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All Journal Reswara: Jurnal Pengabdian Kepada Masyarakat Sustainable: Jurnal Kajian Mutu Pendidikan AT-Turost: Journal of Islamic Studies KASBANA : Jurnal Hukum Ekonomi Syariah Ibtida: Media Komunikasi Hasil Penelitain Pendidikan Guru Madrasah Ibtidaiyah Indonesia of Journal Business Law Jurnal Ekonomi Syariah At-Tuhfah : Jurnal Studi Keislaman Jurnal Cendekia : Media Komunikasi Penelitian dan Pengembangan Pendidikan Islam Proceeding of International Conference on Humanity Education and Society
Miftah, Zaini
Unknown Affiliation
Religion Agriculture, Biological Sciences & Forestry Humanities Computer Science & IT Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Mathematics Social Sciences Other

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PERALIHAN RISIKO DALAM JUAL BELI ONLINE MENURUT WAHBAH ZUHAILI DAN HUKUM POSITIF Miftah, Zaini; Sarwini, Ahmad; Chusanti, Dima; Abrori, Muhammad
Indonesia of Journal Business Law Vol. 4 No. 2 (2025): IJBL - Artikel Riset Juli 2025
Publisher : Information Technology and Science (ITScience)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47709/ijbl.v4i2.6306

Abstract

Latar belakang: The development of information and communication technology has brought significant changes in the way people transact, one of which is through online buying and selling. Although it offers convenience, this transaction also presents various risks, especially in relation to the quality of the goods and the responsibility of the seller. In this context, an understanding of risk transfer in online buying and selling is very important, especially from the perspective of Islamic law and positive law. Wahbah Zuhaily, a prominent scholar, provides guidance on the rights and obligations in buying and selling transactions, including the right of khiyar for buyers if the goods received are not as promised. On the other hand, positive law, particularly the Civil Code (KUHPerdata), also regulates the seller's responsibility for the goods sold. Metode penelitian: To find out the answers to the problems above, this study is directed at Clinical Law research (Legal Research), this type of research aims to find legal provisions for concrete problems. The data analysis technique used is by collecting data related to the problem being studied using special rules, then analyzing it and drawing conclusions. Then, to complete this problem can be resolved with valid answers, a data collection instrument is used, namely interviews. Hasil penelitian: The research results show that many online shop sites are not responsible for defects in the goods promised. So, this is not in accordance with Islamic concepts or Fiqh and the Civil Code. In line with Wahbah Zuhaily's opinion in the Book of al-Fiqhu al-Islami Wa Adillatuh that if there is damage to an item being bought and sold, the buyer is given the khiyar right to continue the sale and purchase by paying for the item according to the defect or canceling the transaction. Likewise, in the Civil Code, responsibility for the risk of an item is still borne by the seller in accordance with Articles 1456, 1474 and 1491 of the Civil Code. Kesimpulan: If there is a risk in the goods being traded, the buyer has the khiyar right to continue the transaction by paying for the defective goods or cancel the sale. According to the Civil Code, title does not pass to the buyer until delivery is made (1459), and the seller is responsible for safe possession of the goods as well as hidden defects (1491). Online buying and selling can be analogized to salam buying and selling in fiqh muamalah.
TOP-DOWN TO PARTISIPATIF: TRANSFORMASI KEBIJAKAN PEMBERDAYAAN INKULUSIF Susanto, Andi; Miftah, Zaini
International Conference on Humanity Education and Society (ICHES) Vol. 4 No. 1 (2025): The 4rd International Conference on Humanity Education and Society (ICHES)
Publisher : FORPIM PTKIS ZONA TAPAL KUDA

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Abstract

Community empowerment is a crucial strategy in creating sustainable social change, especially amidst the challenges of social inequality and limited access. In the context of national development, community empowerment is a strategic component in improving welfare, as well as creating socio-economic independence at the grassroots level. However, various social policies that have been implemented so far are often top-down, less responsive to local needs, and have not fully empowered communities as subjects of development. This study aims to analyze and formulate the direction of social policy development that is oriented towards increasing community capacity and participation in various areas of life. A qualitative approach is used through literature studies, policy analysis and interviews with related stakeholders. The focus of the analysis is directed at three main aspects: social policy design, implementation of empowerment programs, and community participation in the decision-making process. This study also evaluates inter-institutional integration and synergy between the government, civil society organizations, and the private sector. The results of the study indicate that participatory social policies, responsive to local needs, and based on community assets are more effective in encouraging community independence. In addition, integration between government programs and civil society initiatives is key to creating an inclusive empowerment ecosystem. This study recommends the need for social policy reformulation through a multi-sector approach, strengthening local institutions, and developing success indicators based on long-term social impacts.
Co-Authors Abrori, Muhammad Andi Susanto Chusanti, Dima Fauziatun Nisa’, Ida Hamam Burhanuddin Lastutik, Sri Makki, Mustaqim Ni’mah, Roudlotun Roudlotun Ni’mah Rozi, Fahru Sarwini, Ahmad Suttrisno