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All Journal Jurnal Hukum Novelty JURNAL MAHKAMAH Jurnal Hukum Respublica Wisanggeni : Jurnal Pengabdian Masyarakat Bidik : Jurnal Pengabdian kepada Masyarakat Perspektif Hukum Riau Law Journal eProceedings of Engineering Jotika Research in Business Law
Muhammad Azani
Fakultas Hukum, Universitas Lancang Kuning
Arts Humanities Computer Science & IT Control & Systems Engineering Education Electrical & Electronics Engineering Engineering Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences

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Journal : Perspektif Hukum

 1 
Praktik Akad Gadai dengan Jaminan Lahan /Sawah dan Gadai Emas di Kecamatan Mempura Kabupaten Siak Berdasarkan Hukum Islam Muhammad Azani
Perspektif Hukum VOLUME 15 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v15i2.36

Abstract

Lien contract undertaken by the community in the District Mempura Siak is pledge of land/fields. However, whether the lien contract is in reality a pledge as described in Islamic law. The researched issues are focused on the level of understanding of the community in the District Mempura Siak about the sharia lien contract; the practice of pledge land/fields that has been done by the community in the District Mempura Siak; and the practice of buying gold then pawned again when the gold price higher. Results of research show that 1) the level of understanding of the community in the District Mempura Siak about sharia pawning is very well with indications that most of the community involved in the activity of sharia pawn can understand as an alternative financing based on Islamic law; 2) lien contract practice that has been done by the community in the District Mempura Siak is not the Sharia lien contract based Islamic law. Practice is more accurately described as muzara'ah, which is a form of cooperation between landowners and land managers with profits shared according to the agreement. 3) The practice of buying gold then pawned again at the time of high gold prices does not constitute as a lien contract practice based on Islamic law, but more as buying and selling gold. This practice has been in the category of speculation on the price of gold, as gold prices are subject to change-change according to market gold in the international market.
Penjadwalan Kembali (Rescheduling) Tagihan Murabahah di Bank Rakyat Indonesia Syariah (BRIS) Kota Pekanbaru Berdasarkan Hukum Islam Taufiqul Hulam; Muhammad Azani
Perspektif Hukum VOLUME 16 ISSUE 1
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v16i1.43

Abstract

Rescheduling Murabaha bill on Islamic banking is suspected to add the amount of remaining bill that is unclearly allocated and categorized as usury. The research is a socio-legal study by using primary, secondary and tertiary data sources. The data are collected through observation, interview and documentation. The results of the research show that firstly, rescheduling the murabaha bill in Bank Rakyat Indonesia Syariah (BRIS), Pekanbaru City branch is to make a new contract of the rescheduling, while the previous contract is declared null and void. Secondly, in fact, BRIS Pekanbaru City branch does not fully apply the provision that the amount of Murabaha bill can not be increased. In practice, BRIS only calculates the amount of months that become the customer’s responsibility by reducing the amount of installments, and does not calculate the amount of Murabaha remaining bill before rescheduling. Thirdly, if the party does not fulfill his/her obligations or if there is a dispute between the parties, the dispute will be settled through mutual consultation, the National Sharia Arbitration Board and the Religious Courts. The parties can primarily conduct deliberations to solve the problems.
Asas Keadilan dan Ahli Waris Pengganti dalam Praktik Kewarisan Masyarakat berdasarkan Hukum Islam di Kecamatan Bantan Kabupaten Bengkalis Hasan Basri; Muhammad Azani
Perspektif Hukum VOLUME 17 ISSUE
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v17i1.56

Abstract

This article analyzes the inheritance practices carried out by the community in Bantan District, Bengkalis Regency Based on Islamic Law. The research method used is a sociological legal research that discusses the application of positive law regarding the practice of community inheritance in Bantan District, Bengkalis Regency. The results showed: a. The community in Bantan Subdistrict turned out to be wrong in understanding the principle of balanced justice which was considered to be contrary to the sense of justice for the heirs. They understand the principle of balanced justice must be in the same sense. Whereas the meaning of the principle is that each heir, both male and female, has the same rights in obtaining inheritance rights. Men get more rights which do not mean unfair, but in Islamic law it stipulates that men are responsible for the burden of the family; b. The community in Bantan District in understanding radd in Islamic law does not fully refer to the KHI which is a reference in determining the law. They divide radd based only on habits that can be shared with the heirs who want it or the mosque; c. The community in Bantan Subdistrict considers that the heirs who passed away first from the heir, cannot be replaced by the heir's child. Whereas based on Article 185 paragraph (1) the KHI position of the heir can be replaced by the offspring of both male and female.
Co-Authors Basri, Hasan Faiza Hayati Aprila Hasan Hasan Basri Hasan Basri Hasan Basri Hasan Basri Muhammad Abdi Risa Mutiara Siti Halimah Taufiqul Hulam Taufiqul Hulam Yuli Adam Prasetyo