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All Journal MIYAH: Jurnal Studi Islam MASADIR: Jurnal Hukum Islam
Dani El Qori
Institut Keislaman Abdullah Faqih (INKAFA) Manyar Gresik
Religion Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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TRANSAKSI E-COMMERCE BERBASIS MARKET PLACE: ANTARA AKAD SALAM DAN GHARAR PERSPEKTIF FIQIH MADZHAB SYAFI`I) Dani El Qori
MIYAH : Jurnal Studi Islam Vol. 16 No. 2 (2020)
Publisher : Institut Keislaman Abdullah Faqih Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (322.255 KB) | DOI: 10.33754/miyah.v16i2.351

Abstract

Technological developments have an impact on changes in habits and lifestyles in all walks of life, including in the line of economic transactions. Buying and selling transactions that were initially carried out face-to-face between sellers and buyers have shifted to a new style of online trading transactions via the internet or commonly known as e-commerce. This transaction model offers the convenience of transactions that are not bound by time and place. However, behind this convenience, problems arise in the form of widespread fraud and unclear object transactions. This problem is responded to by the existence of a market place service that offers security in transactions. In the fiqh literature, this e-commerce transaction is close to the salam contract. In this paper, we will discuss the existence of gharar and the application of the salam contract in e-commerce transactions based on market place. The author uses the salam contract theory in the perspective of the Shafi`i school of thought.Kata Kunci : e-commerce, market place , gharar, salam.
IMPLEMENTASI KHIYAR PADA REGULASI PEMBATALAN TRANSAKSI DAN PENGEMBALIAN BARANG DI APLIKASI SHOPEE Dani El Qori
MIYAH : Jurnal Studi Islam Vol. 18 No. 2 (2022): AGUSTUS
Publisher : Institut Keislaman Abdullah Faqih Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Abstract: Technological developments have changed many things in all lines of human life. including buying and selling transactions. Through internet services, the trend of online buying and selling or what is commonly called e-commerce emerged. E-commerce services offer convenience and speed in buying and selling transactions without having to meet physically. However, the advantages offered still create gaps. It is often found that there is disappointment from buyers who use e-commerce services because the goods received do not match the specifications of the goods offered. Islamic law has provided a solution to this problem through khiyar rights. The buyer can submit a cancellation of the transaction if there is a discrepancy in the goods received. In this article, the author will examine the implementation of khiyar in canceling transaction regulations on the Shopee application. This research is in the nature of literature research which makes the regulation of canceling transactions on the Shopee application the object of research. The data that has been collected will be analyzed using the theory of khiyar in fiqh. Kata kunci: khiyar, pembatalan, pengembalian, Shopee.
Muzara`ah: Teori Dalam Hukum Islam Dan Aplikasinya Dalam Kerjasama Di Bidang Pertanian Dani El Qori
MASADIR: Jurnal Hukum Islam Vol. 1 No. 1 (2021): APRIL 2021
Publisher : Universitas Kiai Abdullah Faqih (UNKAFA) Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33754/masadir.v1i1.341

Abstract

Abstrak: Agriculture is the primary sector in the Indonesian economy. Massive infrastructure development has an effect on the reduction of agricultural land. A lot of land is not used by the owner because of his inability in agriculture. On the other hand, many farmers who control agriculture but do not own agricultural land. This is the background of cooperation between land owners and farmers with an agreement to share the harvest. This cooperative practice is found in many regions in Indonesia. In Islamic law this practice is identical to the muzara`ah contract. This article discusses the theory of the muzara`ah contract in the study of Islamic law and its application in cooperation in the agricultural sector. Scholars have different opinions regarding the validity of the muzara`ah contract. Hanbali, Maliki, and Hanafi madhhab scholars state that this contract is valid in Islamic law. The application of the muzara`ah contract is ideally based on togetherness and openness between the two parties. Kata Kunci : muzara`ah, cooperation, agricultural, Islamic Law
Tinjauan Hukum Islam Terhadap Praktik Arisan Daging Di Desa Slempit Kecamatan Kedamean Kabupaten Gresik Dani El Qori; Habib Masyhudi
MASADIR: Jurnal Hukum Islam Vol. 2 No. 1 (2022): April, 2022
Publisher : Universitas Kiai Abdullah Faqih (UNKAFA) Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33754/masadir.v2i1.484

Abstract

Arisan is one of the contemporary muamalah practices that is very much in demand today. Among the types of social gathering that developed in society is the gathering of meat. The social gathering of meat is carried out by the community in Slempit Village, Kedamean District, Gresik Regency. As the name suggests, the social gathering of meat is done with a payment that is in accordance with the unit price of meat on the market. Meanwhile, it can be seen that the price of meat in the market sometimes increases or decreases. This study analyzes how the implementation of social gathering meat in Slempit Village, Kedamean District, Gresik Regency and how Islamic law reviews the practice of social gathering meat in Slempit Village, Kedamean District, Gresik Regency. The approach used in this study is a qualitative descriptive approach. The results of this study indicate that the meat gathering in Slempit Village, Kedamean District, Gresik Regency is carried out by every member of the meat gathering who will carry out celebrations such as walimatul 'ursy, circumcision and birthdays. The nominal gathering of meat is in accordance with the unit price of meat on the market. The practice of gathering meat in the village of Slempit is identical to the qard contract. This practice is not valid according to the Shafi`I school because it does not use sighat ijab qabul. This practice is also illegal according to the majority of scholars because there is a difference in fees when there is an increase in the price of meat.
Co-Authors Habib Masyhudi