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KHIYAR DALAM JUAL BELI MOTOR BEKAS DENGAN SISTEM BELUKAR DI DESA AMBAWANG KUALA Muhammad Iwan; Moch Riza Fahmi; Suhardiman Suhardiman
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.v4i1.2710

Abstract

This study aims to determine the practice of buying and selling used motorcycles with the exchange system and the practice of khiyar buying and selling used motorcycles with the exchange system in Ambawang Kuala Village. This research uses qualitative methods with empirical normative research. The data source uses primary data in the form of interviews with informants, namely sellers and buyers, while secondary data is in the form of books, journals, theses and related articles that discuss the sale and purchase of used motorcycles with the exchange system and as reinforcement for data collection. Data collection techniques are observation, interviews and documentation. The technique of checking data validity is by triangulation. Data analysis techniques are data collection, data reduction, data presentation and drawing conclusions. The results showed that in the practice of buying and selling used motorcycles that occurred in the field when researchers found an element of uncertainty about the used motorcycle caused by the seller himself, namely not saying and explaining in detail about the goods being traded which resulted in losses for consumers. In terms of sharia economic law, the used motorcycle trading system is in line with the concepts contained in khiyar majlis, khiyar 'aib and khiyar conditions because when the goods have defects, they can be returned on condition that the time has been determined by the exchange. There is only one motorcycle exchange that is not in accordance with khiyar syarat, where the goods have defects and can be returned unconditionally.
TINJAUAN HUKUM EKONOMI SYARIAH TERHADAP JUAL BELI BUKET UANG DI TANJUNG HILIR PONTIANAK Halimatus Sa’diyah; Moch Riza Fahmi; Tina Zulfahoirina
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

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The phenomenon of buying and selling money bouquets in Tanjung Hilir, Pontianak, is increasingly developing as part of the gift-giving trend that prioritizes aesthetic value, uniqueness, and flexibility for various celebratory events. The growing demand for money bouquets raises questions regarding the conformity of this practice with the principles of Islamic Economic Law, particularly concerning price determination and the use of money as an object of transaction. This study aims to describe the practice of buying and selling money bouquets in Tanjung Hilir, Pontianak, and analyze it from the perspective of Islamic Economic Law. This research employs a qualitative method with a normative-empirical approach through data collection techniques such as observation, interviews, and documentation. Data were analyzed using an interactive analysis model, including the stages of data collection, reduction, presentation, and conclusion drawing. The results indicate that the practice of buying and selling money bouquets is conducted both directly and through social media, with the use of real money as part of the bouquet based on mutual agreement between the seller and buyer. Price determination includes components of material costs, the nominal value of the money, and the creative service of the arranger. Based on the analysis of Islamic economic law, this practice is permissible as it does not contain elements of usury (riba), uncertainty (gharar), or gambling (maisir), and the price difference is considered as ujrah or compensation for the arranging service. In conclusion, the buying and selling of money bouquets in Tanjung Hilir, Pontianak, is deemed valid and in accordance with sharia principles as long as it is conducted transparently, fairly, and based on the mutual consent of both parties.