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

Mon, 01 Dec 2025 00:00:00 +0000

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, Muhamad Rifa’i Subhi — Mon, 01 Dec 2025 00:00:00 +0000

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.

AL-BAYAN: JURNAL HUKUM DAN EKONOMI ISLAM

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

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