Kompilasi Hukum Ekonomi Syariah

Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LP2M) Pusat Penelitian dan Penerbitan IAIN Sultan Maulana Hasanuddin Banten, 2014

Buku pegangan bagi semua aktivis atau mahasiswa Hukum Ekonomi Syariah

This paper tries to see the Compilation of Islamic Economic Law (Kompilasi Hukum Ekonomi Syariah/KHES) by Islamic law perspective. This KHES compiling constitutes the " positifization " effort of economoic law into national law system which that's by sosiological as response to new growth in economic law in the form of Islamic economic practices in Islamic finance institutions (lembaga keuangan syari'ah/LKS). KHES is none other than the fiqh of Indonesia and ijtihad collective. That refers to resourches which have popular in Islamic schools of law with eclectic pattern. Because in its compiling has entangled Islamic judges, that represents the result of ijtihad, althougt in its compiling has only entangled a part of small expert and practitioner in Islam law, not yet accomodated widely, so that will find many problem in its applying. Nevertheless KHES is the masterwork and the new penetration in economic law in Indonesia. Keyword: KHES, positifisasi, fikih, dan hukum Islam.

ASAS

Law No. 3 of 2006 concerning Religious Courts (PA) provides significant changes regarding the position and existence of PA in Indonesia. The PA's authority is 1) family law cases, 2) sharia economic cases. Follow up on the authority in the field of Islamic economics. KHES was ratified through Supreme Court Regulation (Perma) No. 2 of 2008 concerning the Compilation of Sharia Economic Law. One of the themes in KHES and which is quite widely used by the community is the Syirkah Agreement. The provisions on Syirkah in KHES are contained in Book II Chapter VI concerning Syirkah and Ownership Syirkah. KHES allows all forms of syirkah contracts which include syirkah inan, syirkah abdan, syirkah mufawadhah, syirkah wujuh and syirkah mudharabah. The Maliki School allows shirkah inan, shirkah abdan, and shirkah mufawadhah but does not allow syirkah wujuh. Syirkah is valid because it is only related to the value of property and work. Meanwhile, there are no two main elements in syirkah wu...

Gambaran Ekonomi syariah, gambaran awal tentang apa saja itu ekonomi syariah itu sejatinya.

Jurnal Alwatzikhoebillah : Kajian Islam, Pendidikan, Ekonomi, Humaniora

The Compilation of Sharia Economic Law is a legal product that was compiled in response to developments in the study and practice of muamalat law in Indonesia. KHES consists of four book parts, the first book discusses the Subject of Law and Amwal which consists of 3 chapters and 19 articles, the second book discusses the Agreement which consists of 29 chapters with 655 articles. The third book discusses zakat and grants which consists of 4 chapters with 60 articles and the fourth book on Sharia Accounting which consists of 7 chapters with 62 articles. This article was compiled using a qualitative descriptive method to explain the 13 principles in KHES. The principles of the contract include ikhtiyari, amanah, ikhtiyati, luzum, mutual benefit, taswiyah, transparency, ability, taisir (ease), good faith, halal cause, al hurriyah (freedom of contract) and al kitabah (written). Of these thirteen principles, all of them are intended so that every contract that occurs in the economic sphe...

Akuntansi Keuangan Lembaga BMT telah banyak disoroti terkait dengan kapasitas dan kapabilitasnya menjaga stabilitas keuangan mereka. Namun apakah ada keserasian antar aplikasi keuangannya dengan KHES?.