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All Journal Journal of Shariah Economic Law
Moch. Riza Fahmi
Fakultas Syariah IAIN Pontianak
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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KHIYAR DALAM JUAL BELI DENGAN SISTEM RETUR ANTARA DISTRIBUTOR DAN RESELLER Rio Oktaviandra; Moch. Riza Fahmi; Suhardiman Suhardiman
Al-Aqad Vol. 3 No. 2 (2023): 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.v3i2.1764

Abstract

This study aims to determine the practice of reviewing the Compilation of Sharia Economic Law on khiyar in buying and selling with a return system between distributors and resellers of Roti Royal in Sungai Kakap District, Kubu Raya Regency. This research uses a qualitative method with the type of empirical legal research. Data sources use primary data and secondary data in the form of books, journals, theses, and articles. Data collection techniques are interviews and documentation. The data analysis technique used by researchers is to collect data, reduce data, present data, and draw conclusions. The results showed that: 1) The agreement and agreement between the two parties the distributor and the reseller is oral because both parties trust each other and do not harm any party. 2) The review of the Compilation of Sharia Economic Law on khiyar in Sungai Kakap District, Kubu Raya Regency is permissible because it has implemented khiyar 'aib and khiyar conditions. Then, in this sale and purchase the 'aib goods have been explained previously by the distributor and the reseller also knows the physical condition of the goods.
JUSTIFIKASI HUKUM PADA AKTIVITAS KELOMPOK ARISAN PERSATUAN DI DESA PENIRAMAN KECAMATAN SUNGAI PINYUH KABUPATEN MEMPAWAH Salsabila Salsabila; Moch. Riza Fahmi; Anggita Anggriana
Al-Aqad Vol. 4 No. 1 (2024): 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.v4i1.2713

Abstract

The study aims to reveal Legal Justifications for the Get-Together Tradition Group Activities in Peniraman Village, Sungai Pinyuh District, Mempawah Regency. This research aims to find out: 1) The views of the people of Peniraman Village, Sungai Pinyuh District, Mempawah Regency regarding the tradition of the get-together group. 2) Justification of the law of the get-together tradition in Peniraman Village, Sungai Pinyuh District, Mempawah Regency. This research is a type of empirical normative research with a qualitative approach, while data collection techniques use primary data, namely observation, interviews, and documentation. Data collection tools used by the researcher are interview guides, paper stationery, and electronic devices. Meanwhile, data analysis techniques and concluding testing data validity use member-check. The results of the research show that: 1) The society of Peniraman Village considers the get-together group as a tradition that must be preserved because it contains positive things such as always maintaining friendly relations and the feeling of mutual help that is generated by the group tradition in Peniraman Village. 2) Because this group is well known by the public and does not conflict with the postulates of Sharia'. In terms of the validity of the get-together group, it is included in permissible transactions (permissible) to be carried out because there is an element of mutual help in it and there are no elements of usury or maisir that arise in the get-together group contract in Peniraman Village.
ANALISIS PELAKSANAAN AKAD PADA PT. ASURANSI JIWA SYARIAH AL-AMIN CABANG PONTIANAK MENURUT FATWA-FATWA DSN-MUI TENTANG ASURANSI SYARIAH Safira Kaddihan; Rusdi Sulaiman; Moch. Riza Fahmi
Al-Aqad Vol. 4 No. 2 (2024): 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.v4i2.3143

Abstract

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.
TRANFORMASI AKAD PENYEWAAN TEMPAT PEMANCINGAN MADUN FISHING CLUB DI KABUPATEN KETAPANG MENJADI PERLOMBAAN BERDASARKAN KOMPILASI HUKUM EKONOMI SYARIAH BAB XI TENTANG IJARAH Fajar Saputra Hasmidar; Moch. Riza Fahmi; Arif Wibowo
Al-Aqad Vol. 5 No. 1 (2025): 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

Abstract

This research was motivated by the practice of transforming contracts from renting to competitions that occurred at the Madun Fishing Club, Ketapang Regency. This research aims to find out how the Madun Fishing Club's fishing rental contract in Ketapang Regency became a competition and to find out how the Compilation of Sharia Economic Law (KHES) review transformed the object of the Madun Fishing Club's fishing rental contract in Ketapang Regency. The research approach in preparing this thesis is to use a qualitative approach with a type of empirical juridical research. Meanwhile, the secondary data in this research itself are business owners and competition participants or renters in the Madun Fishing Club. Primary data sources include journals and related documents, in this case, KHES. Data collection techniques are interviews, observation, and documentation. This data was analyzed using the theory of legal pluralism, while the technical data analysis used by researchers involved data collection, data reduction, data presentation, and drawing conclusions. Based on the data obtained, this research can conclude, namely, 1). The rental agreement for the competition held by the Madun Fishing Club in Ketapang Regency is carried out in writing individually using the Galatama competition system. In terms of implementation, this competition system as a whole uses a rental agreement. 2) The rental of the Madun Fishing Club fishing ground in Ketapang Regency, which turns into a competition, can be justified in the Compilation of Sharia Economic Law, namely in Article 29,7, which states that the ijarah contract can be changed, extended, and canceled based on agreement.
ANALISIS PERJANJIAN DENGAN SISTEM EMPLONG DI DESA SUNGAI RENGAS BERDASARKAN KATAGORI HUKUM AKAD PASAL 26-28 DAN PENAFSIRAN AKAD PASAL 48-55 KOMPILASI HUKUM EKONOMI SYARIAH Siti Aisyah; Moch. Riza Fahmi; Dwita Wahyuni
Al-Aqad Vol. 5 No. 2 (2025): Al Aqad: Journal of Shariah Economic Law
Publisher : LP2M and Shariah Faculty of The Pontianak State Institute of Islamic Studies

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Abstract

The purpose of the research is to: (1) Understand the process of creating an emplong (profit-sharing) agreement in Sungai Rengas Village; (2) Analyze its provisions according to Articles 26-28 of KHES regarding contract categories; and (3) Interpret it according to Articles 48-55 of KHES concerning contract interpretation. The research method used is empirical, with data collection techniques through interviews and documentation. Data analysis is conducted descriptively through four stages: collection, reduction, presentation, and conclusion drawing. The research findings indicate that: first, the process of an emplong agreement begins with an initial approach between the landowner and the cultivator, followed by negotiation of terms (such as a 50:50 profit split), and concludes with an agreement. Second, based on Articles 26-28 of KHES, this agreement shares similarities with a lease contract (ijarah) as it involves the utilization of an object (land) and must fulfill the valid conditions and pillars in Islam. Third, the interpretation according to Article 48 of KHES emphasizes that the execution of the contract must align with the original intent and purpose of the agreement (maudhu' al-'aqd), not merely adhering to its formal wording. Thus, the essence of cooperation and fairness in profit-sharing serves as its fundamental basis.
Analisis Hukum Sistem Gantang Bibit Padi Di Desa Sungai Nilam Dalam Persektif Kitab Al-Umm Imam Syafi'i Ilma Ilma; Moch. Riza Fahmi; Ari Widiyawati
Al-Aqad Vol. 5 No. 2 (2025): Al Aqad: Journal of Shariah Economic Law
Publisher : LP2M and Shariah Faculty of The Pontianak State Institute of Islamic Studies

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Abstract

The objectives of this study are: 1) To understand the practice of the paddy seed gantang system carried out by the community of Sungai Nilam Village; and 2) To determine the legal status of the paddy seed gantang system in Sungai Nilam Village from the perspective of Imam Syafi’i’s Al-Umm. The research method used was field research with a descriptive-qualitative approach. This study used primary data sources in the form of in-depth interviews. Secondary data sources were translations of Imam Syafi'i's Kitab Al-Umm. Data collection techniques were carried out through structured interviews and document studies. Data validity techniques used source and technique triangulation. Data analysis techniques consisted of data collection, data reduction, data presentation, and conclusion drawing. The results showed that: 1) the practice of the paddy seed gantang system is a tradition passed down from generation to generation that reflects the values of mutual cooperation, carried out through the exchange of similar goods using the same measure, even though there is an imbalance in the quality of the goods; 2) from the perspective of the Book of Al-Umm by Imam Syafi'i, it is in accordance with the provisions of muqayadhah, but does not fully meet the requirements due to differences in the quality of goods. However, this practice remains relevant to the principles of muamalah in Islam, which emphasizes justice.
Co-Authors Anggita Anggriana Ari Widiyawati Arif Wibowo Dwita Wahyuni Fajar Saputra Hasmidar Ilma Ilma Rio Oktaviandra Rusdi Sulaiman Safira Kaddihan Salsabila Salsabila Siti Aisyah Suhardiman Suhardiman