ANALISIS TRANSAKSI JUAL BELI BAWANG MERAH BERPANJAR DALAM PERSPEKTIF HUKUM ISLAM (STUDI KASUS DI DESA PUTREN KECAMATAN SUMORO KABUPATEN NGANJUK) (Cancellation of Akad for Selling Onions Around In Islamic Legal Pespectives)

2019 ◽  
Vol 3 (1) ◽  
pp. 97-116
Author(s):  
Moh. Ridlo Pambudi ◽  
Jamaludin A. Kholik ◽  
Moh. Nafik
Keyword(s):  
Data Analysis ◽  
Local Community ◽  
Islamic Law ◽  
Field Research ◽  
Research Field ◽  
Normative Approach ◽  
Village Community ◽  
Lack Of Information ◽  
Floating System ◽  
Qualitative Descriptive

Dalam transaksi jual-beli terkadang terjadi ketidak seimbangan dalam keuntungan maupun kerugian antara kedua Aqid. Dalam hal ini batalnya akad jual-beli bawang merah berpanjar yang dilakukan oleh Masyarakat Desa Putren Kecamatan Sukomoro Kabupaten Nganjuk pembeli bawang merah berpanjar ketika harga bawang merah naik, harganya tidak di naikan oleh sipembeli kemudian ketika bawang merah harganya turun sipembeli berhak menurunkan harganyanya sesuka hati. Secara metodologi, penelitian ini merupakan penelitian lapangan (field research) dengan pendekatan normatif. Penyusun menggunakan analisis kualitatif yang berlangsung selama dan setelah pengumpulan data dengan metode observasi, wawancara, dandokumentasi. Analisis data digunakan menggunakan metode deskriptif kualitatif. Berdasarkan hasil penelitian yang dilakukan peneliti, bahwa Praktek pembatalan akad jual beli bawang merah berpanjar di Desa Putren menurut tinjauan perspektif hukum Islam adalah tidak diperbolehkan dan diperbolehkan, tidak diperbolehkan dikarenakan salah satu pihak masih dirugikan dan itu dikatakan fasid, kurangnya informasi ketika  melakukan akad mengenai materi. Hal ini mengacu pada penjualan dimana obyek penjualan atau harga atau waktu pembayarannya belum di ketahui dan ditentukan. Di perbolehkan karena jual beli telah sesuai dengan rukun dan syarat akad, yaitu terdapat penjual dan pembeli yang bertujuan untuk menjual dan membeli, barang yang diperjual belikan adalah bawang merah. Selain itu jual beli bawang merah dengan sitem berpanjar ini dapat mendatangkan kemashlahatan bagi masyarakat setempat. Kata Kunci: Pembatalan, Akad, Berpanjar Abstract:In buying and selling transactions sometimes there is an imbalance in the profits and losses between the two Aqid. In this case the cancellation of the onions sale and purchase agreement carried out by the Putren Village Community in Nganjuk Regency Sukomoro Subdistrict, the buyer of the onion rises when the price of onion rises, the price is not raised by the buyer then when the onion drops. Methodologically, this research is a field research (field research) with a normative approach. The researcher uses qualitative analysis that takes place during and after data collection using observation, interview, and documented methods. Data analysis was used using qualitative descriptive methods. Based on the results of research conducted by researchers, that the practice of canceling onions buying and selling contracts in Putren Village according to a perspective of Islamic law is not permissible and permissible, it is not permitted because one party is harmed and it is said to be a fascist, lack of information when making contracts regarding material . This refers to sales where the object of sale or price or time of payment has not been known and determined specifically. It is permitted because buying and selling is in accordance with the pillars and the terms of the contract, namely there are sellers and buyers who aim to sell and buy, the items that are traded are shallots. In addition, the sale and purchase of shallots with this floating system can bring benefits to the local community.

scholarly journals TINJAUAN HUKUM ISLAM TERHADAP PEMBERIAN UANG ADAT (SELEMAK SEMANIS) DALAM PERKAWINAN ADAT MELAYU JAMBI

2019 ◽  
Vol 1 (1) ◽  
pp. 57-74
Author(s):  
Siti Marlina Masputri
Keyword(s):  
Local Community ◽  
Islamic Law ◽  
Field Research ◽  
Research Field ◽  
Community Leaders ◽  
Sociological Approach ◽  
Needed Information ◽  
The Gift ◽  
Wedding Ceremony ◽  
Legal Consequences

The background of the problem in this research is, in Jambi in the traditional wedding ceremony there is what is called adat money (Selemak Semanis), which is the traditional money given by men to women who will be married if the adat money is not fulfilled so it will not happen marriage. As for the purpose of this study, we want to know the position and legal consequences of giving customary money in Jambi Malay customary marriage, wanting to know the legal consequences of giving customary money in Jambi Malay customary marriage and want to know the Islamic legal review of giving customary money in Jambi Malay customary marriage in Jambi. The approach in this study is a qualitative normative sociological approach. In this study the authors used the type of field research (Field research), by conducting interviews with the local community, village heads, officials of the sharia ', traditional leaders, community leaders, religious scholars, and various parties needed information in writing this research. Based on the data obtained by the author in the field, after being reviewed and understood, the following research results are obtained, firstly that the position of giving customary money is a condition for the implementation of marriage and its nature is a mandatory gift from men to women and legal consequences. from giving customary money in Jambi Malay customary marriage depends on whether or not the man can fulfill the customary money which is determined by the female family, presumably able to fulfill the customary money then the marriage will be held and if the man is unable to fulfill the customary money then marriage and customary money will occur outside of the gift dowry. The two reviews of Islamic law on the giving of customary money do not violate the Qur'an and the Hadith, but there is a mistake in the community in determining the amount of customary money that is too high so that it is burdensome to the men.

ADDENDUM AKAD MURABAHAH BERDASAR PERATURAN BANK INDONESIA NOMOR 10 TAHUN 2008 TENTANG RESTRUKTURISASI PEMBIAYAAN BAGI BANK SYARIAH DAN UNIT USAHA SYARIAH (Studi di BRI Syariah Kantor Cabang Malang)

JURISDICTIE ◽  
2018 ◽  
Vol 8 (2) ◽  
pp. 142
Author(s):  
Nur Fitriani
Keyword(s):  
Data Analysis ◽  
Empirical Research ◽  
Customer Service ◽  
Islamic Law ◽  
Analytical Data ◽  
Field Research ◽  
Analysis Data ◽  
Research Field ◽  
Primary Data ◽  
Branch Office

<p>Addendum is worth reviewing with KHES and Fatwa DSN-MUI review, because in Islamic law merchantly buying and selling not only bring profit only, but must based on syariat and to avoid risk. This study aims to find out why BRI Syariah issued addendum and review of KHES and Fatwa DSN-MUI. This type of field research (field research) or referred to as empirical research, this study includes empirical research that examines the phenomenon of law. The approach used is the sociological juridical approach. The primary data collection method is the direct and secondary interviews used by the literature and documentation. Data analysis method used is qualitative data analysis. Data processing methods make the following efforts; editing re-examines files related to addendum and interview results of legal officers and customer service, clasifying and classifying edited data to facilitate analysis, verification of collected data to determine the validity of data, analytical data analysis procedures and application of addendum and concluding conclusions to obtain answer. The results of the study are: 1) addendum is done as an effort to avoid bank losses and maintain business continuity. 2) Addendum BRI Syariah Malang Branch Office is allowed due to the agreement of both parties.</p><p>Addendum layak dikaji dengan tinjauan KHES dan Fatwa DSN-MUI, karena dalam hukum Islam kegaitan jual-beli tidak hanya mendatangkan keuntungan semata, namun harus berdasarkan syariat dan untuk menghindari resiko. Penelitian ini bertujuan untuk mengetahui alasan BRI Syariah mengeluarkan addendum dan tinjauan KHES serta Fatwa DSN-MUI. Jenis penelitian ini lapangan (field research) atau disebut sebagai penelitian empiris, penelitian ini termasuk penelitian empiris yang meneliti fenomena hukum. Pendekatan yang digunakan adalah pendekatan yuridis sosiologis. Metode pengumpulan data primer adalah wawancara langsung dan sekunder yang digunakan kepustakaan dan dokumentasi. Metode analisis data yang digunakan adalah analisis data kualitatif. Metode pengolahan data melakukan upaya sebagai berikut; editing meneliti kembali berkas yang berkaitan dengan addendum dan hasil wawancara legal officer dan customer service, clasifiying menyusun dan mengklasifikasi data hasil editing untuk mempermudah analisa, verifiying memeriksa data yang terkumpul untuk mengetahui keabsahan data, analysing analisis data prosedur dan penerapan addendum dan concluding kesimpulan untuk mendapat jawaban. Hasil penelitian adalah: 1) addendum dilakukan sebagai upaya bank menghindari kerugian dan menjaga kelangsungan usaha. 2) Addendum BRI Syariah Kantor Cabang Malang diperbolehkan karena adanya kesepakatan kedua belah pihak.</p>

scholarly journals Analisis Pelaksanaan Bimbingan Belajar dalam Mengatasi Kesulitan Belajar Siswa

2018 ◽  
Vol 1 (1) ◽  
pp. 10-20
Author(s):  
Abdul Rozak ◽  
Irwan Fathurrochman ◽  
Dina Hajja Ristianti
Keyword(s):  
Data Analysis ◽  
Descriptive Analysis ◽  
Learning Difficulties ◽  
Field Research ◽  
Research Field ◽  
Guidance And Counseling ◽  
Tutoring Program ◽  
Analysis Technique ◽  
Qualitative Descriptive ◽  
Minimal Intensity

This study aims to determine the description of the Planning program preparation of counseling program especially PKO Services with the field of Tutoring and to know the extent to which the implementation of Tutoring Teachers Teachers in overcoming students' learning difficulties in SMA Simpang Semambang. The subjects of this study are teachers, principals and students. This type of research is field research (field research), with qualitative descriptive approach. Data collection techniques by observation, documentation, interview and distribution of KPMP data. Data analysis technique used qualitative descriptive analysis. The results of research and data analysis have concluded that Program Guidance and Counseling Service (Tutoring) in Simpang Semambang State Senior High School has been planned and made in accordance with the needs of schools and guidelines. In fact the implementation of tutoring in SMA Simpang Semambang sometimes not fully able to solve every problem of student learning difficulties that occur due to the service process or guidance is implemented minimal intensity and minimal continuity, it could be from other factors that influence it. The services are done with classical format that is in the classroom as for the service materials only in the form of advice and motivation, while the service with the field of tutoring is still minimal. Keywords: Implementation of Tutoring Program, Learning Difficulty

scholarly journals Partisipasi Dan Sikap Masyarakat Desa Manukaya Terhadap Pengelolaan Daya Tarik Wisata Tirta Empul Tampaksiring Kabupaten Gianyar

2019 ◽  
Vol 6 (2) ◽  
pp. 356
Author(s):  
I Made Edi Suandana ◽  
I Gusti Agung Oka Mahagangga
Keyword(s):  
Data Analysis ◽  
Local Community ◽  
Sampling Technique ◽  
Study Data ◽  
Tourist Attraction ◽  
Descriptive Data ◽  
Analysis Techniques ◽  
Village Community ◽  
Direct Observations ◽  
Qualitative Descriptive

Tirta Empul Temple is one of the templesin balithat become a tourist attraction and crowded by tourists either domestic tourists or foreign tourists. The tourist attraction of Tirta Empul is unique because besides being a place of worship for Hindus as well as a holy bath. Besides that, Tirta Empul Temple also has its own unique history and architecture. Tirta Empul Tourist Attraction is managed by the Manukaya VillageCommunityand from the Gianyar Regency Government.          This study aims to find out how the participation of Manukaya Village community in managing Tirta Empul Tourism Attraction. Then to find out the response of the Manukaya Village community to the Management of Tirta Empul Tourism Attraction. In this study data was collected by conducting direct observations to the field and conducting interviews with the community. The sample was determined using purposive sampling technique to determine the sample. And the data were analyzed using qualitative descriptive data analysis techniques          The results of this study indicate that the participation of the community of Manukaya Village towards the management of the attraction of Tirta Empul can be seen from the involvement of the local community directly managing the Tourist Attraction, through their obligation to work there alternately. All heads of families and youths in the Manukaya Traditional Village will have their turn to serve in the attraction of Tirta Empul, starting from those who are nurturing and those who do not have obligations in the traditional village or called Balu Angkep. The Aduk Manukaya Village Community Let all participate in the management of Tirta Empul's tourist attraction, both from planning, organizing, mobilizing people, and supervising. Overall the response as attitude of the Manukaya Village community to the management of Tirta Empul Tourism Attraction is look positive without complain. Although there are two groups included in this area, but participated groups directly in the management is Desa Adat Manukaya. Group desa adat Malat accepted with comfortable this situation.   Keywords:participation, response, management.

APPLICATION OF AKAD IJARAH ISLAMIC LAW IN THE AL-QUR'AN

ISLAMIKA ◽  
2020 ◽  
Vol 14 (1) ◽  
pp. 1-11
Author(s):  
Ade Jamarudin ◽  
Ofa Ch Pudin
Keyword(s):  
Financial Institutions ◽  
Islamic Law ◽  
Financial Institution ◽  
Field Research ◽  
Secondary Data ◽  
Research Field ◽  
Islamic Banking ◽  
Library Research ◽  
Human Labor ◽  
Leasing Company

Ijarah is a contract on the transfer of goods or services with rewards instead. Ijarah based transactions with the displacement benefit (rights to), not transfer of ownership (property rights), there ijara financing translates as buying and selling services (wages hired), that take advantage of human power, there is also a translate lease, which take advantage of goods. Application ijarah growing financial institutions in the current Shari'ah is happening on the leasing company (financial institution based on Islamic teachings, as well as Islamic banking is one of the products in Islamic finance. Application ijarah emerging financial institutions shari'ah 'ah at the moment that is happening on the leasing company (financial institution based on Islamic teachings, as well as Islamic banking is one of the Islamic financing products). This research is a library research (library research) and field research (field research), and is descriptive, analytic and comparative. Data sources used in this study are sourced from primary and secondary data. Ijarah transactions are based on the transfer of benefits (use rights), not the transfer of ownership (ownership rights), some translate ijarah financing as the sale and purchase of services (wage wages), i.e., taking the benefits of human labor

TINJAUAN HUKUM ISLAM TERHADAP PENGEMBALIAN MAHAR BERGANDA AKIBAT PEMBATALAN PEMINANGAN DALAM (Studi Di Kelurahan Belawan II Kota Medan)

2021 ◽  
Vol 2 (3) ◽  
pp. 83
Author(s):  
Rahmi Ramadhani ◽  
Elsy Renie
Keyword(s):  
Qualitative Methods ◽  
Islamic Law ◽  
Field Research ◽  
Research Field ◽  
Marriage Contract ◽  
The Gift

This study examines the tradition of returning multiple dowries due to cancellation of proposal from the perspective of Islamic law in Belawan II Village, Medan City. From these problems, questions arise about how the proposal process is in Belawan II Village, how is the practice of returning multiple dowries due to the cancellation of the proposal and what is the view of Islamic law on the tradition of returning multiple dowries due to the cancellation of the proposal. The type of research that the author uses is a type of field research (field research), to obtain data from the problems studied using qualitative methods. The results of the research that the authors found that the tradition of returning a double dowry due to the cancellation of the proposal in the Belawan II Village, Medan City was carried out by returning the gift at the time of the proposal, namely the gift was in the form of half of the delivery money whose purpose was to be used as a dowry at the time of the marriage contract. Half of the delivery money, which is called the dowry, is returned twice (double) by the woman to the man at the time the proposal has been made. The dowry is returned twice (double) if the cancellation of the proposal is made by the woman. Another sanction is that if the dowry is not returned double (double) at the time of the cancellation of the proposal, neither the man nor the woman may request/accept a proposal from another person, of course this is done by way of deliberation from both parties. The review of Islamic law on the tradition of returning a double dowry due to the cancellation of this proposal is included in the 'urf group.

scholarly journals Pergaulan dalam Pertunangan dan Khalwat fi Ma’na al-Haml: Studi Budaya Pertunangan di Daerah Madura

2019 ◽  
Vol 6 (1) ◽  
pp. 35-55
Author(s):  
Abdur Rakib
Keyword(s):  
Social Movements ◽  
Empirical Data ◽  
Islamic Law ◽  
Family System ◽  
Field Research ◽  
Research Field ◽  
Qualitative Approach ◽  
Statistical Procedures ◽  
Library Research ◽  
Culture History

This research basically is to find the position of ‘urf as one of the theories that can provide legal changes in an authoritative-inclusive way to fiqh in the word khalwat in the definitive aspects of syar'iyyah in relation to culture of riding with fiancees in the Madura area. As an external consideration in cultural studies, ‘urf is one of the continuous theories with the discussion of adat to determine law in an authoritative-inclusive manner. In this study using a type of field research (field research) because it involves empirical data that views law as a set of behaviors, actions, and reality. In addition, also library research (library research) to obtain data about a norm while reviewing theories with a qualitative approach because it cannot be obtained by mathematical or numerical statistical procedures, so that it can contain about people's lives (culture), history, ethics, social movements , or family system. From the process of analyzing the meaning of khalwat using the theory of ma'na al-haml with the consideration of 'urf in which there are several elements of maslahat, this study concludes that' urf can change the position of Islamic law by combining consideration of several conditions through the process of changing meaning used in redefining the word khalwat. So as to enable culture to be engaged during the engagement period as happened in the Sumenep and Madura communities in general as a consideration of ‘valid urf. Keywords: Relationship in Engagement, ‘Urf, and Madura.

scholarly journals TRADISI PEMBACAAN SURAH AL-MULK DI MAJELIS TA’LIM RAUDHOTUL ILMI PALEMBANG:

2021 ◽  
Vol 7 (2) ◽  
pp. 157
Author(s):  
Muhammad Ali . ◽  
Uswatun Hasanah ◽  
Beko Hendro
Keyword(s):  
Data Analysis ◽  
Data Collection ◽  
Social Action ◽  
Max Weber ◽  
Field Research ◽  
Research Field ◽  
Value Rationality ◽  
Action Value ◽  
Data Collection Technique ◽  
Theory Of Social Action

This article discusses the implementation of the reading of Surah al-Mulk at the Raudhotul Ilmi Palembang Ta'lim Assembly and the views of the Raudhotul Ilmi Palembang Ta'lim congregation on the reading of Surah al-Mulk as well as an analysis of Max Weber on the recitation of surah al-Mulk at the Raudhotul Ilmi Palembang Ta'lim Assembly. This type of research is a field research (Field Research), the type of data used is qualitative with the study of living hadith. This study uses Max Weber's theory of social action related to four actions, namely, traditional action, affective action, value rationality action and instrumental rationality action. The subjects of this research are caregivers, administrators, ustaz and Jama'ah Majelis Ta'lim Raudhotul Ilmi Palembang. The data collection technique used observation by observing and paying attention to the implementation of the tradition of reading surah al-Mulk at the Raudhotul Ilmi Palembang Ta'lim Assembly. While the interview data, the researchers interviewed twelve Jama'ah as respondents, while the documentation was equipped with books, photos and books related to the research. Meanwhile, data analysis uses descriptions and explanations. This study found that the Jama'ah of the Raudhotul Ilmi Palembang Ta'lim Assembly was enthusiastic about the tradition of reciting surah al-Mulk in the Assembly. The congregation of the assembly is of the view that having the reading of Surah al-Mulk before starting the assembly is a good and good thing as a form of imitating the Prophet Muhammad. The congregation of the assembly supported this activity because of the benefits of reading it as a barrier from the torment of the grave and there were some congregations who routinely read Surah al-Mulk. It can be said that the response of the congregation of the assembly tends to know the values ​​contained in the hadith of reading surah al-Mulk. This shows that the living hadith in the congregation of the assembly was carried out and the Raudhotul Ilmi Palembang Ta'lim Assembly fulfilled Max Weber's theory of social action.

scholarly journals Persepsi Nasabah terhadap Akad Rahn pada Pegadaian Syariah

2021 ◽  
Vol 4 (1) ◽  
pp. 70-83
Author(s):  
Sri Widiastuti ◽  
Nurse Fatimah MZ
Keyword(s):  
Data Analysis ◽  
Islamic Law ◽  
Inductive Methods ◽  
Qualitative Descriptive ◽  
Points Of View

This research was motivated by the author's preliminary observations regarding customers' points of view between Sharia Pawnshops, and conventional Pawnshops were the same, some customers thought that Sharia Pawnshops also apply interest, even though the system were different. The purposes of this study were to find out how the Rahn contract, and the customer's perception of the Rahn at the Syariah Pawnshops. Data analysis used qualitative descriptive by deductive, and inductive methods. The results showed that most of the customers did not understand the Rahn, but they believed that the pawn products available at the Sharia Pawnshop and the pawn products in conventional pawnshops were the same. Furthermore, the implementation of the Rahn contract at the Sharia Pawnshop was under Islamic roles because there were no rules that violate Islamic law.

scholarly journals PENERAPAN QANUN ACEH DI KOTA SUBULUSSALAM: Kajian Atas Qanun No. 12, 13 Dan 14 Tahun 2003

2019 ◽  
Author(s):  
Ali Geno Berutu
Keyword(s):  
Local Government ◽  
Islamic Law ◽  
Central Government ◽  
Field Research ◽  
Secondary Data ◽  
Research Field ◽  
Primary Data ◽  
Legislative Process ◽  
Islamic State ◽  
Political Consolidation

his Research proves that the implementation of Aceh Qanun No. 12, 13 and 14 Year 2003 on Khama r, M a i s i r , and Khalwat in Subulussalam is not completely worked well, because in addition to legal issues qanuns, most have efforts political consolidation of the central government and local government. This thesis supports and strengthens the conclusion Michail Buehrel in this article entitled “The Rise of Sharia by Laws in Indonesia District an Indication For Changing Patterns of Power Accumulation and Political Corruption ” (2008) who found the formulization of Islamic Law in the region is political consolidation instrument for exploring the local government, especially financially in building. Buehler did not even find a conservative movement in the imposition of Islamic Law in the area. This research also support M.B Hooker’s opinion in his work entitled Indonesian Syariah : Defining a National School of Islamic Law, (2008)which states that in legislative process of Islamic law in aceh. There are many obstacles and barriers , because the Sharia Law to be applied must necessarily correspond with the system national law, while the central government to add more breadth of autonomy for Aceh in the part of Islamic Law to legislate in the part of law qanuns jina&gt;na&gt;t . This thesis does not agree with the conclusion of Harold Crouch in his work The Recent Resurgence of Political Islam in Indonesia, “ Islam In Southeast Asi a: Analysing Recent Development” , ed. Anthony L. Smith, (Singapore: ISEAS, 2002) as saying that the barrage history of failure of Islamic parties in order to implement Islamic Law-making opportunities for the application of Islamic Law in Indonesia did not exist. Crouch’s opinion just say that the application of Islamic Law to be in the sense of establishing an Islamic State. Data obtained from field research (field research) with qualitative methods and approach the socio - legal - historical . The primary data of the document and the results wawancara and field observations. Primary data in the form of documents are: Law No. 44 In 1999, Law No. 18 of 2001, Law No. 11 In 2006, Qanun 5 In 2000, Qanun No. 12, 13, 14, 2003, Qanun 7 In 2013, Qanun 6 In 2014 and Qanun 8 Year 2014. The primary data in the form of interviews and observations sourced from: Office of Islamic Law (DSI), the Wilayatul Hisbah (WH), the Court Syar'iyah (MS), the Police, the Mufti Consultative Assembly (MPU), the Aceh Tradition Council (MAA). Secondary data in the form of: 1) the books on Islamic law, sociology and anthropology of law, the historical development of Islam in Indonesia; 2) journals and other scholarly works that examine the rules of Islamic law, the application of Islamic law, social and Community; 3) as well as other sources such relevant, scientific papers, websites, newspapers, magazines and others

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