Istidlal: Jurnal Ekonomi dan Hukum Islam

Perlindungan Hukum bagi Kreditur Akad Musyarakah dengan Menggunakan Akta Nominee

2024-09-07T03:52:57+00:00

The purpose of this journal research is to find out the guarantee provisions in musyarakah contracts in Islamic banking and legal protection for creditors in musyarakah contracts in Islamic banking that use nominee deeds. Normative juridical research methods use state approach, case approach, historical approach, competitive approach and contextual approaches (conceptual approach). The nature of this research is descriptive. The sources of legal materials used are primary legal materials and secondary legal materials. The nature of the research is descriptive analysis research and drawing conclusions using deductive methods. The results of this study indicate that the use of guarantee provisions in musyarakah contracts in Islamic banking has been carried out in accordance with positive law. Meanwhile, when connected with the Fatwa of the National Sharia Council, the use of collateral or collateral in a musyarakah contract is not appropriate. Meanwhile, preventive protection that can be carried out by banks is the principle of prudence and the principle of knowing your customer. In addition, the form of legal protection against claims from third parties caused by the guarantee of the nominee deed can be carried out by alternative dispute resolution with litigation and non-litigation efforts.

Putusan Hakim Agama dalam Masalah Cerai Gugat Pada Suami yang Tidak Memberi Nafkah Prespektif Hukum Positif dan Hukum Islam

2024-01-22T03:12:28+00:00

This study aims to identify the procedures for filing for divorce at the Kraksaan Religious Court, and to find out the positive legal review and Islamic law on the decision of the Religious Judge in the Divorce Lawsuit issue for husbands who do not provide a living at the Kraksaan Religious Court. The research method used is qualitative / field research (field research) where this research is descriptive. It was concluded that the procedure for carrying out a lawsuit at the Kraksaan Religious Court must meet the requirements, including a marriage book and ID card, and the religious judge's decision on divorce lawsuits for husbands who do not provide a living from the perspective of Islamic law and positive law based on existing laws and regulations. , in Islamic law that is paying attention to qoidah fiqhiyyah and also in the Qur'an surah al Baqoroh verse 229 if it is worried that the two of them cannot carry out Allah's laws, the wife is not guilty of redeeming herself to her husband so that she can be separated from her husband.

Ziyadah Dalam Transaksi S-Paylater di Aplikasi Shopee Perspektif Maqasidus Syari’ah

2024-01-22T03:42:05+00:00

S-Paylater is one of Shopee's sought-after features because it allows Shopee users to purchase items whenever desired without immediately burdening their financial condition. Essentially, users buy items on Shopee and pay for them at a later date, often phrased as 'buy now, pay later.' However, in practice, S-Paylater entails certain additional fees or interest ('ziyadah'), causing the prices of items through Paylater to be higher compared to cash purchases. Consequently, the legality of S-Paylater has sparked considerable debate among scholars. This article aims to bridge that debate by examining and assessing each instance of 'ziyadah' in S-Paylater transactions. The research conducted falls within the realm of qualitative field research, utilizing the Maqasid Shariah theory. The research findings indicate three types of 'ziyadah' in S-Paylater transactions: a 1% 'ziyadah' and an approximately 2.95% 'ziyadah,' both of which are considered permissible as they align with Shariah principles such as mutual consent, absence of speculation, and the absence of riba. However, a 5% 'ziyadah' imposed as a late fee is deemed impermissible due to its violation of Shariah principles, specifically riba. Nevertheless, instances of this late fee are rare and avoidable. Therefore, fundamentally, the practice of S-Paylater constitutes a legal and permissible transaction.

Transaksi Mukhabarah di Perkebunan Banongan Kabupaten Situbondo Perspektif Hukum Ekonomi Syariah

2024-01-22T03:41:05+00:00

The Banongan area is a tourist area and plantation owned by a Regional Company which provides a source of income for the local government. There are economic transactions carried out in this area. In practice, Banongan Plantation collaborates with several parties. The transaction used uses a mukhabarah agreement and this research also explains the distribution of profit sharing. In this research, qualitative research was used and the researcher's data collection process used observation, interview and documentation methods. Meanwhile, the data analysis uses perspective descriptive qualitative analysis techniques, namely data that is described in words or sentences. From the results of research and data analysis, it can be concluded as follows: 1) In the practice of mukhabarah at the Banongan Regional Company, the cultivators have fulfilled the pillars and also the requirements of the mukhabarah contract. And according to Islamic law, this is in accordance with the mukhabarah agreement. 2) In practice, the Banongan regional company and the cultivating farmers make an agreement as stated in the cooperation agreement letter which clearly explains the distribution of results that will be shared after the harvest period has been completed by calculating the net harvest income which has been reduced by the initial capital for cultivation and so on. etc.

Jual Beli Kredit Tanah Perkebunan Perspektif Hukum Ekonomi Syari’ah di Kabupaten Kubu Raya

2024-01-22T06:44:01+00:00

This research aims to determine the law of buying and selling credit for plantation land from the perspective of sharia economic law in Kubu Raya Regency. With a sub-focus covering the Implementation and Procedures for Buying and Selling Plantation Land Credit. This research is sharia economic law research (normative-empirical research), using a prescriptive descriptive qualitative approach. The results of this research indicate that the implementation of the sale and purchase of credit for plantation land is carried out privately without being witnessed by a land deed making official (PPAT), according to sharia economic law, the implementation of this transaction is permitted and the procedure for buying and selling credit for plantation land partially complies with the provisions in sharia economic law. However, there are several procedures that are not in accordance with sharia economic law, namely, the credit period is not clearly determined, delays in the handover of credit sale and purchase objects, and requests for rental payments by sellers to buyers for the use of plantation land which is, in essence, based on credit transactions. Plantation land that has been owned by both parties has become the right of the buyer

Cash On Delivery (COD) dalam E-Commerce Perspektif Maslahah

2024-01-27T08:41:24+00:00

Izzuddin's maslahah approach is a maslahah that combines moderate thinking and Sufism. So it is important to discuss the cash on delivery (COD) payment method contract in e-commerce from a maslahah perspective and its implementation to understand the contract and implementation of e-commerce couriers. This problem can be solved using qualitative descriptive research methods. Data can be obtained from interviews and several other sources. To describe courier contracts with the cash-on-delivery payment method in e-commerce by JNE and J&T service companies from the perspective of Maslahah Izzuddin Ibnu Abdissalam. To describe the implementation of courier contracts using the cash-on-delivery payment method in e-commerce by JNE and J&T service companies from Mas}lahah Izzuddin Ibnu Abdissalam's perspective. Based on this data, research findings include COD service contracts and courier responsibilities, transaction status, and relationships between parties. COD service contracts include shirkah, ijarah, and grants. Meanwhile, the courier's responsibility as a consequence of the ijarah contract is yad domanah. Transaction status on COD services is luzum, fasah, and mauquf. For the relationship between parties, the buyer and courier are musta'jir and ajir, the seller and courier are muwakkil and wakil and the relationship between seller and buyer is bai' and mushtary. Based on Izzuddin Ibnu Abdi Salam's maslahah approach, an e-commerce courier contract is an act of creating happiness and enjoyment using jalbu al-masalih wa dar`u al-mafasid which falls into the categories of hajiyat, duniawiy and majaziy

Ketentuan Kompilasi Hukum Islam tentang Kekuasaan Orang Tua Memaksa Kawin Anak Usia 21 Tahun

2024-01-27T08:51:10+00:00

The occurrence of a marriage based on the consent of the child is a marriage requirement by the compilation of Islamic law article 16 paragraphs 1 and 2 that marriage is based on the consent of the prospective bride and groom, and the form of consent of the prospective bride can be in the form of a firm and real statement in writing, verbally, or with gestures and also by acting. silence as a sign of no objection to the marriage process. As explained in article 98 paragraph 1 of the compilation of Islamic law, "the age limit for a child who can stand alone or be an adult is 21 years", as long as the child is not physically or mentally disabled or has never been married. Library research is a study that studies various reference books and the results of similar previous research which is useful for obtaining a theoretical basis regarding the problem being studied. Based on a review of the literature, it can be explained that parents forcing their children aged 21 years to marry is not permissible based on Article 98 paragraph 1 of the compilation of Islamic law, but it is permissible for children under 21 years of age. In this research, it can be recommended that several factors are behind parents often forcing their children into marriage, namely, local traditions, the desire of parents in the form of responsibility, and on the basis of an antipathetic understanding of one of the concepts of the Imam Madzhab.