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ORIENTASI BENTUK KHIYAR PADA MAHASISWA HUKUM EKONOMI SYARIAH INSTITUT AGAMA ISLAM NEGERI (IAIN) PONTIANAK PASCA BERTRANSAKSI E-COMMERCE Umi Qanuni; Rasiam Rasiam; Rahmat Rahmat
Al-Aqad Vol. 1 No. 2 (2021): Al-Aqad: Journal of Shariah Economic Law
Publisher : LP2M and Shariah Faculty of The Pontianak State Institute of Islamic Studies

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-aqad.v1i2.353

Abstract

This study aims to find answers to the main problem, namely how to practice E-commerce on Shariah Economic Law students and the orientation of their khiyar forms after e-commerce transactions. This research is a type of legal research, while the data collection technique uses primary data from observations, interviews, and transaction document reports. Then, secondary data used by researchers are books, results of previous studies, articles, and journals. The data analysis technique is the stage of data reduction and drawing conclusions. Based on the results of the study, it can be concluded that the 15 students who interviewed researchers, 4 of whom had received goods that were not according to the order. Regarding the orientation of khiyar on Shariah Economic Law students at IAIN Pontianak after e-commerce transactions, it is a khiyar disgrace (khiyar aib). Khiyar disgrace is included in the type of khiyar naqisah (reduced value of goods offering). Keywords: E-commerce, Khiyar Disgrace, Law Student
HUKUM PEMBULATAN TIMBANGAN BERDASARKAN TINJAUAN KOMPILASI HUKUM EKONOMI SYARIAH (KHES) PADA USAHA PENATU DI DESA PAL IX KECAMATAN SUNGAI KAKAP KABUPATEN KUBU RAYA Ria Rifna Sukma; Rahmat Rahmat; Abu Bakar
Al-Aqad Vol. 1 No. 2 (2021): Al-Aqad: Journal of Shariah Economic Law
Publisher : LP2M and Shariah Faculty of The Pontianak State Institute of Islamic Studies

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-aqad.v1i2.425

Abstract

Abstract The purpose of this research in the rounding scale law is how the practice of the rounding scale in the laundry business and how according to the Sharia Economic Law Compilation (KHES) deals with the issue of the laundry business. This research method uses field research and a qualitative approach which are part of a case study in which researchers only take one business location in Sungai Kakap Pal IX Village, Kubu Raya Regency, West Kalimantan. Data collection techniques used in this study were interviews, observation, and documentation. The results of this study indicate that the laundry business has a practice of the rounding scale. The laundry owner was working on this intending to facilitate payment times and refunds. The rounding scale in the laundry business in terms of Sharia Economic Law Compilation (KHES) is not following the principle of justice in muamalah because it is not allowed to play with the measure in the transaction. However, the act of rounding and reducing the scale can cause injustice in the transaction for one of the parties. Thus, every business actor must act honestly and fairly, even the small business itself. Dissemination of the results of this study is important. Thus, KHES can function in the rules and arrangements of muamalah to harmonize life together because KHES provides instructions for muamalah in accordance with Islamic principles. Keywords: Laundry Business, Rounding Scales Law, Sharia Economic Law Compilation
STUDI KOMPARASI JUAL BELI DENGAN HAK MEMBELI KEMBALI MENURUT KITAB UNDANG-UNDANG HUKUM PERDATA DAN KOMPILASI HUKUM EKONOMI SYARIAH Sumardi Sumardi; Rahmat Rahmat; Abu Bakar
Al-Aqad Vol. 1 No. 2 (2021): Al-Aqad: Journal of Shariah Economic Law
Publisher : LP2M and Shariah Faculty of The Pontianak State Institute of Islamic Studies

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-aqad.v1i2.479

Abstract

This research seeks to find out the terms of buying and selling with the right to buy back according to the civil law code and according to the compilation of Sharia economic law and know the similarities and differences in the terms of buying and selling with the right to buy back according to the Civil Law Code and the Compilation of Sharia Economic Law. Data analysis technique used by researchers is a systematic interpretation with two steps, namely content analysis and linking between articles related to research. The results of the study showed that buying and selling with the right to buy back according to the Civil Code: The seller was given the right to be able to buy back the goods he had sold under the agreement. In KHES can also occur under the existence of an agreement. The similarities and differences include the right to the buyer to be able to buy back the goods he has sold, equality in the rights and obligations of sellers and buyers, namely sellers both have the right to demand the buyer return the object of sale, and equally obliged to return the original sale price. The rights and obligations of the seller can both demand a return on the purchase price, and the buyer is equally obligated to return the object to the seller. While the difference in provisions in the Civil Code and KHES include