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Perbedaan Tarif Transportasi Umum Antara Penumpang Umum dan Pelajar Atau Mahasiswa Menurut Hukum Islam Kamalulloh, Colungga Afgan; Mualim, Mualim; Matangaji, Amaludin
AL-MASHALIH (Journal of Islamic Law) Vol. 6 No. 2 (2025): AL-MASHALIH (Journal of Islamic Law)
Publisher : Sekolah Tinggi Ilmu Syariah Husnul Khotimah

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Abstract

Public transportation plays an important role in supporting the mobility of society, especially in areas where not all residents own private vehicles. One common policy implemented by public transportation providers is the fare differentiation between general passengers and students. This study focuses on P.O Elf Bayem AKDP Kuningan - Cirebon, which applies different fares based on passenger categories. The main issues examined are how this fare differentiation is implemented and how Islamic law views such a practice. The purpose of this research is to understand the implementation of fare differences between general passengers and students, and to analyze this practice based on the principles of Islamic law, particularly the ijarah contract. This study employs a qualitative method with a field research approach. Data collection techniques include interviews with operators, drivers, and service users, supported by relevant documentation. The findings reveal that the practice of fare differentiation at P.O Elf Bayem AKDP Kuningan - Cirebon aligns with the principles of ijarah in Islamic law. Especially ijarah 'ala al-a'maal ijaarah. This practice fulfills three important elements: first, there is transparency of rates in accordance with Al-Ahzab verse 70; second, an agreement based on mutual consent (antaraḍhin) as in An-Nisa verse 29; and third, there is no element of injustice, as emphasized in the Hadith of Abu Dawud, No. 3451. Therefore, this practice can be considered legitimate and in accordance with the values of muamalah in Islamic law.
Praktik Akad Wadi’ah pada Lahan Parkir Indomaret Fresh Bandorasa Wetan Kecamatan Cilimus Kabupaten Kuningan Ashari, Azmi Azizah; Mualim, Mualim; Hidayat, Yayat
AL-MASHALIH (Journal of Islamic Law) Vol. 6 No. 2 (2025): AL-MASHALIH (Journal of Islamic Law)
Publisher : Sekolah Tinggi Ilmu Syariah Husnul Khotimah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59270/mashalih.v6i2.352

Abstract

The practice of using a wadi’ah (safekeeping) contract for parking motor vehicles is common in various places, including at Indomaret Fresh Bandorasa Wetan. However, it remains unclear whether the implementation of this wadi’ah contract complies with its pillars (rukun) and conditions as stipulated in Islamic law. This study aims to examine the implementation of the wadi’ah contract in the parking area of Indomaret Fresh Bandorasa Wetan and to assess its conformity with Islamic legal principles. This study used a field research strategy with an emphasis on qualitative data. Observation, interviews, and written records were the means of data collection. The findings reveal that the practice of wadi’ah at the Indomaret Fresh Bandorasa Wetan parking area involves customers entrusting their vehicles to a parking attendant. Initially, there were no attendants, but due to an increase in the number of customers, a parking attendant was later assigned. From an Islamic legal perspective, the wadi’ah contract practice in this setting does not yet fulfill the necessary pillars and conditions. One notable issue is that service users (mudi’) do not receive a parking ticket from the attendant, which is a requirement for clarity and accountability. Additionally, if the item entrusted is one that can be properly safeguarded, any loss of the item obligates compensation.