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DISTRIBUSI “WARISAN” MENGGUNAKAN MUFAKAT PERSPEKTIF MANAJEMEN KONFLIK: Studi di Masyarakat Desa Sedayu Kec. Turen Kab. Malang Adhkar, Shohibul
Al-Mazaahib: Jurnal Perbandingan Hukum Vol. 7 No. 1 (2019): Al-Mazaahib
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (588.75 KB) | DOI: 10.14421/al-mazaahib.v7i1.1802

Abstract

Distribution of inheritance which is mean all the property of parents to all heirs, particularly children, it becomes an important part. Refer to the basic part of the inheritance law that has been written clearly in the Qur'an. But the fact in Sedayu Village Kec. Turen Kab. Malang which prefer to use consensus way or kinship deliberation. The aims of this study. First, to find out why Sedayu people uses consensus way in distributing inheritance. Second, To know the models of the distribution of inheritance in the community of Sedayu Village Kec. Turen. The method used in this research is Empirical Law or Social Law research with qualitative descriptive approach. While the data are extracted in the form of primary data derived from interviews and documentation of the informant, informant and respondent on the practitioner of inheritance distribution using consensus. To answer what are the fundamental reasons for consensus and how it is distributed. In this research, the researcher find the result of phenomenon data of the inheritance distribution that exist in the community of sedayu village. First, the fundamental reason they use consensus in the distribution of inheritance, to prevent conflicts when inheritance is distributed. Because for them the main family unity. The second reason with the consensus of the division of inheritance is more just and equitable without discrimination as in the inheritance of Islam. Secondly, the distribution model of the inheritance they use as well as the grant given to all the heirs in this case is the biological child, testament and inheritance they use are not in accordance with the Shari'a. Rather they equally share the heirs as in the grant. Based on the results of the research, it is concluded the reason for the village community using consensus in the division of inheritance is to overcome the conflicts which occurred during the division of inheritance, to keep the family together and with the consensus to be equally divided. The model used is not much different from the existing system in the Shari'a. But not in accordance with the Shari'a.
Specification Discrepancies to Economic Usury: A Critical Evaluation of Online 'Money Bouquet' Transactions Yuniar, Sinta; Adhkar, Shohibul
Az-Zarqa': Jurnal Hukum Bisnis Islam Vol. 15 No. 1 (2023): Az Zarqa'
Publisher : Sharia and Law Faculty of Sunan Kalijaga Islamic State University Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/azzarqa.v15i1.3100

Abstract

Abstract: Buying and selling money buckets online poses many problems. Discrepancies in the specifications of goods that have been agreed between customers and sellers with the results are often encountered. Sellers also often experience problems, such as unilateral cancellation by the buyer. This article will examine the practice of buying and selling money buckets with an order system carried out at the online shop @Meikagallery_. This article is a field research that uses qualitative research methods. Data is obtained through observation, interviews, and documentation conducted on the owner of the money bucket buying and selling business. The data is then analyzed using an emperical juridical approach based on the provisions of Law Number 8 of 1999 concerning Consumer Protection Law and based on Fiqh Mua'malah. The result of this study is that the practice of buying and selling money buckets in the order system on the @Meikagallery_ account is not in accordance with applicable norms. Based on Law Number 8 of 1999 concerning Consumer Protection, non-compliance with the promised specifications of goods and results is a violation of positive legal norms and Islamic law. And when viewed from Fiqh Mua'malah 'aqad Istithnā' becomes void because it cannot fulfill the order according to the agreement.The transaction is also invalid because it contains an element of usury, where the buyer is charged an additional fee in exchanging money.This article provides an overview of how to ideally buy and sell a bouquet of money online, so that sellers and buyers avoid elements that are not allowed in state regulations and Islam.Abstrak: Jual-beli bucket uang secara online menimbulkan banyak masalah. Ketidaksesuaian spesifikasi barang yang telah disepakati antara pelanggan dan penjual dengan hasil produk merupakan hal yang sering ditemui. Sementara, penjual juga sering mengalami masalah, seperti pembatalan sepihak yang dilakukan oleh pembeli. Artikel ini akan mengkaji praktik jual-beli bucket uang dengan sistem pesanan yang dilakukan pada online shop @Meikagallery_. Artikel ini penelitian lapangan (field research) yang menggunakan metode penelitian kualitatif. Data diperoleh melalui observasi, wawancara mendalam, dan dokumentasi yang dilakukan pada pemilik usaha dan pembeli bucket uang. Data kemudian dianalisis menggunakan pendekatan yuridis emperis berdasarkan ketentuan Undang-Undang Nomor 8 Tahun 1999 Tentang Hukum Perlindungan Konsumen dan berdasarkan dengan Fiqih Mua’malah. Hasil dari penelitian ini menunjukkan bahwa praktik kegiatan jual beli bucket uang dalam sistem pesanan pada akun @Meikagallery_ tidak sesuai dengan norma yang berlaku. Berdasarkan Undang-Undang Nomor 8 tahun 1999 tentang Perlindungan Konsumen, tidak sesuainya spesifikasi barang yang dijanjikan dan hasil produk merupakan pelanggaran terhadap norma hukum positif dan hukum Islam. Jika dilihat dari Fiqih Mua’malah, ‘aqad Istithnā’ menjadi batal karena tidak terpenuhinya pesanan sesuai perjanjian. Transaksi juga menjadi tidak sah karena mengandung unsur riba, di mana pembeli dikenakan biaya tambahan dalam penukaran uang. Artikel ini memberikan gambaran bagaimana idealnya jual beli buket uang secara online, agar penjual dan pembeli terhindar dari unsur yang tidak diperbolehkan dalam peraturan negara maupun hukum Islam.
Indifference of Jakarta KRL Users: A Postive and Islamic Law Perspective Adhkar, Shohibul
Media Syari'ah : Wahana Kajian Hukum Islam dan Pranata Sosial Vol 26, No 2 (2024)
Publisher : Sharia and Law Faculty

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jms.v26i2.24796

Abstract

This research examines the indifferent behavior of users of priority seats on the Electric Commuter Train in Jakarta. This deviant behavior occurs during the commuting hours, both in the morning and evening. This research was examined using qualitative research methodology and a case study approach. In this study, it was found that KRL passengers choose to ride the KRL so they can sit and rest during the journey on the KRL. The irony is that on every seat occupied in the KRL, there is an appeal to give up their seat for those who are classified as priority. Meanwhile, those who have already gotten a seat choose to be indifferent, either by sleeping or covering their ears with headphones while watching their phones or playing games during the journey. With that behavior, they hope not to have to bother giving up their seats to priority users during the journey. Our analysis of that behavior concluded that it is not in line with the ethical system that applies in the KRL. This occurs due to the low legal awareness of KRL users regarding the applicable norms. Likewise, the background of religious, social, and moral education plays an important role in the existence of such indifferent behavior. The existence of such indifferent behavior falls into the category of a modern humanitarian problem that is highly capitalistic. Degrading the value of humans in Islam as khalifatullah, because they are unable to make Allah the primary object of worship in every activity, especially by giving priority to those who are more deserving.
Indifference of Jakarta KRL Users: A Postive and Islamic Law Perspective Adhkar, Shohibul
Media Syari'ah Vol 26 No 2 (2024)
Publisher : Fakultas Syariah dan Hukum Universitas Islam Negeri Ar-Raniry Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jms.v26i2.24796

Abstract

This research examines the indifferent behavior of users of priority seats on the Electric Commuter Train in Jakarta. This deviant behavior occurs during the commuting hours, both in the morning and evening. This research was examined using qualitative research methodology and a case study approach. In this study, it was found that KRL passengers choose to ride the KRL so they can sit and rest during the journey on the KRL. The irony is that on every seat occupied in the KRL, there is an appeal to give up their seat for those who are classified as priority. Meanwhile, those who have already gotten a seat choose to be indifferent, either by sleeping or covering their ears with headphones while watching their phones or playing games during the journey. With that behavior, they hope not to have to bother giving up their seats to priority users during the journey. Our analysis of that behavior concluded that it is not in line with the ethical system that applies in the KRL. This occurs due to the low legal awareness of KRL users regarding the applicable norms. Likewise, the background of religious, social, and moral education plays an important role in the existence of such indifferent behavior. The existence of such indifferent behavior falls into the category of a modern humanitarian problem that is highly capitalistic. Degrading the value of humans in Islam as khalifatullah, because they are unable to make Allah the primary object of worship in every activity, especially by giving priority to those who are more deserving.