Anam, Mohamad Hoirul
Sekolah Tinggi Islam Blambangan Banyuwangi

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Kerjasama Bagi Hasil Akad Muzara’ah Kritik Putusan Pengadilan Agama Banyuwangi Nomor 3252/Pdt.g.2016/Pa.Bwi Anam, Mohamad Hoirul
Momentum : Jurnal Sosial dan Keagamaan Vol 7 No 1 (2018): Momentum Jurnal Ilmu Sosial dan Keagamaan
Publisher : Sekolah Tinggi Islam Blambangan Banyuwangi

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Abstract

Abstrac: The agreement for profit sharing cooperation should be recorded in accordance with the applicable law so that it is mutually binding and does not result in fraud from either party either the violation or the betrayal of the cooperation agreement. This can be seen in Case Number 3252 / Pdt.G / 2016 / PA.Bwi. concerning cancellation of the muzara'ah contract. This research is a descriptive legal research, data collection is done by examining the lawsuit file, peace and the decision of the Panel of Judges. The results of this study, 1. The basis of the claim is the background of the denial or betrayal of one of the parties, namely land owners who feel jealous of land managers (cultivators) related to the harvest of dragon fruit. 2. The mediation process carried out based on PERMA No. 1 of 2016 concerning Mediation Procedures and Successfully Achieved an Agreement. 3. Legal products are Determination of case revocation.
Transaksi Jual Beli On-Line (Instagram) dengan Akad Salam Anam, Mohamad Hoirul
Momentum : Jurnal Sosial dan Keagamaan Vol 7 No 2 Mei (2019): Momentum Jurnal Sosial dan Keagamaan
Publisher : Sekolah Tinggi Islam Blambangan Banyuwangi

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Abstract: In this modern muamalah transaction new technological developments emerged, online buying and selling can be done through social media. Because of the influence of these technologies, it is considered important to examine further the practice of buying and selling on line and the validity of the contract. This is descriptive legal research, data collection is done by reviewing the literature on online buying and selling then analyzed by examining data, data classification and data analysis. His research results illustrate: the practice of buying and selling online through social media was carried out initially opening social media profiles, followed by looking at the products offered 2) Online buying and selling is permissible, harmonious and the terms of buying and selling online do not conflict with harmony and conditions in the legal system of Islamic engagement. 3) Online sale and purchase of greetings in accordance with the MUI DSN Fatwa No. 05 / DSN-MUI / IV / 2000 concerning Sale and Purchase Salam, because the contract does not violate existing Shari'a rules, so that in the future the existence of the Fatwa must be recognized and implemented in this modern economic activity.