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All Journal Al-Tahrir: Jurnal Pemikiran Islam Journal of Shariah Economic Law
Muhammad Hasan
Fakultas Syariah IAIN Pontianak
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Aplikasi Imkan al-Ru'yah Perspektif Fiqih dan Astronomi di Indonesia Muhammad Hasan
AL-TAHRIR Vol 13, No 2 (2013): Hukum Islam
Publisher : IAIN Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/al-tahrir.v13i2.21

Abstract

Abstract: One moderate method to determine the beginning of the month is imkān ar-ru’yah. On the other hand, there is no agreed imkān ar-ru’yah criteria among Muslims resulting in the claims of syar’i crescent and astronomy crescent. Therefore, Muslim scholars suggest that imkān ar-ru’yah criteria should be developed using a systematic scientific research. In addition, the atmosphere thickness in the equator is not similar to other countries so that the specific imkān ar-ru’yah criteria in Indonesia is possible to be different from other countries which are far from the equator. Based on the background, the writer is interested in to do research on imkān ar-ru’yah in Indonesia in the perspective of fiqh and astronomy. This writing uses “science cum doctrinaire approach”to analyse data . The findings of this research are as follows. First, in the fiqh perspective, there are several variables of imkān ar-ru’yah: calculating, horizon, crescent and testimony, and criteria. The imkān ar-ru’yah criteria in fiqh perspective is altitude >2˚ and elongation >3,6˚. Second, in the astronomy perspective, imkān ar-ru’yah criteria is formulated by altitudes >3,7˚ and elongation >5,5˚. Third, the tendency of the new moon criteria that is acceptable in the astronomy and fiqh perspectives is altitude >2,7˚ and elongation > 5,5˚.
PENERAPAN AKAD MUSAQAH TERHADAP BAGI HASIL KEBUN KARET DI DESA PASAK KECAMATAN SUNGAI AMBAWANG Nofal Nofal; Muhammad Hasan; Qomaruzzaman Qomaruzzaman
Al-Aqad Vol. 5 No. 2 (2025): Al Aqad: Journal of Shariah Economic Law
Publisher : LP2M and Shariah Faculty of The Pontianak State Institute of Islamic Studies

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Abstract

This study aims to examine the characteristics and qualifications of the parties involved in the musaqah contract within the practice of profit-sharing arrangements in rubber plantations in Pasak Village, as well as the content of the musaqah contract and the sighat (contractual declaration) used in this practice in Pasak Village, Sungai Ambawang Subdistrict. The research employs a qualitative method with a normative-empirical legal research approach. Data sources include primary data and secondary data such as books, journals, theses, and articles. Data collection techniques involve interviews and documentation. The data analysis technique used by the researcher consists of data collection, data reduction, data presentation, and drawing conclusions. The findings indicate that: 1) The characteristics of the musaqah contracting parties are primarily driven by economic and social motivations, such as limited capital, aspirations for fairness, and the need to fulfill family necessities. Technical competence and practical experience are considered more important than formal educational background, with cooperative relationships typically lasting between seven to ten years; 2) The content of the musaqah contract includes the division of responsibilities, profit-sharing ratios (60% to the cultivator and 40% to the landowner), and marketing mechanisms. Participatory negotiation processes and periodic evaluations help maintain the relevance and fairness of the agreement; 3) The sighat is performed informally through oral declarations, handshakes, and recitation of "bismillah" (in the name of God) in the presence of witnesses. Although not documented in writing, this form of sighat is regarded as valid and morally and spiritually binding, reflecting an adaptation of Sharia principles to local customary norms.
Co-Authors Nofal Nofal Qomaruzzaman Qomaruzzaman