code (KUHP), provides the basis for taking action against perpetrators of trafficking in stolen goods and protecting consumer rights. From maslahah mursalah perspective, consumer protection emphasizes justice and public benefit, as well as avoiding detrimental transactions. This research emphasizes the importance of legal and ethical awareness in online transactions to prevent and deal with trafficking in stolen goods.

Accelerating SDGs to Alleviate Poverty: Synergy Between National Amil Zakat Agency (BAZNAS) and Islamic Financial Institutions (IFI)

May Shinta Retnowati — 2024-11-16

The low level of progress in poverty alleviation in Indonesia is the responsibility of all elements of society. To achieve the realization of the success of the Sustainable Development Goals (SDGs) in 2030, it must be able to be realized. This is not limited to achieving rather than a target but also a need of each country. Through the collaboration of the National Amil Zakat Agency (BAZNAS) and Islamic Financial Institutions (IFI), it has great potential in realizing the goals of the SDGs to eradicate poverty. This type of research is qualitative with descriptive analysis. The results of the study show that Islamic financial institutions can function as potential partners of BAZNAS in providing a zakat collection platform that is easily accessible to the public. With the integration of Islamic financial services, such as internet banking and mobile banking, customers can easily distribute their zakat, infaq, and shadaqah through IFI.

Settlement of Remaining Financing Due to Rejected Insurance Claims from the Perspective of POJK Number 69/POJK.05/2016 (Case Study at BPRS Puduarta Insani Medan)

Hotma Sari Siregar — 2024-11-19

Insurance constitutes a risk transfer mechanism or a contractual agreement among multiple parties, wherein the insurer obligates itself to the insured by accepting a premium in exchange for compensation related to losses, damages, or anticipated profit losses. This research aims to identify the factors contributing to customer claim failures and to understand the resolution of issues faced by customers at BPRS Puduarta Insani Medan. The text subsequently details the resolution of the outstanding insurance claim payment financing that was denied at BPRS Puduarta Insani Medan, analyzed in accordance with POJK Number 69/POJK.05/2016. The author utilizes the empirical legal research method in this study, incorporating data collection techniques including direct interviews and observation within the company. This is subsequently presented as descriptive report. The customer's claim was unsuccessful due to their failure to comply with the pertinent legal provisions. BPRS Puduarta Insani Medan discovered that the customer had acted dishonestly by concealing their ailment from the bank when insuring themselves as a customer. The customer's claim failure at BPRS Puduarta Insani Medan was resolved as a consequence of data manipulation disguised as a health history letter. As a result, the bank and the heirs achieved an agreement that the payment would continue and be settled by the heirs, as it was not regulated in the agreement regarding the customer's demise. POJK Number 69/POJK.05/2016 has established a comprehensive framework for safeguarding the interests of financing companies and the heirs of customers when navigating delicate and intricate circumstances, such as the passing of a debtor. Heirs should carefully examine the financing agreement and the relevant insurance policy to confirm their obligations and rights in these circumstances.