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All Journal TAMWIL: Jurnal Ekonomi Islam Qawanin: Journal of Economic Syaria Law
rahmi, zikra
Unknown Affiliation
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Tinjauan Akad dalam Sistem Bainduk Samang di Huler Beras Rolis, Robbi Etman; Arianti, Farida; Rahmi, Zikra
Qawanin: Jurnal of Economic Syaria Law Vol 7 No 2 (2023): December
Publisher : Fakultas Syariah IAIN Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30762/qaw.v7i2.300

Abstract

This study examined the bainduk samang system in rice huler. The relationship between farmers and rice huler owners in accommodating rice/grain harvesting objects as trade objects. The purpose of how to bainduk samang that provides benefits in economic transactions such as capital, accounts receivable and accompanied by buying and selling between rice huller owners and farmers. Types of field research with descriptive qualitative methods. This research approach is with a phenomenological approach in the cold water community of Koto Tangah Padang. The results of this study show that the motives of farmers to do bainduk samang as a form of farmers' efforts for the sustainability of being able to grow crops. With the cooperation of Bainduk Samang to the owner of Huler. As a result, the contract is carried out with accounts receivable and buying and selling. The form of buying and selling is conditional, that is, it is to be sold to the lender at a price below the market. Conditional buying and selling in fiqh in order to reduce the price of the fasid buying and selling category
Declinatoir Exception Rejection Analysis on The Application of The Principles of Simple Fast and Low Costs in Murabahah Financing in The Bukittinggi Religious Courts Afkar, Afkar; Elimartati, Elimartati; Arianti, Farida; Rahmi, Zikra
TAMWIL : Jurnal Ekonomi Islam Vol 10, No 2 (2024)
Publisher : IAIN Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/jtm.v10i2.13121

Abstract

This research examines the application of the principles of fast, simple, and low-cost proceedings in murabahah financing disputes at the Bukittinggi Religious Courts. Specifically, it addresses the issue of declinatory exceptions filed by defendants, which impact the efficiency of the judicial process. These principles are critical for ensuring effective and equitable access to justice. The study aims to analyze the impact of rejecting declinatory exceptions on the trial process in murabahah financing cases. It also evaluates how the principles of fast, simple, and low-cost judicial proceedings are implemented in such disputes. A qualitative research method with a case study approach was employed. Data collection involved analyzing case records, judicial decisions, and related legal principles to understand the implications of declinatory exceptions on court efficiency. The findings indicate that the rejection of the declinatory exception by the panel of judges led to delays in the trial process without valid legal justification. The interim decision, which affirmed the Bukittinggi Religious Court's authority, contradicted the principle of expedited proceedings, thus increasing trial duration and costs. The study concludes that rejecting declinatory exceptions without proper justification undermines the principles of fast, simple, and low-cost trials. Judicial practices should align with these principles to improve efficiency in murabahah financing dispute resolution.
Co-Authors Afkar Afkar Elimartati Elimartati Farida Arianti Rolis, Robbi Etman