Aspek hukum kontrak dagang via internet (cyberspace transactions) dalam perspektif sistem hukum Islam

Trade contracts via the internet (cyberspace transactions) or e-commerce or in other terms is a necessity inthe development of cyberspace in the last ten decades. In terms of the applicable legal aspects, contractstrade via the internet is having a substantial difference with the conventional contract law. From theviewpoint of Islamic Law (fiqh), the implementation of e-commerce business transactions can besamed with al-sala>m transactions in the way of payment and delivery of commodities which serve as theobject of the transaction. Transactions in e-commerce over the Internet can be aligned with the principlesof the existing transaction in the transaction al-salam, especially relating to the parties involved in thetransaction, the consensus statement and transaction through a transaction object. Based on thesestudies, the commercial transactions over the Internet is allowed as long as meet the principles of thecontract (‘aqad) in Islam, namely: (1) the parties involved in implementing the contract with proves goodand sincerity; (2) the process of conveying statements of the consensus between party is clear and notconflicting with shar’i; and (3) the object of transactions (goods or services) is something that is halal. Keywords: Trade contracts via internet; Legal aspects of contracts; Transactions al-salam

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Transaksi Bisnis Online dalam Perspektif Islam

SERAMBI: Jurnal Ekonomi Manajemen dan Bisnis Islam ◽

10.36407/serambi.v2i2.173 ◽

2020 ◽

Vol 2 (2) ◽

pp. 91-102

Author(s):

Siti Dwi Pujiyanti ◽

Anis Wahdi

Keyword(s):

Qualitative Research ◽

Research Method ◽

Islamic Law ◽

The Internet ◽

Library Search ◽

Business Transactions ◽

Transaction Process ◽

Online Business ◽

Responsible Party

Purpose-The purpose of this research is to find out and explore the online business transactions implemented by the Tokopedia application and online business transactions in the Islamic perspective on the Tokopedia application case study. Methods- This study is a qualitative research method, namely by using the Library Search (Literature Review) field by taking references from several books and sources from websites or the internet. Findings- From the results of this study, it can be concluded that the transaction of buying and selling online on the Tokopedia application is perfectly legal in Islamic law. As long as there is no element of deception or fraud or the desired item is incomplete or defective (not as expected) that occurs during the transaction process. Even if this happens, the responsible party is obliged to return all buyer's money and the sale and purchase is considered invalid because it does not meet the trading agreement.

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LEGAL ASPECT OF ‘GOLD FARMING’ ISLAMIC BANKING PRODUCT

AHKAM Jurnal Ilmu Syariah ◽

10.15408/ajis.v14i2.1275 ◽

2014 ◽

Vol 14 (2) ◽

Author(s):

Ibrahim Siregar

Keyword(s):

Product Innovation ◽

Islamic Law ◽

Legal Aspect ◽

Contract Law ◽

Legal Aspects ◽

Islamic Banking ◽

Islamic Bank ◽

The Law

Legal Aspects of ‘Gold Farming’ Islamic Banking Product. Islamic banking can progress quickly through market-based product innovation. This product innovation must be in accordance with the rules laid down in Islamic law. The concept of contract in Islam should pay attention to three aspects, namely: the substance of contract law, the law that is related to the substance of the contract, and contract clarity. A contract becomes invalid if ta’alluq(dependence between two or more contracts) and shafqatayn fî al-shafqah(uncertainty arising from multiple contracts) occurs. This article explains that the ‘gold farming’ products offered by Islamic bank violate of the principles of contract in Islam. This product should be the modified further to accord with the rules of Islamic contract.DOI: 10.15408/ajis.v14i2.1275

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Contract Formation Using Automated Message System: Survey of Islamic Contract Law

Arab Law Quarterly ◽

10.1163/157302509x415684 ◽

2009 ◽

Vol 23 (2) ◽

pp. 167-180

Author(s):

Muhammad Subaty ◽

Mostafa Elsan

Keyword(s):

Islamic Law ◽

Contract Law ◽

Legal Aspects ◽

Automated System ◽

Contract Formation ◽

Natural Person ◽

The Right ◽

Message System ◽

Input Error

AbstractThe issues discussed are the legal aspects of creating contracts using Automated Message Systems. For example, should a transaction or series of contracts be nullified after the right to withdraw has been exercised? The right to withdraw was created to protect a “natural person” unable to correct a human input error in an automated system. Interpretation of contracts under Islamic law concerning this and related topics is presented.

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“The Fabric of our Lives”

Fieldwork in Religion ◽

10.1558/firn.v4i2.150 ◽

2010 ◽

Vol 4 (2) ◽

pp. 150-167

Author(s):

Jim McDonnell

Keyword(s):

Information Society ◽

Information Ethics ◽

Media Ecology ◽

The Internet ◽

Active Engagement ◽

Policy Debates ◽

Problematic Area ◽

The Way

This paper is a first attempt to explore how a theology of communication might best integrate and develop reflection on the Internet and the problematic area of the so-called “information society.” It examines the way in which official Church documents on communications have attempted to deal with these issues and proposes elements for a broader framework including “media ecology,” information ethics and more active engagement with the broader social and policy debates.

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Children in Cyberspace: Challenges for Librarians

Bibliotekovedenie [Library and Information Science (Russia)] ◽

10.25281/0869-608x-2009-0-5-39-45 ◽

2009 ◽

pp. 39-45 ◽

Cited By ~ 1

Author(s):

Vera P. Chudinova

Keyword(s):

Legal Aspects ◽

The Internet ◽

Direct Relevance ◽

Russian State ◽

Younger Generation ◽

The Given

The results of the research the interaction problems between children, teenagers and the Internet, and problems of protection and realization of their rights by librarians are considered in the article. The results of foreign researches on the given theme are also presented. A number of its legal aspects is analysed, the rights of children of direct relevance to the theme of “Children and the Information” on the basis of the UN Convention are placed in strong relief. The main features, possibilities and dangers of the Internet to development of the person are shown.The surveys of schoolchildren, teachers and librarians, which were hold by researchers of the Russian State Children Library, have allowed the author to find out various aspects of the younger generation interaction with the Internet, to set out the actual problems facing library experts today.

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Improving Document Retrieval with Spelling Correction for Weak and Fabricated Indonesian-Translated Hadith

Jurnal RESTI (Rekayasa Sistem dan Teknologi Informasi) ◽

10.29207/resti.v4i3.1913 ◽

2020 ◽

Vol 4 (3) ◽

pp. 551-557

Author(s):

Muhammad zaky ramadhan ◽

Kemas Muslim Lhaksmana

Keyword(s):

Retrieval System ◽

Islamic Law ◽

Vector Space Model ◽

Document Retrieval ◽

The Internet ◽

Average Precision ◽

Spelling Correction ◽

Space Model ◽

The Mean ◽

The Web

Hadith has several levels of authenticity, among which are weak (dhaif), and fabricated (maudhu) hadith that may not originate from the prophet Muhammad PBUH, and thus should not be considered in concluding an Islamic law (sharia). However, many such hadiths have been commonly confused as authentic hadiths among ordinary Muslims. To easily distinguish such hadiths, this paper proposes a method to check the authenticity of a hadith by comparing them with a collection of fabricated hadiths in Indonesian. The proposed method applies the vector space model and also performs spelling correction using symspell to check whether the use of spelling check can improve the accuracy of hadith retrieval, because it has never been done in previous works and typos are common on Indonesian-translated hadiths on the Web and social media raw text. The experiment result shows that the use of spell checking improves the mean average precision and recall to become 81% (from 73%) and 89% (from 80%), respectively. Therefore, the improvement in accuracy by implementing spelling correction make the hadith retrieval system more feasible and encouraged to be implemented in future works because it can correct typos that are common in the raw text on the Internet.

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Authority by Allusion

10.1093/oso/9780198805939.003.0006 ◽

2017 ◽

Author(s):

Rebecca Skreslet Hernandez

Keyword(s):

Social Media ◽

Fifteenth Century ◽

Islamic Law ◽

Religious Institutions ◽

Political Arena ◽

Modern Era ◽

The Way

The final chapter brings the discussion of al-Suyūṭī’s legal persona squarely into the modern era. The discussion explores how contemporary jurists in Egypt use the legacy of the great fifteenth-century scholar in their efforts to frame their identity and to assert authority as interpreters and spokesmen for the Sharīʿa in a political arena that is fraught with tension. In the midst of Mursī’s embattled presidency, leading scholars at Egypt’s state religious institutions rushed to news and social media outlets to affirm their status as representatives of “orthodoxy” and to distance themselves from more extreme salafī trends that threaten to change the way Islamic law is practiced in the modern Egyptian state. It is striking how closely the image of the moderate Sunni, Sufi-minded, theologically sound scholar grounded in the juristic tradition (according to the accepted legal schools) fits with the persona that al-Suyūṭī strove so tenaciously to construct.

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