Al-Aqad

TINJAUAN HUKUM EKONOMI SYARIAH TERHADAP PRAKTIK JUAL BELI KREDIT PERALATAN RUMAH TANGGA DI DESA NANGA BIANG SANGGAU

Rita Amelia Putri — 2024-08-30

Tujuan penelitian ini yaitu untuk mendeskripsikan praktik jual beli kredit peralatan rumah tangga di Desa Nanga Biang Sanggau dan mengetahui tinjauan Hukum Ekonomi Syariah terhadap jual beli kredit peralatan rumah tangga di Desa Nanga Biang Sanggau. Jenis penelitian ini adalah penelitian lapangan dengan metode normatif-empiris dengan teknik kualitatif. Data dikumpulkan dengan teknik observasi dan wawancara. Peneliti mewawancarai pembeli dan penjual kredit peralatan rumah tangga serta melakukan dokumentasi. Alat yang digunakan yaitu berupa pedoman wawancara, pedoman observasi dan dokumentasi. Sumber data primer yang diperoleh langsung dari hasil wawancara dengan informan sedangkan sumber data sekunder diperoleh dari referensi literasi. Teknik pemeriksaan keabasahan data yaitu triangulasi sumber dan triangulasi teknik. Hasil penelitian ini menunjukkan bahwa pelaksanaan praktik jual beli kredit peralatan rumah tangga yang dilakukan oleh masyarakat Desa Nanga Biang Sanggau. Menurut Hukum Ekonomi Syariah terkait praktik jual beli kredit yang dilakukan itu telah sesuai menurut rukun dan syarat jual beli kredit/bai’ bi al-taqsith. Namun, terdapat ketidaksesuaian pada unsur jual beli kredit/bai’ bi al-taqsit, yaitu banyak terjadinya wansprestasi pada jangka waktu pembayaran karena jangka waktu pembayaran yang dilakukan pembeli tidak sesuai dengan waktu pemngembalian yang telah disepakati sebelumnya bersama penjual.

ANALISIS PELAKSANAAN AKAD PADA PT. ASURANSI JIWA SYARIAH AL-AMIN CABANG PONTIANAK MENURUT FATWA-FATWA DSN-MUI TENTANG ASURANSI SYARIAH

Safira Kaddihan — 2024-08-30

The purpose of this research is to find out the implementation of the Sharia insurance contract of PT Sharia Life Insurance Al-Amin Pontianak Branch and explain the implementation of the Fatwa-Fatwa of the National Sharia Council of the Indonesian Ulema Council on Sharia Insurance in the Implementation of the Agreement at PT Sharia Life Insurance Al-Amin Pontianak Branch. This research uses qualitative research methods with descriptive normative legal research. Primary data sources and secondary data. Data collection techniques using observation, interviews and documentation. Data validity was checked using triangulation of sources and techniques. The findings of this research include: 1). The implementation of the contract at PT Asuransi Jiwa Syariah Al-Amin Pontianak Branch uses a hybrid contract (multi-contract), namely a tijarah contract and a tabarru' contract. The tijarah contract is in the form of a wakalah bil ujrah contract with a profit-sharing system and a tabarru' contract in the form of grants and qardh. 2). In general, the implementation of the contracts carried out at PT. Al-Amin Syariah Life Insurance, Pontianak branch, namely the wakalah bil ujrah, tabarru' and qardh contracts are in accordance with the fatwas of the National Sharia Council of the Indonesian Ulema Council concerning Agreements in Sharia Insurance.

PRAKTIK PAKATAN DALAM PENYELENGGARAAN WALIMATUL URSY DI DESA SEKUDUK KECAMATAN SEJANGKUNG KABUPATEN SAMBAS PERSPEKTIF HUKUM EKONOMI SYARIAH

Yuni Saputri — 2024-08-30

The purpose of this research is to find out the practice of pakatan in organizing walimatul ursy in Sekuduk Village, Sejangkung Sub-district, Sambas Regency and the results of sharia economic law review on this pakatan practice. This type of research is field research. The research used interview techniques. Primary data sources were obtained directly from informant interviews, while secondary data sources were obtained from literacy references. Data validity checking techniques used are source tringulation and technique tringulation. The results of this study indicate that the implementation of pakatan on walimatul ursy is done by the way the recipient of the pakatan comes directly to the pakatan recipient's house by bringing goods in the form of consumer goods for organizing walimatul ursy. Then, in the next pakatan the recipient must return the goods of the other pakatan participants, at the time of the walimatul ursy at a later time as previously given according to the same number of items. In terms of Sharia Economic Law, the practice of pakatan is associated with debt and credit/al-qard. Judging from the pillars and conditions of debt and credit/al-qard, namely the existence of a debtor and also the existence of a debtor, and a clear object in debt and credit/al-qard, and strengthened by a contract by meeting directly between the two parties.

PENGELOLAAN PANTAI SAMUDERA INDAH MENURUT FATWA DEWAN SYARIAH NASIONAL-MAJELIS ULAMA TENTANG PEDOMAN PENYELENGGARAAN PARIWISATA BERDASARKAN PRINSIP SYARIAH

Slamet Riyadi — 2024-08-30

This research aims to find out the management at Samudera Indah Beach and study it based on the Fatwa of the National Sharia Council-Majelis Ulama Indonesia No. 108/DSN-MUI/X/2016 concerning Guidelines for Tourism Operations Based on Sharia Principles. Based on the results of observations and interviews, researchers found that: 1) The form of management at Samudera Indah Beach has facilities provided by the manager such as gazebo facilities, halls, parking lots, prayer rooms, lodging/villas, places to relax on the coast, camping sites, public toilets, bathrooms, rinse rooms, canteens, landfills, directions, and lakes for children. For security management, the manager has conducted socialization related to security for visitors, provided parking attendants to guard visitors' vehicles, provided supervisors on the shoreline, loudspeakers to provide appeals when the weather is bad, and a return post for goods if they find items that do not belong to them. 2) The management of Samudera Indah Beach according to the Fatwa of the National Sharia Council-Majelis Ulama Indonesia No. 108/DSN-MUI/X/2016 concerning Guidelines for the Implementation of Tourism Based on Sharia Principles shows the existence of relevant norms and irrelevant norms and norms that have not been fulfilled at Samuderea Indah Beach, Bengkayang Regency. The transaction or contract is in accordance with the provisions of the ijarah contract in the MUI Fatwa.

TINJAUAN AKAD IJARAH TERHADAP JASA PACAK KUCING DI PONDOK KUCING EDELWEIS PONTIANAK

Irda Andini — 2024-08-30

The purpose of this research is to find out the practice of cat pacak services at Pondok Kucing Edelweis Pontianak and study it based on the ijarah contract. This research uses a qualitative method with the type of empirical or field legal research. The main data sources include interviews with the owner and consumers of Pondok Kucing Edelweis Pontianak shop. Meanwhile, secondary data used are books, journals, theses, and websites that discuss cat pacak. Data collection techniques used were interviews, observation and documentation. Data validity was checked through source triangulation. The results showed that the practice of cat trapping services at Pondok Kucing Edelweis Pontianak uses a rental contract (ijarah). The cat trapping process involves the owner of the male cat as the provider of cat trapping services and the owner of the female cat as the consumer. The review of the ijarah contract on the practice of cat tracking services seen from the pillars and conditions of the ijarah contract is invalid because in the practice of cat tracking services, one of the conditions of ijarah is not fulfilled, namely the benefits in the form of sperm where the males hired to marry females are unclear about the amount of sperm and whether marriage can occur or not, thus causing a violation of gharar because it is unclear about the substance, nature and size of the sperm, so it cannot be handed over. According to the majority of scholars, it is forbidden to hire cat breeding services for a fee.

ANALISIS HUKUM ISLAM PERMAINAN HIGGS DOMINO ISLAND DI KALANGAN MAHASISWA IAIN PONTIANAK

Rizka Triandryani — 2024-08-30

This research aims to find out the factors that encourage the Higgs Domino Island (HDI) game to be popular among IAIN students and to find out the views of Islamic Law related to chip buying and selling transactions. This research uses qualitative research methods with the type of field research and normative sociological approach. The data source uses primary data obtained from interviews with IAIN Pontianak students, while secondary data is obtained from various sources, namely book journals and the internet that are relevant to the focus of the research. Data collection techniques were obtained by conducting observations, interviews, and documentation. Data analysis was conducted through data reduction, data display, and conclusion drawing. Then the data is checked for validity by triangulating sources, triangulating data. This research shows that the practice of buying and selling Higgs Domino Island game chips starts from various social media such as Facebook, WA, and various other applications but buyers and sellers can also trade their chips in a direct way such as fellow friends, buyers easily buy their chips. Buying and selling in the online game Higgs Domino Island is the object that is traded which is not materially handed over in the hand, but the object can be utilized and also transferred. The transaction of buying and selling HDI online game chips Ijab and Qabul is clear. Because it is clear that the seller sells something with awareness, and the buyer also buys something that is sold. However, from the point of view of the terms and conditions, the sale and purchase of chips in HDI online games contains elements of maysir, so it is not in accordance with Islamic Law.

PEMBATALAN PESANAN DI PT GO-JEK DALAM PERSPEKTIF KOMPILASI HUKUM EKONOMI SYARIAH (KHES)

Naya Atiqa Salsabilla — 2024-08-30

This study aims to determine the factors that cause cancellation of orders between drivers and consumers on the Go-Jek application. Knowing the KHES view on canceling orders between drivers and consumers on the Go-Jek application. The research uses qualitative research methods with the type of field research and normative sociological approach. Data collection techniques used by researchers are observation methods, interviews with sources and documentation. Data analysis researchers do data reduction, data display, and conclusion drawing. Then the data is checked for validity by tringulation of sources. The argument of this research is that the implementation of order cancellation both by consumers and drivers is influenced by legal awareness that is paragmatic, but accommodates the wishes of the parties. This research provides an understanding of several factors that cause the cancellation of orders between drivers and consumers in the Go-Jek application including: 1. From the consumer's point of view: long pick-up time due to weather or vehicle problems, Driver's identity does not match the application, the vehicle number does not match the Driver's account. 2. From the Driver's point of view: the order is too far above 4 km so the cost of gasoline is high, there is a problem with the vehicle. According to KHES, the relationship between consumers and Gojek drivers can be seen as an Ijarah contract. However, KHES prohibits unilateral cancellation unless there are legally justified reasons.

IMPLEMENTASI MUSAQAH DALAM PRAKTEK PENGELOLAAN KEBUN KELAPA SAWIT DI DESA KOREK SUNGAI AMBAWANG KABUPATEN KUBU RAYA

Ubay Dillah — 2024-08-30

The purpose of this research is to find out: 1) whether Oil palm plantation management agreements between land owners and land managers in Korek Village; 2) Does the oil palm plantation management agreement in Korek Village fulfil the musaqah provisions in KHES. The data collection method in this research is field or empirical research, this research data collection technique uses observation, interviews and documentation techniques. Data analysis was carried out descriptively through four stages, namely: data collection, data reduction, data presentation and drawing conclusions. The results show that: 1) Regarding capital, the practice of musaqah is carried out by land owners with land managers, the land owner hands over oil palm plants (capital) and the land manager is responsible for the capital handed over by the land owner. The distribution of profits from the musaqah contract practice is expressed verbally, namely by sharing profits of 30% and 70% where the land manager gets 30% while the land owner gets 70% and some share the profits at 40% and 60% of the profits obtained from the musaqah contract practice. the. Based on the data in this research, the working time carried out by the parties varies, some parties determine the working time once every two years by starting a new contract, while others do not use a time limit. 1) Not all articles contained in the Compilation of Sharia Economic Law are applied in the musaqah contract, especially those contained in Article 266 concerning the pillars of musaqah, but there are most of the articles that have been implemented in the practice of managing oil palm plantations in Korek Village, Sungai Ambawang District, Kubu Raya Regency.

UPAH PENGGALI KUBUR MENURUT PANDANGAN MAJELIS ULAMA INDONESIA (MUI) KOTA SINGKAWANG

Muhammad Iqbal Maulana — 2024-08-30

This research is a field study with a qualitative approach that follows the juridical-empirical paradigm. Data collection techniques were conducted through interviews and documentation using interview guidelines as the main tool, as well as cell phones and stationery as support. Primary data sources were obtained from sources, while secondary data were taken from literary references. The technique of checking the validity of the data was carried out by triangulating sources, namely verifying the data that had been collected through various sources. The purpose of this research is to find out the practice of giving wages to gravediggers in Singkawang City and the views of the Indonesian Ulema Council (MUI) of Singkawang City regarding the practice. The results showed that in Sungai Garam Village, North Singkawang Subdistrict, there is a practice of giving wages to gravediggers in the process of burying bodies that are following the pillars and conditions of wages and are justified in Islamic muamalah fiqh. MUI Singkawang City stated that in muamalah activities that have the principle of helping, giving wages to gravediggers is permissible as long as it does not burden the bereaved and fulfils the conditions of wages/ijarah. In conclusion, the practice of giving wages at funerals is allowed in Islam as long as it is done with sincerity from both parties.

BISNIS DROPSHIPPING KOSMETIKA PADA SHOPEE MENURUT FATWA DEWAN SYARIAH NASIONAL MAJELIS ULAMA INDONESIA NO: 145/DSN-MUI/XII/2021 TENTANG DROPSHIP BERDASARKAN PRINSIP SYARIAH

Qurrotul Uyun — 2024-08-30

This study aims to determine the mechanism of dropshipping cosmetics business in shopee according to the Fatwa of the National Sharia Council of the Indonesian Ulema Council No. 145/DSN-MUI/XII/2021 concerning Dropshipping Based on Sharia Principles: 145/DSN-MUI/XII/2021 concerning Dropship Based on Sharia Principles. This research uses qualitative methods with empirical normative research. Data sources were obtained from the results of drop shipper interviews on the shoppe application. While secondary data is obtained through primary legal material, namely the Fatwa of the National Sharia Council of the Indonesian Ulema Council No. 145/DSN-MUI/XII/2021 on Dropship Based on Sharia Principles: 145/DSN-MUI/XII/2021 concerning Dropship Based on Sharia Principles and other materials such as books, journals, laws, and articles related to the research. Data collection techniques through observation, interviews, and documentation. The results showed 1). In starting a dropshipping business on the Shopee application, the first step that must be taken by a Shopee drop shipper is to create a Shopee account and store account and find the right cosmetics supplier. When there is an order from the buyer, the drop shipper orders it to the supplier, using the buyer's address as the shipping destination and activating the send feature as a drop shipper. Sales funds will be received by the supplier and dropshipper when the buyer or dropshipper clicks the order is complete or the warranty period in the shopee application has expired. Buyers can also return goods or funds for certain reasons before the warranty period ends. 2). The dropshipping mechanism in the shopee application is in accordance with the Fatwa of the National Sharia Council of the Indonesian Ulema Council No. 145/DSN-MUI/XII: 145/DSN-MUI/XII/2021 Regarding Dropship Based on Sharia Principles.