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UIN Malang

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Kamis, 26 Desember 2013

OBLIGATION

Siti Umiul Ni’mah (11220096)
OBLIGATION
Bonds or bond , is a long-term debt securities issued by the borrower , the obligation to pay the bond holders ( bondholders ) a predetermined fixed rate sebeluan umnya .
TYPES OF BONDS
1 . Types of bonds by definition
Regarding this bond , bibin Bisono remarks were as follows :
Bond is Widely known in Indonesia as a fixed bearing debt counpon paper . Bond is issueed following the procedure of initial public offering and listed in a stock exchange . It normally matures more than one year (Generally between five tom -seven year) .
In free translation can be said bahawa ahudi Indonesia , the statement rat bond debt with fixed interest / coupon . Bonds YANMA to seven mumnya lin ( ug issued by a party through a public bidding procedure for a period exceeding one year ( generally five to seven years ) and listed on the exchange.[1]
2 . Types of bonds based on interest and collateral
Some types of bonds based on criteria netapan intentif interest , for example : floating rate bonds , fixed rate bonds , and o coupon bonds .
a. Floating rate bonds are bonds that are offered with a floating interest rate .
b.Fixed rate bonds , which means it contains the sense opposite to the floating rate bonds , which means the interest on the bonds being offered are fixed / free berubah.jemahan not mean flood
c.sementara the zero coupon bonds are a type of bond that is offered by way of giving discounts to buyers of bonds .
The types of these bonds are as follows .
1.Obligasi with fixed interest rate
2.obligasi floating rate
3.obligasi on bail.[2]



[1] Bibin busono, Mengkaji Pasar Sekunder Obligasi Di Indonesia. (Jakarta: Jurnal Hukum Bisnis, vol 3, 1998), h. 51
[2] Adrian sutedi, Aspek Hukum Obligasi Dan Sukuk, (Jakarta, sinar grafika, 2009), h. 22

Installment loans in Islamic Banking


Baerin Oktaviani (11220012)


Installment loans in Islamic Banking

One of the sale and purchase transaction in the public is often used in transaction purchase with the credit system. This transaction is a transaction in which the method of payment by installment or installments, this transaction is also referred to as a credit purchase. In simple terms a loan disbursement of the funds to the owner who requires funds. The distribution of these funds is based on the trust funds provided by the owner to the user of funds.[1]

The definition of credit sale and purchase transactions are sale and purchase of credits is buying and selling in a way that owes payment in installments of up to a certain period as agreed. Sell ​​/ buy with credits means that someone selling / buying something at a price that is paid is a tough time. In fiqh credit sale is known as al-bai 'ad-dayn wa bi bi at-Taqsith or bai' bits-tsaman'' ajil.[2]

Sale and purchase of credit is not only in society, but sale and purchase with the credit system is also in the practice of Islamic banking. The sale and purchase of credit is one of the Islamic bank financing products, as one example contained in the financing of mortgage products (mortgage).

            Sale and purchase existing loans in Islamic banks is different from sale and purchase credits that often in the community. Islamic banks apply to the purchase of credit murabaha contract, where the contract is a sale and purchase murabaha sharia credit. Murabaha contract is a purchase transaction in which the bank put the profits. Bank acting as the seller, while the buyer's customer. selling price is the purchase price plus the banks of the supplier profit (margin). In banking murabaha always done by installment payments (bi tsaman ajil or muajjal). In this transaction the goods are delivered immediately after the ceremony, while the payment is made in tough / installment.[3]

Credit is practiced in Islamic banks must comply with the principle of the loan that is the foundation of trust between the bank and its customers, because sale and purchase these loans are very vulnerable to the presence of default on the part of customers who do not keep their promises in a murabaha financing with the credit system.




[1] Ismail, Manajemen Perbankan: Dari Teori Menuju Aplikasi.(Jakarta:Kencana, 2010), h. 93.
[2] Burhanuddin S, Hukum Kontrak Syariah  (Yogyakarta: BPFE YOGYAKARTA, 2009), h. 238
[3] Karim, Bank Islam Analisis Fiqh dan Keuangan (Jakarta: PT Raja Grafindo Persada, 2006), h. 98.

Customary law (tradition) Wafirotul Haifa 11220010


Customary law (tradition)
Custom or tradition is the oldest source of law, where the source is known or can be extracted portion of the law outside the law, where we can find or diglegal. The meaning is the same looping behavior in the community whenever there is a situation of the same community. New habits become habits customary law when it is believed by society as aliability in accordance with the law because of perceived justice. In addition, one can also become a habit because dikonstatir customary law by the judge in his decision.
Requirements to be a common law are: First, the existence of a material condition or behavioral habits that remain or be repeated, which is a series of the same act, which lasted for some time. Should be able to shown the existence of long-lasting action, there must be what is called longa et inventerata consuetudo. Second, it should be a condition of intellectual habits cause necessitatis opinion (Convictions general) that the action was a legal obligation. This belief is not only a belief that always apply, but the belief that it should be so. The habit is to be done because of the belief, that it should be done objectively, it is believed that by doing do a legal obligation. And third, due to the existence of the common law when the law was violated.
In general, the common law in a society can be distinguished, namely: general common law that applies to the entire territory of the country within a country with an area of ​​the Republic of Indonesia to the position of the lot, the law applicable local toxicity in the environment area smaller (provincial/district), specifically the common law or customary law prevailing in a group environment specific group of people (in the profession).

TAX IN ISLAMIC LAWS PERSPECTIVE




Baerin Oktaviani (11220012)

TAX IN ISLAMIC LAWS PERSPECTIVE

According to Law No. 28 of 2007, article 1 tax is mandatory contribution to the state that are owed by the individual or recht person that is force under the Act to not get rewarded directly and used for the purposes state for the greatest for the people's welfare.[1]

Scholars different as to whether there is an obligation of the Muslims to the wealth other than zakat. The majority of fuqoha give opinions that zakat is the sole obligation of the Muslims to the wealth. On the other hand there are opinions of scholars that in the wealth there is obligation wealth other than zakat. The theorem is Surah Al-Baqarah: 177.  Middle ground of these two differences is that the liability of wealth which is obligatory zakat, but if it comes condition that calls for additional purposes (darurah), so there will be other obligations such as tax (dharibah). This opinion was expressed by Imam Malik, Imam Qurtubi, Imam Syatibi, Mahmud Syaltut.[2]

In the Arabic term, tax known as العشر (Al-Usyr) or المكس (Al-Max), or it could be called لضريبة (Adh-dharibah), which means it is; "Tax levied from the people by the government". Or one day be called الخراج (Al-Kharaj), but Al-Kharaj used for tax levies relating to land in particular. While the pemungutnya called صاحب المكس (Shahibul Max) or العشار (Al-Asyr).[3]

Be permitted tax according to the scholars mentioned above, the main reason is for the benefit of the people, because government funds are insufficient to finance various "expenses", which if it is not financed spending, then there will be kemadaratan. While preventing the harm is also an obligation. Tax can be used to build roads, and in many ways can be more flexible in its use. While the charity, in its use will be tied into the ashnaf as stated in the Qur'an. Zakat under any pretext can not be equated with taxes. Zakat can not be equated with taxes. Many things different between the two, including:

1.      Zakah is a manifestation of the ummah obedience to the commands of Allah and the Prophet Muhammad, while the tax is a national observance to ulil amri (leader).

2.      Zakat levels specified in the Qur'an and Hadith, while the tax established by state law.

3.      Zakat is only issued by the Muslims while the taxes incurred by every citizen regardless of what religion and belief.

4.      Zakat applies to every Muslim who has reached nishab in the country regardless of where he lived, while the tax applies only within the territorial boundaries of a country line alone.

5.       Zakat is an obligatory worship preceded by intention while not wearing intentions tax. And indeed there are many more things that differentiate between zakat and tax.

In addition there is the notion that taxes and tax collection is a haram in Islam. As for some hadith that explains the prohibition of taxes and a threat to the pullers, one of the Prophet Muhammad hadith that reads "Truly actor / tax collector (diadzab) in hell" [Reported by Ahmad 4/109, Abu Dawud book Al-Imarah: 7. However, people should still pay taxes, because it is a rule of government for the benefit together and when viewed from maslahah and mudharat, then if greater maslahah paying taxes is a duty to society.




[1] UU No 28 Tahun 2007 tentang Ketentuan Umum Tata Cara Perpajakan
[2] Gusfahmi, Pajak Menurut Syariah. (Jakarta: Rajawali Press, 2007), hal. 169-181
[3] Lihat Al-Mughni 4/186-203

Market Manipulation

Market manipulation is the act either directly or indirectly with the aim of creating a false or misleading picture regarding trading activity, market conditions, or the effects on the stock price efek. Community investors are in need of information regarding trading activity, market conditions, or the price of securities on the stock exchange are reflected of the power of buying and selling securities as a basis for making decisions is market manipulation investasi. For the example is effect transactions which do not result in a change of ownership or false transactions, to sell securities at a specified price in collusion with others doing the same effect on the purchase price approximately the same.
Other examples of market manipulation is the act of "frying" stocks (wash trading). Manipulation is creating false transactions as if selling a particular stock purchased by investors that the price goes up or the stock transaction that is expected to impress liquidity demand by investor. Actually, the buyer in the transaction this is the sort associated with the seller. In this case, formation of stock prices is not Alamiyah or not because the market healthy. Manipulation market mechanism could also occur because of "false information" or "miss information" with the purpose of influencing investor or competitor company's share price dropped.
Rif’atul Machmudah (11220027)

The Theory of Rights in Islam


When tracing the propositions contained in the Qur'an or al-Hadith, copyright issues don't have evidence or explicit Foundation of nash. This is because the idea of recognition of copyright itself is a new issue that has not been known before. Nevertheless, implicitly, the protection of copyright in Islamic law. This is because the concept of rights itself in the perspective of Islamic law, not raw and thrive in a flexible and permanent implementation would depend on the circumstances.
Review the issue of copyright in review islam, the writer will begin by discussing the views of Islam itself. The rights of (al-haqq) etymologically means belonging; statutes and certainty. According to terminology, there are several notions of Rights expressed the scholars of fiqh. Some of the scholars mutaakhkhirin (later generations) the right is a law that has been set by syara. Sheikh al-Khafifi (the fiqh scholars Egypt) perceive it as a benefit obtained by syara. az-Zarqa Mustafa Ahmad (fiqh scholars by Syria Jordan) defined it as a specificity that it established a power. syara Shorter again, Ibn Nujaim (d. 771 1563 M/H) expert fiqh Hanafi Madhhab defined it as a specificity that is protected.
Teungku Muhammad Hasbi ash-Shiddieqy shared a sense of entitlement to two sections, namely the notion of specific and General. The rights are specifically defined as a set of rules and nash set the basics which must be obeyed in respect to our fellow human beings, both regarding individual (person), nor about wealth power mastering something or something which is obligatory for a person over the other. While haq according to Gus Zarqa 'perspective: ' Specificities recognized by Islamic jurisprudence, be it in the form of authority or the imposition of freedom. '
11220021

(UMKM) Micro Small Medium Enterprises


Investment happened is currently very memerkukan assorted rather to be accompanied by agreement among several parties in a procedure investment, especially for micro small medium enterprises (UMKM ) and koperasi because prekonomian process can support people according to purpose of the nation.
Production wrought by all for all helpdown pimpinan or penilikan members of society. Prosperity masyarakatlah which included not orang-seorang prosperity. Therefore economy composed as a mutual effort based on the principle of family. Up according to company were cooperative. Economy based on economic democracy prosperity for everyone.
The purpose of KPPMD is to achieve performance of synergy in the implementation of capital investment, particularly in terms of identifying and compiling the program activities as well as solving issues related to capital investment.

ISLAM

11220021
The word Islam, wich is derived from arabic, means to accept, to follow and to obey. In other words, Islam is following Allah, the master. Allah is our Creator and the Master. Our succes in life relies fully on following the master.
Therefor, we must all obey His commads, either in words or in deeds. But ALLAH has let us be free to obey or not to obey Him. Life is like a test.
The successful test laker is one who obeys Allah. In other words, the real succes in this life and the life after death is in obeying Allah. True peace also lies only in following Allah. The word Islam also means peace. Therefore, Islam means both obedience to Allah and peace. Islam seeks peace thourght obidience to Allah, the creator and the Master. Islam is a religion from Allah which leads its followers to gain true peace.

The Demonstration

11220021
Demonstration upon labor payment standart has increased lately. There are severval reasons why labors held the action. One of the reasons is about the idea of social class, working class or middle class.
In the past, the working class that is those who do manual work tended to be paid less than middle class people, such as doctors and engineers. As the result of this matter and of the fact that worker’s jobs were generally far less secure, distinct differences in life style and anttitudes came into existence.
No matter how do working class or middle class people view their welfare, there seems to be less differences found now than in provious generation.