bluuebunny/crossref_metadata_2025 huggingface dataset:
MOTORBIKE PURCHASE AT PT FIF SYARIAH BANDA ACEH BASED ON LOCAL ACT 11 OF 2018 CONCERNING ISLAMIC FINANCIAL LAW
Authors: Kalkausar Muhammad
Published: August 2024

The Ba'i Murabahah agreement is one of the transaction contracts in buying and selling which is carried out in the form of accounts payable as an example in financing. PT FIF Syariah Banda Aceh branch is one of the non-bank financial institutions that provides financing services to the community specifically on AHM products. Qanun No. 11 of 2018 concerning Sharia Financial Institutions is one of the regulations that determine how practices in muamalah transactions are in accordance with Islamic principles. This study aims to examine how the application of the dictums of the non-cash motorbike purchase financing agreement at PT FIF Syariah, Banda Aceh branch after the implementation of Qanun LKS No. 11 of 2018? And how is the review of the Ba'i Murabahah contract on the clauses and dictums of the motorbike purchase financing agreement at PT FIF Syariah, Banda Aceh branch after the implementation of Qanun LKS No. 11 of 2018? This research uses qualitative research methods with a normative juridical approach, data collection techniques in the form of contract documentation. . The research results of the analysis of the financing agreement contract at PT FIF Syariah, Banda Aceh branch that have been carried out show that the application of the dictum of the agreement that has been applied is in accordance with the provisions contained in the Qanun LKS, in its application the management of PT FIF Syariah prioritises the agreement of the consumer before continuing the contract. The clauses and dictums of the agreement that have been contained in the agreement contract at PT FIF Syariah, Banda Aceh branch have also fulfilled the legal conditions of sale and purchase in the form of a ba'i murabahah contract, including legal subjects, clear object descriptions, price transparency and profit margin acquisition, costs, determination of fines and authorisation of fiduciary guarantees.
MARRIAGE OF UNDERAGE COUPLES DUE TO KHALWAT ACCORDING TO ISLAMIC LAW
Authors: Barmawi
Published: August 2024

The purpose of this paper is to find out what are the factors and considerations of traditional leaders in forcibly marrying off underage khalwat perpetrators, then how Islamic law reviews the forced marriage performed by village customary leaders to khalwat perpetrators and how and what is the status of underage marriage for khalwat perpetrators according to positive law. From the results of further analysis, the consideration of traditional leaders in marrying off underage khalwat perpetrators is due to the demands of the customary law factor itself and for reasons of preventing adultery and avoiding children born outside of marriage. The implementation of forced marriage carried out by traditional leaders against underage khalwat perpetrators is not in accordance with the concept of Islamic marriage. According to positive law, underage marriage is not justified, unless previously granted dispensation by the court and the consent of the family.
DEBTOR COMMITMENT IN THE IMPLEMENTATION OF WAKALAH
Authors: Zulhilmi Muhammad
Published: August 2024

The purpose of this research is to find out how the wakalah contract at Bank Aceh Syariah Capem IAIN-Darussalam on the purchase of ma'qud alaih in murabahah financing is also to find out how the debtor's understanding of the wakalah contract on the delegation of the purchase of murabahah financing objects and to find out how the debtor's consistency in implementing the wakalah contract in purchasing murabahah financing objects. From the results of further analysis, it is known that the implementation of wakalah in purchasing ma'qud alaih murabahah financing at the applicable Sharia'ah Bank is in accordance with the provisions of Fiqh muamalah, fulfilling the pillars and conditions. However, the lack of understanding of the debtor and the lack of understanding of the debtor's consistency in the implementation of the wakalah contract causes the position of the ma'qud alaih to be confusing because the object in the wakalah contract is also the object in the murabaha contract.
THE APPLICATION OF THE WAKALAH CONTRACT IN THE SALE AND PURCHASE OF LAND IN ACCORDANCE WITH ISLAMIC LAW: A STUDY IN TIRO SUB-DISTRICT, PIDIE DISTRICT, INDONESIA
Authors: Ungel Jamhuri , Ramadhana Tina
Published: August 2024

Wakalah refers to the delegation of authority or power to another individual to execute a task in accordance with the power or authority granted by the grantor of the power of attorney. In addition to financing transactions involving the purchase and sale of real estate, wakalah is also a prevalent practise in the banking industry. Wakalah is a permissible practise in Islamic commerce for purchasing and selling due to its incorporation of the principle of mutual assistance. Furthermore, it is advisable for representations in purchasing and selling transactions to adhere to the principles outlined in the Al-Quran and Hadith, as recommended by Islam. The representative may receive compensation in the same way that he must abide by the muwakkil's directives when performing his duties. The muwakkil must be informed of any profits or gains that the representative may appropriate in accordance with the compensation stipulated in the agreement. Nevertheless, the land transaction in Lhok Igeuh village involved a wakalah in which a representative sold land without the muwakkil's knowledge at a price higher than the price set by the muwakkil. This study is informed by two inquiries: To begin with, what is the customary procedure for land purchase and sale involving representation or wakalah within the Lhok Igeuh village community? Furthermore, in the village of Lhok Igeuh, how does Islamic law perceive the application of wakalah in the purchase and sale of land? The findings of the study indicate that the implementation of wakalah/representation in Lhok Igeuh village contradicts Islamic law regarding representation. Specifically, the practise of representation by a representative exploits the sale of non-proprietary land; only the seller who sells his own property in its entirety is permitted to profit, not a representative or proxy. Representatives may only be remunerated commensurately. The wakalah practise of purchasing and selling land in the village of Lhok Igeuh, as prescribed by Islamic law, encompasses aspects of inequity and embodies the principles of deceit and reliability in the execution of representative responsibilities.
THE PRACTICE OF DIRECT ZAKAT DISTRIBUTION
Authors: Yusfa Erni
Published: August 2024

Zakat is a mandatory tax imposed on all forms of property that have entered the nishab, including sought-after assets and treasures. Zakat is due on sought-after treasures, including gold mines, subsequent to their refining and dissolving processes. Islam advises unequivocally that an authorised zakat amil institution oversee the calculation and distribution of zakat, so that its utilisation adheres to the tenets of Islamic law. Zakat muzakki engaged in gold mining within the Sawang District of South Aceh Regency autonomously compute and allocate their zakat in accordance with their personal convictions. In-person distribution is extended to family members, neighbours, and relatives. Therefore, it is highly regrettable when the allocation of zakat fails to reach the intended recipients. The findings of the study indicate that the gold mine zakat muzakki residing in Sawang District, South Aceh Regency personally allocate their zakat to their families, relatives, and neighbours in a manner consistent with their cultural beliefs and the customs prevalent in their vicinity. Due to their lack of confidence in the zakat amil institutions in their region, the muzakki are uninformed about and do not completely comprehend the zakat provisions. Zakat distribution in a direct manner is not impermissible under Islamic law, provided that no argument exists to the contrary. Zakat beneficiaries are solely obligated to adhere strictly to the guidelines outlined in Surah At-Taubah verse 60 with respect to the eight ashnaf of zakat recipients. Fiqh scholars place significant emphasis on the fact that zakat amil institutions oversee the administration and distribution of zakat, in accordance with the principles and practises of zakat distribution that characterised the era of the Prophet Muhammad and his companions.
THE PROVISION OF WAGES TO LAUNDRY LABOURERS SEEN FROM THE CONCEPT OF IJARAH BIL 'AMAL CONTRACT
Authors: Devy Soraya , Rahmi Nila Vonna
Published: August 2024

Wages represent the entitlements of labourers that are procured and represented monetarily by the employer as just and suitable compensation. Wage disbursement is regulated and executed in accordance with a labour contract or agreement. The concept of ijarah bil 'amal, which pertains to the utilisation of an individual's labour in exchange for compensation for completed work, encompasses remuneration. The practise in Gampong Ulee Lueng Aceh of compensating labourers for laundering and ironing garments A situation in which the employee is required to bathe at the employer's residence without spending the night in exchange for the agreed-upon wage constitutes a besar. Wage determination is subject to variation contingent upon the location of employment. Nonetheless, some employees are assigned additional work without receiving additional compensation while they are at work. The purpose of this study is to determine how Islamic law evaluates the wage practises of ironing and washing labourers in Gampong Ulee Lueng. The findings of an investigation concerning the remuneration of garment laundering and ironing labourers in Gampong Ulee Lueng indicate that the prevailing method of compensating these individuals does not align with the principle of ijarah bil 'amal. Certain employees engaged in the linen and pressing industry perceive the remuneration as inequitable. According to the initial agreement, employees who engage in laundry and ironing duties are obligated to do so solely for the agreed-upon wage. In the future, however, the employees receive additional work without receiving additional compensation or similar benefits. Despite the fact that wages in Islam are dictated by the principles of equity and justice, this entails that one must be remunerated commensurate with the effort expended for each task accomplished, regardless of its magnitude. It is necessary for the obligations performed in conjunction with the rights acquired to be equitable in nature, ensuring that no party experiences disadvantage or injustice.
ANALYSIS OF ISLAMIC LAW ON THE PRACTICE OF MULTIPLE CONTRACTS ON PAWNED RICE FIELDS
Authors: Husna Nadiatul
Published: August 2024

Pawn is one of the shortcuts for someone to meet their needs. Likewise, the pawn practice that occurs in Gampong Blang Mane Dua Meunasah, the pawned rice fields will generally be cultivated by the murtahin by renting the rice fields, some are divided by two or one third with a profit-sharing system that is classified as a mukhabarah contract. So in this case it is very apparent that there is the implementation of multiple contracts (rahn and mukha>barah). This research contains the formulation of the first problem, how is the practice of multi-contract in pawning rice fields that occurs in Gampong Blang Mane Dua Meunasah District Simpang Mamplam Bireuen Regency. Second, how is the law of multi-contract practice on pawn of paddy fields in Gampong Blang Mane Dua Meunasah District Simpang Mamplam Bireuen Regency according to Islamic law. The type of research used is field research and uses a qualitative approach with data collection techniques through observation, interviews, and documentation. The results showed that the pawn practice that occurred in Gampong Blang Mane Dua Meunasah, Simpang Mamplam Subdistrict, Bireuen Regency contained multiple contracts, namely rahn and mukha>barah. This happened because the ra>hin pawned his rice field to the murtahin as debt collateral. The ra>hin and murtahin collaborate to manage the rice fields, the ra>hin manages while the murtahin provides capital, the harvest from the pawned rice fields is divided by 1/3 for the murtahin, and 2/3 for the ra>hin. From the explanation above, it can be concluded that the practice of multi-contract on pawned rice fields that occurs in Gampong Blang Mane Dua Meunasah District Simpang Mamplam Bireuen Regency according to the perspective of Islamic law is valid, because the practice of multi-contract does not lead to things that are forbidden, such as usury, gharar, fraud and so on.
ISLAMIC LAW REVIEW ON BUYING AND SELLING SNAKES AS TERTIARY NEEDS
Authors: A.Jalil Husni , Alkausar Riko
Published: August 2024

The process of buying and selling in social relations between several individuals requires the existence of contracts and procedures to fulfil the provisions of the validity of the sale and purchase. One of the forms of buying and selling carried out by the general public is the buying and selling of snakes, which must fulfil the criteria and classification of buying and selling in the review of Islamic economic law. The hobby or pleasure of keeping snakes as a tertiary need in order to get reciprocal psychological pleasure for the Wildlife Lovers Community and society in general, but this often causes irregularities and gaps for both the snake keeper and the snake, In this study, the focus of research is on how the procedure of buying and selling snakes in Petshop Banda Aceh, how the fiqh muamalah review of buying and selling snakes in petshop Banda Aceh, how the sadduz zhariah review of the hobby and or maintenance of snakes as tertiary needs or Al-Taḥsīnīyyah. The research method used is descriptive analysis and data collection is done by library research and field research, with data collection techniques by interview and documentation. Based on the analysis that has been done, the snake trading transaction procedure has not met the criteria of a muamalah contract, the fiqh muamalah review of snake trading is not in accordance with the legal classification of buying and selling contained in syarak law, according to the Sadduz zhariah review of snake maintenance as a tertiary need or Al-Taḥsīnīyyah should not be done because it can cause greater mafsadat than maslahat, so that the legal consequences contained in the sadduz zhariah method become fasid or void for snake maintenance in the Wildlife Lovers Community and society in general.
ANALYSIS OF THE WAGE SYSTEM FOR BILI DROE BAG WEAVING CRAFTSMEN IN THE PERSPECTIVE OF IJARAH 'ALA AL-AMAL CONTRACT
Authors: Auliani Zakia
Published: August 2024

Usually, the determination of wages in each business is different, it depends on the policies applied by the business owner, such as the determination of wages in bili droe bag woven craftsmen in Gampong Lampanah Tunong, namely wages paid after the woven products are sold. The purpose of this research is to find out How the wage determination system on bili droe bag woven craftsmen, How the influence of wages on the effectiveness of the work of the bili droe bag woven craftsmen, And How the wage practices of bili droe bag woven craftsmen in Gampong Lampanah Tunong Indrapuri District Aceh Besar Regency are reviewed according to the perspective of the Ijarah 'Ala Al-Amal contract. In this study the authors used qualitative research methods and used an empirical normative approach. The results showed that the wage system applied to the woven bili droe bag business in Lampanah Tunong Gampong, Indrapuri District is a wage given after the woven product is sold, where there is no clear time provision when the product is sold. The wages carried out in this business also do not use a contract that binds it, but as if an agreement (contract) has occurred. ). The wage system applied is not in accordance with the perspective of the ijarah 'ala al-amal contract, where in practice the Shighat contract is not clear. In a contract if it does not fulfil the conditions for the validity of the contract, then the contract becomes fasid (void).
RISK COVERAGE FINES FOR MURABAHA FINANCING AT PT. FEDERAL INTERNATIONAL FINANCE BANDA ACEH BRANCH
Authors: Mustaqilla Safira , Jannah Miftahul , Shabarullah
Published: August 2024

This article aims to examine the concept of fines on credit financing using the Murabahan contract at PT Federal International Finance Banda Aceh Branch, Indonesia.  The research approach used is conceptual and legislative approach, the type of research used is normative juridical. The results showed that the basis for determining the penalty imposed by PT FIF based on fatwa NO.17/DSN-MUI/IX/2000 is because the debtor is able to make payments but delays payment, this aims to deter the debtor in default. Then from its practice in taking profits it does not use interest but PT FIF tells the amount of profit margin obtained by PT FIF as the financing party, the amount of margin in this case has certainly been agreed by both parties in the agreement, but the fine at PT FIF has been applied at the beginning of the contract which makes the fine haram because it does not meet the requirements of the scholars' opinions in Fiqh Muamalah that fines cannot be required at the beginning of the contract.
LAW OF CASH PAYMENT ACCORDING TO SHARIA ECONOMIC LAW
Authors: Ikram Muhammad , Mustaqilla Safira , Sholihin Riadhus
Published: August 2024

UD Banda Electric building shop and Raseuki Ilham building shop are building shops in the Syiah Kuala sub-district of Banda Aceh City that use the cash tempo payment system. In the sales practices of the two building shops, there is uncertainty about the price of the time the price of goods increases from the original price so that it is at risk of buyer losses. This study aims to see how the practice of buying and selling by means of cash tempo at building stores in the Syiah Kuala sub-district of Banda Aceh, according to fiqh muamalah. The type of research is qualitative research research. Data collection techniques in this study were carried out by means of interviews and observations. The results of the study found that the sale and purchase system that uses cash tempo payments at the two building stores contains elements of gharar or uncertainty. This makes the legal requirements of buying and selling not fully fulfilled because there is a defect in the conditions, namely in the uncertainty of the price of goods. This uncertainty is found in the increase in the price of goods determined so that the seller does not suffer losses. The increase in the price of the goods is not certain to increase, but the seller still raises the price. So in this case the sale and purchase practices carried out in the two building shops have not fulfilled the legal requirements of buying and selling.
CRIMINAL DEFAMATION IN FIQH JINAYAH
Authors: Hadana Erha Saufan
Published: August 2024

This paper specifically discusses the crime of defamation in the scope of fikih jinayah, this discussion was chosen because the act is considered an act that can damage a person's honour, so it needs to be criminalised in the context of fikih jinayah. This discussion is important to identify, map and develop the concept of thought in fikih jinayah regarding the criminal act of defamation. This study is based on literature data which is analysed descriptively. The results of the study show that defamation should be criminalised in jurisprudence, because it damages a person's honour, based on the obligation to protect honour (al-'irāḍ) which is included in the maqāṣid objectives of the sharī'ah and based on the interpretation of scholars regarding the expansion of the meaning of yarmūn in Surah an-Nūr verse 4.
TYPES OF EVIDENCE: A COMPARATIVE STUDY BETWEEN ISLAMIC LAW AND CIVIL PROCEDURE LAW
Authors: Saenah Siti
Published: August 2024

The writing of this article is to find answers to the main problems, namely how are the types of evidence in Islamic law and civil procedural law and how are the similarities and differences in evidence between Islamic law and civil procedural law. The results of the study, in Islamic law the types of evidence agreed upon by scholars are seven kinds, namely: confession, testimony, oath, nukul, qarinah, qasamah, and recognition of the judge. While in civil procedural law consists of five types, namely: written evidence, witnesses, confessions, suspicion, and oaths. This is because in Islamic law regarding oaths are classified into several types as evidence. The difference lies in the evidence, and the main evidence where in Islamic law is recognition. Whereas in civil procedural law is written evidence. This is because in ancient times people who were good at writing were very few so that this written evidence was not so popular, in Islamic shari'a too.
LEGAL STANDING OF ADAT INSTITUTIONS IN DISPUTE RESOLUTION IN ACEH COMMUNITY, INDONESIA
Authors: Muslem
Published: August 2024

The implementation of regional autonomy is carried out through regional regulations. Perda is the most important element for local government in order to fulfill the needs of the region. Particularly for the people of Aceh, one of the needs of the community is to carry out customary life and customs which are characteristic of Aceh's distinctiveness in addition to the implementation of Shari'ah Islam. For this reason, Aceh Qanun Number 9 of 2008 was born on the Development of Customs and Customs and Aceh Qanun Number 10 of 2008 concerning Customary Institutions. Acehnese people resolve disputes through Customary Courts which are preserved. Customary justice aims to resolve disputes according to customs and customs in the community itself, even to the implementation of sanctions for customary law. The purpose of customary justice is to solve problems between residents at the village level. However, decisions taken by adat do not have formal legal force. For example, if a husband and wife divorce in an adat court, according to customary law, the couple is officially divorced, but because the law itself does not have formal legal force, then another stage is needed to obtain formal legality. We now hear the term customary justice from MAA circles, and several NGOs that have programs for community empowerment. Whereas in the community itself who practice the mechanism of dispute resolution through customary justice institutions do not say to settle cases through customary justice. The community has its own terms such as pedame ureung (reconcile people), peumat jaroe, (bejabat tangan), meudame (make peace). Customary institutions in Aceh function as a vehicle for community participation in the administration of government, development, community development, and settlement of problems or social matters. The function of Indigenous life is also to carry out and streamline customs and customary law to foster community life.
RISK COVERAGE IN IMG RENTAL BANDA ACEH BETWEEN THE RENTAL CAR AND THE RENTER IN THE PERSPECTIVE OF IJARAH BI AL-MANFA'AH CONTRACT
Authors: Mansur Teuku Muttaqin , Hasan Badri
Published: August 2024

Risk coverage is the company's responsibility to customers if something unwanted happens, such as an accident that makes the rental object damaged. This research aims to find out how the legal relationship between the parties in the implementation of the car rental agreement that has been insured and how the rent car risk coverage according to the perspective of Islamic law (Ijarah bi al-Manfa'ah). This research uses the method of case studies, namely direct observation of the object under study simultaneously. The results of the study found that the coverage provided by the rent car to the renter has an element of gharar (fraud), where the renter is required to pay again when the rental object enters the insurance workshop, even though at the beginning of the agreement the renter has paid an insurance claim if one day an accident occurs that can damage the rental object. The rent car company argues that the reason why it is charged again is because the car cannot be operated when it enters the insurance workshop. In Islam, leasing of goods whose objects are benefits is included in the Ijarah bi al-Manfa'ah contract. The IMG rental company has not fulfilled the rules of lease coverage in accordance with Islamic law where there is speculation that requires the renter to pay two payments when the rental object is damaged and enters the insurance workshop.
COMPENSATION ON COPYRIGHT DUPLICATION IN PERSPECTIVE OF THE CONCEPT OF ḤAQ AL-IBTIKÂR: A STUDY ON PT ERLANGGA BANDA ACEH CITY
Authors: Nadia Ova Uswatun , Fahmi Chairul
Published: August 2024

Haq al-ibtikâr as the right to copyrighted works, in shar'i should be protected as intellectual property for the copyright holder. This study aims to determine how the legal efforts made by Erlangga Publishers Banda Aceh City against illegal duplication of books, and how the form of compensation made by Erlangga Publishers Banda Aceh City, as well as a review of the concept of haq al-ibtikâr against compensation on copyright duplication in Erlannga publishers Banda Aceh City. The type of research used is descriptive, data collection is done by library research and field research, data collection techniques by interview and observation. The results obtained that the management of PT Erlangga Banda Aceh City has been maximally to reduce and eliminate various forms of piracy and duplication of its copyright by way of socialisation to the public about the urgency of copyright and evaluation and investigation into various bookstores in Banda Aceh City. Follow-up on duplication is done in the form of a subpoena as a strong warning against copyright infringement by certain parties. Other legal actions in the form of compensation and criminal can not be done optimally because of the limitations of legal remedies that can be done, while in the central management of PT Erlangga efforts to compensate in the form of financial compensation has been done. In the concept of Islam haq al-ibtikâr becomes one of the sources of wealth for the owner and shar'i every wealth is protected from all forms of arbitrariness, so that the owner can bertasharruf according to his wishes.
ACCIDENT RISK COVERAGE SYSTEM FOR RENTAL CARS IN THE PERSPECTIVE OF IJARAH 'ALA AL-MANFA'AH CONTRACT
Authors: Ramadhani Alia
Published: August 2024

Risk coverage in car rental practices is the company's responsibility to the consumer if something untoward happens. The responsibility given by Zahri Rental is in the form of compensation. The purpose of this study is to find out how the form of coverage for the risk of accidents between the renter and the rental owner, how the consequences of the risks borne by the rental car and how the perspective of the ijarah 'ala al-manfa'ah contract on the accident risk coverage system by the rental car. In this research, the author uses qualitative research methods and uses an empirical normative approach. The results show that the form of accident risk coverage between the lessee and the lessor is regulated according to the type of accident that occurs. In the case of damage to the rental object that is not due to the intention of the renter, Zahri Rental imposes full responsibility on the renter and the renter is required to pay more rent when the rental object enters the insurance workshop, even though the renter has initially paid an insurance claim if an accident occurs one day. This is because Zahri Rental considers that the consequences to be borne are very high if the car is not operational when it enters the insurance workshop, which causes Zahri Rental to lose income. Therefore, the risk coverage system applied is not in line with the perspective of the Ijarah 'ala al-manfa'ah contract.
REVIEW OF ISLAMIC LAW AND LAW NO. 8 OF 1999 CONCERNING CONSUMER PROTECTION AGAINST BUYING AND SELLING STYROFOAM FOOD PACKAGING
Authors: Ainal M Dara
Published: August 2024

An ideal sale and purchase is a sale and purchase that fulfils the conditions, pillars, and other things related to buying and selling. In buying and selling food using styrofoam packaging, it is known that styrofoam used to wrap food contains za-substances that are harmful to health. The purpose of this study is to determine the factors that cause food sellers in Syiah Kuala District to use Styrofoam as food packaging, the positive and negative impacts of using Styrofoam on food packaging in the economic and health aspects, as well as the review of Islamic law and GCPL Law on the sale and purchase of Styrofoam food packaging. The method used in this research is descriptive analysis which later researchers will conduct research through the field or literature, as for data collection techniques, namely through observation and interviews. The results of this study are the factors that cause food traders in Syiah Kuala District to use Styrofoam as food packaging are in terms of price, cleanliness, prevalence, and convenience. The positive impact of using Styrofoam on food packaging in the economic aspect because of its low price while the negative impact from the health aspect is that it can endanger consumer health and cause various diseases. In terms of Islamic law, the sale and purchase contract of styrofoam packaged food is fasid because it does not fulfil one of the conditions of the object of sale and purchase, which must be able to be used properly and in accordance with the provisions of Islamic law, namely not causing mudharat or something that harms and harms humans. Food can be contaminated by harmful substances contained in Styrofoam and cause harm to the buyer in the form of endangering the buyer's health and causing illness, so that there is no benefit in the sale and purchase transaction. The sale and purchase transaction violates GCPL article 4 letter a and article 8 paragraph (1).
IMPLEMENTATION OF HAK KHIYAR IN INTERIOR PRODUCT AGREEMENTS IN BANDA ACEH CITY
Authors: Azis Fazrul , Sakdan Saifuddin , Shabarullah Shabarullah
Published: August 2024

The interior order transaction is one that uses the concept of istishna' contract, the price of the product is agreed upon at the beginning of the contract while the payment is made by making a panjar and paying off after the product is installed in the consumer's home. Of course, consumers always want the interior products made to be of high quality and special according to the desired shape and size, but sometimes the results of the ordered goods do not match expectations and contracts. From the substance of the problem, the focus of this thesis research is how the agreement made between the owner and the customer on ordering interior products in Kuta Raja, how the application of khiyar ru'yah on ordering interior products and how the perspective of bai' istishna' on the application of khiyar ru'yah. The purpose of writing this thesis is to find out the implementation of khiyar ru'yah on home interior order transactions in the perspective of bai' istishna' (a study on interior businesses in Kuta Raja District, Banda Aceh). This research uses descriptive analysis research method with primary data sources obtained from field research and secondary data from library research. The results of this study indicate that the agreement made by the owner and his customers in Kuta Raja is partly in writing and partly orally, and the application of the khiyar ru'yah right in interior order transactions, the seller, the customer, and the customer.
ANALYSIS OF RISK COVERAGE AGREEMENT BETWEEN PT. J&T AND AN INSURANCE COMPANY FOR DELIVERY OF CONSUMER GOODS IN THE CONTEXT OF KAFALAH CONTRACT
Authors: Jarmanisa  , Mawar Siti , Fahmi Chairul , Jihad Azka Amalia
Published: August 2024

The risk coverage agreement by PT JNT has been regulated in the Standard Operating Procedure which already has provisions and liability for the loss of consumer goods delivery. The responsibility of compensation can be given by means of guarantees submitted to users of transport services in the form of material and immaterial guarantees. Risk coverage provided by PT JNT to consumers can be in the form of compensation with different counts, seen from the insured goods. Compensated goods can be in the form of delay, damage, or loss. Based on these facts, the problems in this thesis are: How is the risk coverage agreement made by PT JNT with an insurance company to protect consumer shipping goods? How is the fulfilment of the agreed agreement clause in the claim process carried out by PT. JNT? and how is the perspective of the kafalah contract on the risk coverage agreement at PT. JNT with insurance companies in consumer shipments. In this research, the author uses an empirical juridical research approach and qualitative research type. Data collection in this case was obtained by interview and documentation techniques. The results of this study indicate that the consumer protection system implemented by PT JNT is not as effective as the one implemented by the insurance company sometimes not in accordance with the agreement and the Consumer Protection Law contained in Law Number 8 Year 1999. Risk coverage for the safety of goods is in accordance with the review of the concept of kafalah in fiqh muamalah where coverage for the safety of goods rests on the concept of helping.
MONEY-MAKING PLATFORM BUSINESS THROUGH VIDEO SNACK APPLICATION IN PERSPECTIVE AKAD JU'ALĀH
Authors: Jelita
Published: August 2024

Snack Video application is called a money-making application because this application provides income for creators and ordinary users. Several differences of opinion arise in response to this phenomenon regarding the validity and permissibility of the money earned from the Snack Video application. Based on the concept of contracts in Islam, the income earned from the Snack Video application is included in the ju'alāh contract, which is offering a job that is not clear that the recipient of the job can complete and he is entitled to a reward if he successfully completes it. The purpose of the research is to find out the acquisition of money in the money-making platform business through the Snack Video application and to find out the money-making platform business through the Snack Video application in the perspective of the ju'alāh contract. This research uses normative legal research with conceptual and theoretical approaches. In the business practice of the money-making platform through the Snack Video application, namely income as a content creator through the creator reward programme as a form of appreciation for the achievements and contributions of creators. And income as an ordinary user, rewards for users who successfully complete missions/tasks that have been provided on the Snack Video task page. Secondly, the business of the money-making platform through the Snack Video app is permissible as long as the contract attached to the Snack Video app is in accordance with the pillars and conditions of the ju'alāh contract. Downloading and installing the Snack Video app to earn money is not something that is forbidden.
STANDARDISATION AND PRICING OF MAIZE COMMODITIES FROM THE MABI' PERSPECTIVE IN SALE AND PURCHASE CONTRACTS
Authors: Ningsih Mutia Sahara
Published: August 2024

The market mechanism plays a very important role in changing the price of a commodity. One of them is in the price mechanism for shelled corn in the Deleng Pokhkisen District area, farmers sell their corn harvest to collectors. This is a dilemma for the farmers, because the collectors have set a standardized price for corn that is slightly lower than the factories. Therefore, writing this thesis examines how the mechanism for standardization and pricing of shelled corn occurs in Deleng Pokhkisen District from a mabi' perspective. This research was carried out using a qualitative approach, with a normative-empirical type of research. The results showed that the corn price setting mechanism followed the price changes given by the factory. The collectors who buy the farmer's corn will sell it back to the factory with a profit difference of Rp. 200/kg to Rp. 500/kg. In addition, changes in the rise and fall of corn prices are not carried out unilaterally by the collectors or the factory. Fluctuations in the price of shelled corn are influenced by the actual market price demand mechanism, such as the influence of consumer demand for animal feed. In the perspective of Islamic law, transactions carried out by farmers, agents and manufacturers are in accordance with the provisions of Islamic law in the principles of transactions that require the willingness of each party, without being based on price manipulation and bad intentions.
LABOUR PROTECTION SYSTEM AT PDAM TIRTA DAROY ACCORDING TO IJÂRAH 'ALA AL-'AMÂL CONTRACT
Authors: Fahwan Gayo Muhammad Agiel , Nurdin Ridwan , Hasan Badri
Published: August 2024

The implementation of employment contracts in a company must prioritise the welfare of workers contracted by the company even though the employment contract mechanism itself has been determined in the Law, but there are several aspects in accordance with the contract in Islamic teachings that must be applied where this is regulated in the Ijarah Ala Al Amal contract, in this study the authors took research concentration in PDAM Tirta Daroy, where how the mechanism for implementing employment contracts at PDAM TIrta Daroy has been running according to the provisions of the Ijarah Ala Al Amal contract and the Labour Law, the problems in this study are; (1) How is the legal protection system for contract workers at PDAM Tirta Daroy? (2) How is the implementation of the work contract between the management of PDAM Tirta Daroy and contract workers in improving performance and quality? (3) How is the review of the Ijarah Ala Al Amal contract on the employment protection system at PDAM Tirta Daroy. This research uses qualitative methods and descriptive analysis approaches, with data collection techniques namely interviews, documentation and questionnaires. The data analysis carried out is by looking back at the results of interviews that have been collected, then processing the data through the editing process. The author concludes that the protection of contract needs in PDAM Tirta Daroy is in accordance with the provisions set in accordance with the Ijara Ala Al Amal contract, but some aspects in the form of welfare and wages must be given more attention, especially in terms of contract labour travel costs to field work, and also the need for more supervision of the work of contract workers working in the field to avoid the risk of unwanted events in the field.
BUSINESS RISK COVERAGE IN PRINTING AND GRAPHIC PRE ORDER TRANSACTIONS
Authors: Ula Mawadatul , Syuib Muhammad , Akbar Hajarul
Published: August 2024

Warna Graphic Design Company is a company engaged in printing and graphics. This service company operates by implementing a pre order system, named order first, receive benefits later. Where in fiqh muamalah using ijarah 'ala al 'amal (rent or wages). Each company must have its own risks, both from within and from outside the company. The risks that occur in the Graphic Design Color company come from outside the company. Musta'jir (consumers) who use the company's services make defaults to the company and do not fulfill their obligations.   This causes the company to suffer heavy losses because it does not receive its rights/wages as it should.  The research questions in this case are how the implementation system of pre order transactions in printing and graphic business at Warna Graphic Design, how the form of risk coverage in printing and graphic business at Warna Graphic Design, and how the analysis of business risk coverage on pre order transactions in printing and graphic business at Warna Graphic Design according to ijarah 'ala al 'amal.   This research uses qualitative methods with descriptive analysis. Data comes from primary data obtained in the field and secondary data obtained from literature research. The results of the study found that mu'jir until now continues to try to collect debts to musta'jir in good ways (ahsan) according to Islamic law. Mu'jir has taken the right steps according with the ijarah 'ala al 'amal contract. Even though the company has lost money because the musta'jir has defaulted, the company still fulfills its obligations to the third parties as raw material providers as it should.
ROLE OF FEMINIST JURISPRUDENCE IN LEGAL THOUGT
Authors: Rasyid Laila Muhammad , Mahdy Fanny Tasyifa
Published: August 2024

This research aims to study the feminist concept as an entity in the process of forming a view of law and justice. With a normative -sociological approach, where data is obtained from the study of legal texts, expert opinions, and various other sources related to this topic. The results of the study show that the birth of male dominance in the thought process of legal formation, because male groups have misunderstood or biased in constructing the concept of man. According to feminists, legal structures are created by men and reinforce male values. By stating that the male group is the norm. Conversely, women are deviations from the norm and this is hegemony in the concept and reinforcement of patriarchal law and power. Feminists challenge and dismantle the belief or myth that men and women are so different, that certain behaviours can be distinguished on the basis of gender differences. Gender according to feminists is socially created or moulded not biologically. Sex determines physical appearance, reproductive capacity, but does not determine psychological, moral or social traits. Feminist legal theory or Feminist jurisprudence is a legal philosophy based on gender equality in the political, economic and social field
ANALYSIS OF PAMSIMAS REVENUE FROM CLEAN WATER MANAGEMENT IN THE PERSPECTIVE OF MILK AD-DAULAH
Authors: Fauzan Faisal , Azzaki Ariq
Published: August 2024

Gampong Padang Sikabu is one of the villages in Kuala Batee Sub-district, Southwest Aceh District that received the Pamsimas programme in 2017. Before the Pamsimas programme was built, the community used a spring water source that had to be taken to the foot of the mountain. The water quality was very clean, but the community had to collect it at the foot of the mountain and carry it home. After Pamsimas was built, the community can have water without having to fetch it at the foot of the mountain. However, the community also has to pay monthly fees to KPSPAMS members for the use of water from Pamsimas, from which Pamsimas bases its income and shares the proceeds with the gampong. To get the results of this study the author uses qualitative methods, this type of research is field research. The data collection techniques are observation, interview and documentation. The result of the research is that the clean water management system by Pamsimas and as well as the income obtained from the procurement of Pamsimas in Padang Sikabu Village is carried out with a deliberation system from all village traps, as well as the Milk Ad-Daulah concept of village water used for Pamsimas is also carried out by deliberation from all village traps, starting from the decree issued by the Keuchik, to the regulations that must be carried out together with the entire community, such as the rules for collecting bills and the time of collection. As for the practice / Results of Pamsimas Revenue from Clean Water Management by Padang Sikabu Village in the Perspective of Milk Ad-Daulah, it is carried out with several principles that are practiced, such as the principles of trust and trustworthiness, the principle of sharing profits from the Pamsimas business is also practiced and the principle of prudence in the management of Pamsimas is also practiced. While the opportunities and constraints of Pamsimas in profit sharing with Padang Sikabu Village include the support and trust of the village government, as well as the support and cooperation of the Padang Sikabu Village community.
DETERMINATION OF FINES IN DEFAULT IMPLEMENTATION OF ONLINE SALES ENTRUSTMENT CONTRACT
Authors: Pratippornnkul Ruengrin , Hidayat Arif
Published: August 2024

Consigngaming and Unbranded_Store are online shops that are engaged in selling electronic goods from entrusted sellers. The operational principle of the two online shops is to mediate sellers and buyers in sales transactions of electronic and informatics products with standard agreements and conditions set by the online shop, one of the dictums of which contains provisions for fines for defaults on the seller's part. This study aims to examine how the shops determine the amount of the fine to the seller who violates the dictum of the Consigngaming and Unbranded_Store sales agreement, the effectiveness of applying fines to reduce the level of default on the part of the seller and review of the samsarah contract on the determination of fines for seller defaults. The authors designed a research procedure with stages, namely a normative sociological research approach, a descriptive analytical research type with data collection techniques through interviews and documentation. The results of his research are that the determination of fines in Consigngaming is based on the percentage of the price of goods set by the seller, and the Unbranded_Store fine value is fixed which is stated in the general provisions of the transaction that the seller must comply with. The fines imposed by these two consignments, although the procedures are different, have been able to reduce the potential for sellers to commit defaults which could harm Consigngamig and Unbranded_Store management in terms of performance and branding as online stores that have credible business qualifications and can significantly reduce the level of seller defaults. Determination and imposition of fines for seller's default on both consignments as a business based on a samsarah contract is in accordance with the concept of ta'widh and the scholars allow the application of the ta'widh which is implemented based on the agreement of the parties in the consigmnet agreement (samsarah) as long as the dictum does not conflict with the provisions syara'.
ROLE OF COURTS IN RESOLVING CASES OF BANKRUPTCY OF ISLAMIC BANK CUSTOMERS
Authors: Sri Wahyuni  , Fahmi Chairul , Sholihin Riadhus , Rasyid Laila Muhammad
Published: August 2024

This paper aims to analyses the dualism of authority in resolving disputes over bankruptcy cases in Islamic banking. On the one hand, the authority is given to the judiciary of the commercial court, on the other hand, there are rules that the settlement of economic disputes in Islamic banking is resolved by the religious court. This research was conducted with a normative legal approach, where the main data was obtained from the study of legislation, doctrine and legal theories on the authority of the court, as well as secondary data from studies conducted by previous researchers related to the topic of this article. The results show that the authority to resolve disputes over bankruptcy cases of Islamic banking customers is the authority of the Religious Court as stipulated in the Religious Court Law. However, the KPKPU Act also states that the authority is also given to the Commercial Court. Judging from the theory of authority, the dualism of these rules creates legal uncertainty because the KPKPU Law and the PA Law vest the authority to resolve bankruptcy disputes in two different judicial bodies. The provisions of the KPKPU Law and the PA Law are incoherent and incompatible with each other, resulting in legal uncertainty in the resolution of commercial disputes in Islamic banking in Indonesia.