Abd. Shomad
Fakultas Hukum Universitas Airlangga Surabaya

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PENERAPAN PRINSIP BAGI HASIL PADA BANK SYARIAH DI JAWA TIMUR Shomad, Abd.
Masalah-Masalah Hukum Vol 39, No 2 (2010): Masalah-Masalah Hukum
Publisher : Faculty of Law, Diponegoro University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (3895.975 KB) | DOI: 10.14710/mmh.39.2.2010.96-105

Abstract

The purposes of this research are to find out knowledge and understanding of PLS-Principle and its application in the operating of Islamic Bank. The type of this research is legal research. By this research showed up that Jointventure Profit Sharing (Musyarakah) is Islamic Law and nationalbanking Law concept Musyarakah is form business arrangement in which a number of partner pool their financial resources to undertaken a commercial industrial enterprise and share in the resulting profits (or losses) corresponding to their share in the financial arrangement maybe applied eitherto the whole form on may have project specific orentation. By this research showed up that Musyarakah be applied in Islamic Banking by some modification to harmonized with the condition of modern banking. That application is not contradict with to principle of Islamic Law.
The Principles of Zakat and Tax Upon the Time of Rasulullah SAW. Septiandani, Dian; Shomad, Abd.
Hang Tuah Law Journal VOLUME 1 ISSUE 1, APRIL 2017-SEPTEMBER 2017
Publisher : Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v1i1.11

Abstract

Zakat is one of principal worship requiring every individual (mukallaf) with considerable property to spend some of the wealth for zakat under several conditions applied within. On the other hand, tax is an obligation assigned to taxpayers and should be deposited into the state based on policies applied, with no direct return as reward, for financing the national general expense. In their development, both zakat and tax had quite attention from Islamic economic thought. Nevertheless, we, at first, wanted to identify the principles of zakat and tax at the time of Rasulullah SAW. Therefore, this study referred to normative research. The primary data was collected through library/document research and the secondary one was collected through literature review by inventorying and collecting textbooks and other documents related to the studied issue.
The Development of Murabaha in Indonesian Islamic Banks Kurniawan, Ari; Shomad, Abd.
Rechtsidee Vol 3, No 1 (2016)
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v3i1.153

Abstract

Over the last few years, Islamic trading transaction has become more popular in Indonesia. Retail trade in Islamic banks for an example. There are many Islamic banks in Indonesia that provide alternative business transactions and halal product in retail trade to the public based on Islamic law, but Islamic banks must obey not only the origins of Islamic law, such as the Holy Qur’an and the Sunnah but also Islamic principle in terms of the prohibition of uncertainty, interest and gambling when they run their business in retail trade. One of the agreements in retail trade is Murabaha which involves several possible structures, notably direct trading, company (seller) purchases via an agent or a third party and murabaha via the customer as an Agent. However, there are several contemporary issues, particularly Murabaha via Shares and executing time of Murabaha that still need to be discussed whether they disobey Islamic law and basic Islamic principles or not. 
PHILOSOPHICAL FOUNDATION OF RELIGIOUS COURT COMPETENCE TOWARDS ENCUMBRANCE RIGHT EXECUTION Shomad, Abd.; Bintoro, Rahadi Wasi
Jurnal Dinamika Hukum Vol 18, No 2 (2018)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2018.18.2.2063

Abstract

Religious court as forefront in economic sharia dispute resolution in litigation has not ideal place to perform their duty since there are still regulation conflicts such as implementation of encumbrance right execution which still becomes a domain in district court. As explained, this article discusses phi-losophical foundation of Religious Court competence to resolve economic sharia issues. In regard to this, conceptual approach, law approach and historical approach are respectively used. Based on the analysis, basic competence of religious court is Islamic personality principle which carries the use of Islamic law elements (sharia principle) in its legal relationship. From the analysis the implication is drawn that as long as a dispute belongs to economic sharia, then it is Religious Court which is com-petent to handle including court decision.Keywords: law enforcement, economic sharia dispute, absolute competence, court decision implementation
Transformation of Banking Law in Indonesia Shofiana, Gabrielia Febrianty; Shomad, Abd.; Bintoro, Rahadi Wasi
Jurnal Dinamika Hukum Vol 19, No 2 (2019)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2019.19.2.2523

Abstract

Globalization development through the market economy system has created injustice for humankind,encouraging Muslims to implement the Sharia in their economic activities. The rapid growth of shariaeconomy in Indonesia, ultimately affects the financial industry, including the banking that implicatesregulation and organizational structure causing two banking systems, namely conventional banking andsharia banking. Based on the description, this paper discusses the national banking law that applies two rulesof law in Indonesia. To address these legal issues, conceptual approach, statutory approach and historicalapproach are used. Based on the analysis, since the enactment of Law Number 21 Year 2008 on Sharia Banking,the existence of sharia banking is getting stronger. Therefore, in Indonesia there is a dual bank system in onerule, namely banking law. Both banks are responsible to bank Indonesia as national central bank.Conventional banks may conduct business activities based on sharia principles, but not so for sharia banks.Keyword: conventional bank, sharia bank, sharia principles