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All Journal Al-Tasyree: Jurnal Bisnis, Keuangan dan Ekonomi Syariah
Nasution, Rachmad Saleh
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Religion Economics, Econometrics & Finance Social Sciences

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Analisis Yuridis Kontrak Sewa Menyewa atau Jual Beli Akun Bisnis E-Commerce di Indonesia Pratama, Dito Alif; Nasution, Rachmad Saleh
Al-Tasyree: Jurnal Bisnis, Keuangan dan Ekonomi Syariah Vol. 16 No. 01 (2024): Al-Tasyree: Jurnal Bisnis, Keuangan dan Ekonomi Syariah
Publisher : Prodi Ekonomi Syariah, Fakultas Syariah, Institut PTIQ Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59833/altasyree.v16i01.1827

Abstract

This research examines the legal and economic impacts of the practice of renting e-commerce business accounts from a legal and sharia perspective. The analysis shows that the current legal regulations have not fully accommodated the complexity of this practice. Although the ITE Law and regulations related to electronic transactions provide a basic framework, the lack of specifications regarding account renting causes legal uncertainty for both renters and account owners. Renters face the risk of breach of contract and legal issues related to the use of other parties' identities, while account owners may lose control over their account activities and face legal consequences from the renter's actions. Many business actors ignore or do not fully comply with regulations due to the lack of effective and clear law enforcement. From an economic perspective, renting e-commerce business accounts offers significant benefits to both parties. Renters can access a wider market and increase the credibility of their business, while account owners earn passive income from rental fees. However, the risk of financial loss remains if the rented account experiences problems or is blocked by the e-commerce platform. Account owners also risk losing income if their accounts are blocked due to violations by renters. The views of Islamic economic scholars emphasize honesty and fairness in transactions, avoiding uncertainty (gharar). The Hadith prohibits buying and selling that contains gharar (HR. Muslim). Regulations such as the ITE Law and the Consumer Protection Law also prohibit illegal access and misleading transactions. This study highlights the importance of more specific regulations and stronger legal protection. Compliance with regulations needs to be improved, and clear contracts and financial protection mechanisms must be established to manage risks. Thus, the practice of renting e-commerce business accounts can run more safely and efficiently, providing optimal economic benefits for all parties involved.
Maqashid al-Shariah sebagai Solusi atas Problematika Kontemporer Ibadah Kurban Nasution, Rachmad Saleh
Al-Tasyree: Jurnal Bisnis, Keuangan dan Ekonomi Syariah Vol. 16 No. 02 (2024): Al-Tasyree: Jurnal Bisnis, Keuangan dan Ekonomi Syariah
Publisher : Prodi Ekonomi Syariah, Fakultas Syariah dan Hukum, Universitas PTIQ Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59833/3pa2ga19

Abstract

The practice of Qurban (animal sacrifice) is one of the significant rituals in Islam, carrying deep spiritual and social values. However, its implementation on the ground often faces various technical, social, economic, and legal challenges that affect its effectiveness and overall benefit. This paper comprehensively examines the jurisprudential aspects of Qurban, the emerging contemporary issues, and practical solutions based on the approaches of maqashid al-shariah and contextual fiqh. The study highlights that technical problems such as the lack of qualified slaughterers and inadequate slaughtering facilities, as well as socio-economic issues like unequal meat distribution and low public awareness, are among the main challenges. Additionally, differences in fatwas among Islamic institutions and the lack of clear legal regulations contribute to confusion and potential misuse in Qurban practices. Proposed solutions include improving slaughter training programs, utilizing technology for transparent distribution, enhancing public education, and harmonizing fatwas from Islamic bodies such as MUI, NU, and Muhammadiyah to better meet the needs of both urban and rural communities. The maqashid al-shariah approach serves as the primary framework in formulating solutions that are not only compliant with Islamic law but also offer broad and sustainable social and economic benefits. This paper aims to serve as a reference for scholars, practitioners, and policymakers in optimizing the implementation of Qurban in the modern era.
Co-Authors Pratama, Dito Alif