scholarly journals Hukum Jual Beli Online dengan Sistem Pre Order dalam Perspektif Hukum Islam (Studi Kasus Toko Online Nashrah Store)

2021 ◽  
Vol 2 (2) ◽  
pp. 251-270
Author(s):  
Hendra Wijaya ◽  
Askar Patahuddin ◽  
Khaerul Aqbar ◽  
Wahyu Kurniawan Hasmudin
Keyword(s):  
Islamic Law ◽  
Field Research ◽  
Research Field ◽  
Order System ◽  
Payment Method ◽  
Online Store ◽  
Method Of Payment

This study aimed to know and anlayze the process of buying and selling online with a pre-order system at the Nashrah Store online store according to Islamic law. This study was a qualitative type of research (field research) using a normative and sociological juridical approach. The research showed several things. First, in general, the process of buying and selling with a pre-order system carried out by Nashrah Store is in accordance with the laws governing electronic transaction. Second, the sale and purchase contract carried out by Nashrah Store based on the form and method of payment are to apply a salam contract. As for the final payment method, it does not apply a salam contract, but applies al-wa'd bi al-syira' which is only in the form of a purchase promise.

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 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>na>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

scholarly journals Tinjauan Hukum Islam Terhadap Pernikahan Beda Kasta (Studi Kasus Desa Ngafan Kabupaten Maluku Tenggara)

2021 ◽  
Vol 2 (1) ◽  
pp. 148-159
Author(s):  
Ronny Mahmuddin ◽  
Saifullah bin Anshor ◽  
Hamdan Ngaja
Keyword(s):  
Qualitative Research ◽  
Data Collection ◽  
Islamic Law ◽  
Male Partner ◽  
Field Research ◽  
Research Field ◽  
Religious Leaders ◽  
Special Interests ◽  
Legal Requirements ◽  
Depth Interviews

This study aims to determine the prohibition of inter-caste marriage in Ngafan Village, Southeast Maluku, and Islamic legal views on caste marriage in the customs of the Kei tribe, especially in Ngafan Village, Southeast Maluku Regency. This research is descriptive qualitative research with the type of field research (Field Research). The data collection techniques used were in-depth interviews and documentation. The results showed that: 1) The prohibition of inter-caste marriage (not equal) carried out by some people in Ngafan Village is the prohibition of marriage between women from the Mel-Mel caste (highest caste) and men from Riy-Riy (lowest caste). If there is a marriage between these castes, it depends on their family, if they agree then the marriage is still safe, but if they refuse the marriage can be canceled. 2) In Islamic law the scholars differ on the issue of caste (equality) in marriage. Jumhur ulama said that the caste referred to in marriage is religion, independence, social strata and, descent. Imam Malik said that the caste in question was the religion and was free from diseases that were deemed incurable. Meanwhile, the al-Ẓahiriyyah mazhab said that only Muslims were the conditions for marriage. The scholars do not require that caste be part of the legal requirements of marriage, but caste is included in the category of luzu> m requirements, a condition that allows a female guardian to request an annulment of marriage if the male partner is not in the same caste. So the prohibition of marriage is not equal in Ngafan Village can be justified based on the opinion of some scholars. The implementation of this research is expected to contribute theoretically and practically to religious leaders, parties with special interests, and society in general.

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.

scholarly journals Kajian Hukum Islam Terhadap Praktik Simpan Pinjam di Kerukunan Kayubulan Kota Manado

2021 ◽  
Vol 3 (2) ◽  
pp. 119-142
Author(s):  
Adriandi Kasim
Keyword(s):  
Islamic Law ◽  
Field Research ◽  
Research Field ◽  
Savings And Loans

Praktik simpan pinjam pada kerukunan Kayubulan menerapkan bunga sebesar sepuluh persen dan untuk anggota yang belum mampu mengembalikan pinjaman maka diwajibkan untuk membayar bunga pinjaman terlebih dahulu. Adapun rumusan masalah yang di angkat. Bagaimana praktik simpan pinjam pada kerukunan kayubulan di Kota Manado? Bagaimana tinjauan hukum Islam terhadap praktik simpan pinjam pada kerukuna Kayubulan Kota di Kota Manado? Penelitian ini bertujuan untuk mengetahui praktik simpan pinjam di kerukunan Kayubulan Wanea Kota Manado sudah berkesesuaian dengan Ijtima Ulama Komisi Fatwa Majelis Ulama (MUI) Indonesia tentang fatwa riba pada tanggal 22 syawal 1424 H/6 Desember 2003. Penelitian ini menggunakan Jenis penelitian lapangan (field research), dengan menggunakan metode pendekatan yuridis normatif. Hasil dari penelitian menunjukan bahwa praktik simpan pinjam kerukunan Kayubulan yang bertentangan dengan hukum Islam, karena sejak awal akad telah menentukan beberapa besar bunga pinjaman dan pihak kerukunan sudah memahami haramnya umat muslim mempraktikan riba, akan tetapi mereka masih menjalankan kerukunan tersebut. (The practice of savings and loans in the “Kerukunan Kayubulan” applies an interest of ten percent and for members who have not been able to repay the loan, they are required to pay the interest on the loan first. The formulation of the problem raised. How is the practice of saving and borrowing in the “Kerukunan Kayubulan” in Manado City? How is the review of Islamic law on the practice of savings and loans in the Kayubulan Kota harmony in Manado City? This study aims to determine the practice of savings and loans in the Kayubulan Wanea harmony, Manado City is in accordance with the Ijtima Ulama Fatwa Commission of the Indonesian Ulema Council (MUI) regarding the fatwa of usury on 22 Shawwal 1424 H/6 December 2003. This study uses a type of field research (field research). ), using a normative juridical approach. The results of the study show that the practice of saving and borrowing in “Kerukunan Kayubulan” is contrary to Islamic law, because from the beginning the contract has determined the majority of the loan interest and the harmony party has understood that it is forbidden for Muslims to practice usury, but they still carry out the harmony)

scholarly journals BULIMIA NERVOSA BETWEEN ISLAMIC LAW AND HEALTH PERSPECTIVE

2020 ◽  
Vol 20 (2) ◽  
pp. 136
Author(s):  
Suhartina Rustam ◽  
Muhammad Sabir ◽  
Abdul Rahman Qayyum
Keyword(s):  
Qualitative Research ◽  
Bulimia Nervosa ◽  
Islamic Law ◽  
Field Research ◽  
Research Field ◽  
Eating Patterns ◽  
Self Confidence ◽  
Community Approach ◽  
Prevention And Treatment ◽  
Harmful Behavior

The purpose of this research is to 1) determine the factors that influence the employees of Bank Axa Mandiri Makassar City to carry out Bulimia Nervosa. 2) To formulate the prevention and treatment of bulimia nervosa. 3) To indetify the harm of bulimia nervosa behavior in terms of health and Islamic law aspects. Answering these problems, the author uses the health and syar'i approach. The health approach is used because it refers to the scope of Islamic law. This type of research is qualitative research (field research), then a sociological (community) approach technique by examining the field's facts. This study's results indicate the factors that cause the employees of the Makassar City Axa Mandiri Bank to commit Bulimia nervosa, namely because of the demands of their work and wanting to satisfy their appetite. In terms of health aspects, the harmful behavior of bulimia nervosa can cause various diseases. As for the behavior of bulimia nervosa in terms of Islamic law, it is an act that is prohibited and makes the perpetrator will get a sin. Bulimia nervosa prevention can be done with gratitude, increased self-confidence, being realistic, adjusting eating patterns, and socializing. Several steps can be taken to take action to treat bulimia nervosa with psychologist therapy. 

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 PERANAN CAHAYA PEREMPUAN WOMEN’S CRISIS CENTRE (WCC) BENGKULU DALAM MENANGANI KASUS KDRT PERSPEKTIF HUKUM ISLAM DAN UU NO. 23 TAHUN 2004 TENTANG PENGHAPUSAN KDRT

Nuansa ◽  
2018 ◽  
Vol 11 (2) ◽  
Author(s):  
Eli Rahmidiani
Keyword(s):  
Domestic Violence ◽  
Sexual Violence ◽  
Islamic Law ◽  
Field Research ◽  
Research Field ◽  
Legal Assistance ◽  
Power Structures ◽  
Cultural Assumptions ◽  
Library Research

The purpose of this study is to find out how the role of women’s women’s crisis center Bengkulu in handling cases of domestic violence in the perspective of Islamic Law and  Law Number twenty  three Year two four About Aboli- tion of Domestic Violence. This type of research is field research (field research) supported by library  research (library research). From  the  result  of this research, it is concluded that  the  role of women’s crisis center Bengkulu women in handling cases  of domestic violence in collaboration with legal aid institutions, medical, police,  and  courts, this  co- operation is called  case-handling network in an effort to reach cases  of domestic violence and  sexual  violence can be handled and  facilitated by victims  such  as safe houses, counseling rooms, to share stories and  facilities  in the form of legal assistance and handling in a familial manner while reducing the number of sexual violence handled by prevention programs. Analysis of Islamic law against domestic violence that in Al-Qur’an Surah  An-Nisa ‘verse thirty-four explains that a husband should not immediately hurt  his wife with a painful blow. Since Islam does not teach such a thing, there have been good and  right rules when the husband is facing such  problems. Although beating the wife is justified in Is- lam, it is hitting that does not hurt the wife and with educational intentions. Analysis of Law Number Twenty-three Years Two Thousand Four  About Abolition of Domestic Violence  is able  to avoid  family violence, when disharmony occurs between husband and wife. More broadly, it is necessary to have fundamental changes in women’s status and attitudes toward both women and men  in society,  the need for continuous and strategic efforts to deconstruct traditional power structures that have been considered legitimate and deconstruct cultural assumptions and religions that strengthen and legitimize violence

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