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All Journal JURNAL EKONOMI DAN BISNIS AIRLANGGA Al-Mazaahib: Jurnal Perbandingan Hukum
Zein, Fuad
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Religion Humanities Economics, Econometrics & Finance Social Sciences

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ABORSI JANIN CACAT DALAM PERSPEKTIF HUKUM ISLAM Zein, Fuad
Al-Mazaahib: Jurnal Perbandingan Hukum Vol. 5 No. 2 (2017): Al-Mazaahib
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (934.208 KB) | DOI: 10.14421/al-mazaahib.v5i2.1421

Abstract

Abortion has generally been considered cruel, inhumane, and contrary to religious law and doctrine. However, the law of abortion in particular needs to be studied in more depth, as there are various causes, not only one form, that underlie it.This paper examines how abortion is done due to indications of fetal defects according to Islamic law. This research is a type of normative legal research that is prescriptive, because this research is a scientific research to find the truth based on scientific logic from the side of law, using the approach of fiqh. The types of legal materials that the author uses are primary and secondary legal materials. The primary legal materials include the Qur'an, al-Hadith, and the fiqh books, while the secondary legal materials used are the literature that is in accordance with the object of study including Law no. 36 Year 2009 on Health. Data analysis technique is used with deductive logic. Based on the study findings, the conclusions are, first, the law of abortion is haram though in various levels in accordance with the development of fetal life. Second, Medical advancement has now been able to detect fetal damage before the age of four months. It is not considered accurate if the doctor makes the assumption that after birth the baby will experience a blemish such as blindness, deafness, or mute and that those defects are considered a cause that permits abortion. Such defects are actually disabilities that have been known in the wider community throughout human life and carried by many people. Third, nevertheless, in the first 40 days, and before the age of the fetus reaching 120 days in the womb, the fetus is in the phase of a clot of flesh and blood. If a trusted doctor determines that the fetus has a malformed disability and it cannot be cured, and if left alive, the future conditions will become a problem for him and for his family. In this condition, abortion may be permitted, according to the parents’ request.Kata kunci: aborsi, janin cacat, Hukum Islam
DIGITAL WALLET TRANSACTIONS: INSIGHT FROM ISLAMIC ECONOMIC AND LEGAL PERSPECTIVE Munifatussaidah, Asma; Zahara, Jihan Nabila; Zein, Fuad
Jurnal Ekonomi dan Bisnis Airlangga Vol. 34 No. 2 (2024): JURNAL EKONOMI DAN BISNIS AIRLANGGA
Publisher : Fakultas Ekonomi dan Bisnis, Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/jeba.V34I22024.301-317

Abstract

Introduction: This paper aims to analyze the contemporary problems surrounding digital wallet transactions from the perspective of Islamic economic law and discuss sharia compliance in the issuance and use of digital wallets, the validity of top-up transactions, and the permissibility of benefits such as cashback within the framework of Islamic jurisprudence. Methods: This paper uses library research methods to collect, explain and analyze data related to digital wallet transactions in the context of Islamic economic law. This has been done using a normative approach and Islamic economic law, supported by descriptive analysis of the previous research, fatwas from the Indonesian Ulema Council (DSN-MUI), and related regulations from Bank Indonesia. Results: The result of this discussion is that Islamic principles allow financial transactions as long as they do not involve prohibited elements such as usury, uncertainty (gharar), maysir, and israf. Digital wallets can fulfill Islamic principles if they comply with the regulations set by Islamic law. Conclusion and suggestion: The DSN-MUI fatwa provides guidance on the use of electronic money in accordance with sharia, ensuring that digital wallet transactions are in line with Islamic legal and ethical standards. Digital wallet transactions can use various contracts, such as wadiah and qardh contracts, although there are differences of opinion among scholars regarding their validity. The compliance of digital wallets with sharia must differentiate between conventional electronic wallets and electronic wallets that comply with Sharia.
Co-Authors Munifatussaidah, Asma Zahara, Jihan Nabila