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PENGARUH MINUMAN KERAS TERHADAP TINGKAT PERCERAIAN Di KABUPATEN BONE Nur Hakimah
Al-Maslahah : Jurnal Ilmu Syariah Vol 15, No 2 (2019)
Publisher : Fakultas Syariah (Syari'ah Faculty )

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-maslahah.v15i2.1473

This research aimed to find out and elaborate the influence of alcohol against and to recognize and analyze how tackling the booze against divorce in the Bone Regency. Research methods used an empirical legal research in the disciplines of law to examines the primary data. The data were obtained through observation, interviews, and literature review. The population in this study were judges clerks of the Watampone Religious Court, litigants, and other relevant parties both directly and indirectly participants. The results of this study indicated that the influence of liquor against the Religious Court Watampone in the divorce rate was a substantial influence, because it gave of greatly affects the family economy, damaging mental, strikes the family, and could be isolated from the family its self. As for how to overcome the influence of liquor against divorce in the Bone that it was only formed a regional regulation that specifically, clearly and resolutely set about alcohol.

JUAL BELI SATWA LIAR YANG DILINDUNGI DI KECAMATAN GALING KABUPATEN SAMBAS PERSPEKTIF PERATURAN MAHKAMAH AGUNG NOMOR 02 TAHUN 2008 Rahma Rahma Maulidya; Abu Bakar; Nur Hakimah
Al-Aqad Vol. 2 No. 1 (2022): Al-Aqad: Journal of Shariah Economic Law
Publisher : LP2M and Shariah Faculty of The Pontianak State Institute of Islamic Studies

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-aqad.v2i1.754

This research wants to uncover the practice of selling protected wildlife in Galing Sambas and weigh it within the Compilation of Sharia Economic Law (KHES) framework and in the Supreme Court Regulation (Perma) No. 02 of 2008. This research is an empirical juridical law study with a normative approach. It uses primary and secondary data from observation techniques, interviews, and documentation among these study location studies, statutory studies, journals, articles, books - books related to research. Data analysis techniques are through the stage of organizing data, outlining the depth of the units, and doing the synthesis. Whereas in the validity test, the data uses triangulation. The results of this study show two things, namely buying and selling practices and the law. Buying and selling protected wildlife in Galing Sambas District is practiced as usual transactions include; seller, buyer, place of sale and purchase object, settlement, place of sale and purchase, and the expiration of transactions. Payment systems are carried out in cash and non-cash. Such buying and selling practices are fervently legal. At the same time, the law of buying and selling protected wildlife according to KHES is forbidden (haram). These legal differences are due to differences in the assessment between the community and the state of the object of buying and selling, namely protected wildlife. The state provisions on wildlife as stipulated in the Law Number 5 1990 concerning Conservation of Natural Resources and Ecosystems make the conditions for buying and selling in KHES unfulfilled because it is against state law. Keywords: Sale and Purchase, Perma Number 02 of 2008, Protected Wildlife

HUKUM MENYEWAKAN RAHIM MENURUT MAJELIS ULAMA INDONESIA (MUI) KALIMANTAN BARAT: - Yeyen Raja Syah Harahap; Abu Bakar; Nur Hakimah
Al-Aqad Vol. 3 No. 2 (2023): Al-Aqad: Journal of Shariah Economic Law
Publisher : LP2M and Shariah Faculty of The Pontianak State Institute of Islamic Studies

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-aqad.v3i2.945

The purpose of this research is to find out the implementation of uterine leasing, the opinion of the Indonesian Ulema Council (MUI) of West Kalimantan, and the concept of the legal basis underlying the views of the Indonesian Ulema Council (MUI) of West Kalimantan on uterine leasing. The type of research conducted to obtain the data desired by researchers using empirical field research. The research technique uses a descriptive qualitative approach. The sources used by researchers use primary data and secondary data. The techniques used to collect data are interview techniques, and documentation. Based on the research conducted by researchers, it can be concluded that; 1) The practice of renting a uterus is an activity that brings harm to the child from renting a uterus and the surrogate mother, 2) MUI West Kalimantan argues that the practice of renting a uterus is tantamount to degrading the dignity of women because it is considered the same as selling women's honor, and MUI West Kalimantan argues that renting a uterus includes adultery. 3) The basic concept and legal basis used to strengthen the opinion of MUI West Kalimantan on the issue of the practice of renting a uterus is based on Islamic law sources, namely the Qur'an, Hadith, and the consensus of the scholars.

UPAH JURU KUNCI MAKAM BATU LAYANG PONTIANAK TINJAUAN KOMPILASI HUKUM EKONOMI SYARIAH Syarifah Nur Halimah; Abu Bakar; Nur Hakimah
Al-Aqad Vol. 3 No. 1 (2023): Al-Aqad: Journal of Shariah Economic Law
Publisher : LP2M and Shariah Faculty of The Pontianak State Institute of Islamic Studies

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-aqad.v3i1.1545

This study aims to find answers to the main problems, namely the system of caretaker services for the Batu Layang Pontianak tomb and the legal fees for caretakers for the Batu Layang Pontianak tomb in the review of the Sharia Economic Law Compilation (KHES). This type of research uses qualitative methods and a normative-empirical approach. Researchers collect primary data from observations, interviews, and documentation, while secondary data researchers obtain from literature, articles, journals, and websites. Based on the results of the study it can be concluded that: 1) The caretaker of the Batu Layang tomb applies two practices, namely wages from pilgrims who are voluntary and wages from the Pontianak Cultural Heritage Service worth IDR 1,000,000.00 per month. 2) The law on the wages of caretakers of the Batu Layang tomb in KHES has complied with and is by the provisions in the ijarah chapter, namely pillars and ijarah contracts, and is not contradictory. However, there is one article that is inconsistent with the caretaker wages for the caretaker of the Batu Layang Pontianak tomb, namely article 311. The results of this study indicate that concerning pilgrims if they do not require the services of a caretaker, they will not receive ijarah. However, the caretaker always does the work in his contract with the Pontianak Cultural Heritage Service.

MEMBER CARD SEBAGAI ALAT PEMBAYARAN DI ALFAMART KOMYOS SUDARSO PERSPEKTIF HUKUM ISLAM Melisa Nursafitri; Dahlia Haliah Ma'u; Nur Hakimah
Al-Aqad Vol. 3 No. 2 (2023): Al-Aqad: Journal of Shariah Economic Law
Publisher : LP2M and Shariah Faculty of The Pontianak State Institute of Islamic Studies

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-aqad.v3i2.1956

This study aims to determine the practice of buying and selling using a member card at Alfamart Komyos Sudarso from the perspective of Islamic law. This study used a qualitative research method with a type of field research and a normative-empirical research paradigm. The data sources included interviews with Alfamart employees and consumers who use a member card. Secondary data was obtained through primary legal materials, namely KHES, the Quran, and Hadith, and secondary legal materials such as books, journals, and scientific works. Data collection techniques included observation, interviews, and documentation. The findings of the study: 1) The practice of buying and selling using a member card at Alfamart Komyos Sudarso is such that consumers who want to register as members must fulfill certain conditions. Buyers can use the card, show it to the cashier, and scan the barcode. Consumers can earn points and discounts. Each consumer who uses this card will receive 1 point valued at IDR 200.00. 2) The Islamic legal review of the buying and selling using a member card at Alfamart Komyos Sudarso explains that the use of this card does not involve coercion because consumers who wish to register do so voluntarily. In buying and selling, it is necessary to meet the principles of trading so that transactions follow Islamic law.

BUNGA PINJAMAN BAITUL TAMWIL MUHAMMADIYAH RASAU JAYA PERSPEKTIF FATWA MAJELIS TARJIH MUHAMMADIYAH TENTANG BUNGA KOPERASI Satyananda Wicaksana; Rusdi Sulaiman; Nur Hakimah
Al-Aqad Vol. 5 No. 1 (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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This research aims to find out how loan interest is implemented at Baitul Tamwil Muhammadiyah Rasau Jaya and to find out clearly whether the implementation of loan interest at Baitul Tamwil Muhammadiyah Rasau Jaya can be adjusted to the fatwa of the Muhammadiyah Tarjih Council regarding cooperative interest. Researchers use normative and empirical research types. Normative research functions to explore the fatwa of the Muhammadiyah Tarjih assembly regarding cooperative interest, while empirical research is to examine whether the implementation of loan interest at Baitul Tamwil Muhammadiyah Rasau Jaya can be adjusted to the fatwa of the Muhammadiyah Tarjih regarding cooperative interest. The data used in this research is primary data obtained from interviews with the management and customers of Baitul Tamwil Muhammadiyah Rasau Jaya and secondary data obtained from library sources such as books and journals. In this study, documentation, interviews, and observation were the methods used to collect data. Meanwhile, the researcher's data analysis techniques involved data reduction, data presentation, and conclusions. Then the validity of the data is tested through triangulation of technique, source, and time. The research results show that: 1) Baitul Tamwil Muhammadiyah Rasau Jaya applies loan interest. The interest (additional fees) will be returned to Baitul Tamwil members in the form of a loan. This is done based on the principle of ta'awun; 2) Based on its articles of association, Baitul Tamwil Muhammadiyah Rasau Jaya is declared a sharia savings and loan cooperative, thus it can be adjusted to the fatwa of the Muhammadiyah Tarjih Council regarding cooperatives.

TINJAUAN AKAD IJARAH TERHADAP JASA PACAK KUCING DI PONDOK KUCING EDELWEIS PONTIANAK Irda Andini; Dahlia Haliah Ma'u; Nur Hakimah
Al-Aqad Vol. 4 No. 2 (2024): Al-Aqad: Journal of Shariah Economic Law
Publisher : LP2M and Shariah Faculty of The Pontianak State Institute of Islamic Studies

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-aqad.v4i2.3326

The purpose of this research is to find out the practice of cat pacak services at Pondok Kucing Edelweis Pontianak and study it based on the ijarah contract. This research uses a qualitative method with the type of empirical or field legal research. The main data sources include interviews with the owner and consumers of Pondok Kucing Edelweis Pontianak shop. Meanwhile, secondary data used are books, journals, theses, and websites that discuss cat pacak. Data collection techniques used were interviews, observation and documentation. Data validity was checked through source triangulation. The results showed that the practice of cat trapping services at Pondok Kucing Edelweis Pontianak uses a rental contract (ijarah). The cat trapping process involves the owner of the male cat as the provider of cat trapping services and the owner of the female cat as the consumer. The review of the ijarah contract on the practice of cat tracking services seen from the pillars and conditions of the ijarah contract is invalid because in the practice of cat tracking services, one of the conditions of ijarah is not fulfilled, namely the benefits in the form of sperm where the males hired to marry females are unclear about the amount of sperm and whether marriage can occur or not, thus causing a violation of gharar because it is unclear about the substance, nature and size of the sperm, so it cannot be handed over. According to the majority of scholars, it is forbidden to hire cat breeding services for a fee.

Studi Kompetatif Over Kredit Motor Perspektif Kitab Undang-Undang Hukum Perdata dan Kompilasi Hukum Ekonomi Syariah Muhammad Muhammad; Abu Bakar; Nur Hakimah
Al-Aqad Vol. 5 No. 1 (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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This study aims to analyze the practice of motorcycle credit transfer (oper kredit motor) among the community in Pontianak City from the perspectives of the Indonesian Civil Code (KUHPerdata) and the Compilation of Sharia Economic Law (KHES). The research employs a juridical-empirical approach. Secondary data sources include books on civil law, Islamic law, literature on credit and banking, journals, theses, dissertations, and relevant websites. Data were collected through observation and documentation, and analyzed qualitatively to draw conclusions. The findings indicate that: 1) The procedure for motorcycle credit transfer is permissible under the Civil Code, provided that the essential elements and conditions of the agreement are fulfilled and mutually agreed upon by the debtor and creditor; 2) Under KHES, such credit transfer is also allowed, as long as it complies with the requirements of hiwalah, including legal capacity (ahliyyah), sound mind, and tamyiz (discernment); 3) Both legal systems share similarities in requiring the parties involved in the contract—muhiil (the original debtor), muhal (the creditor), and muhal ‘alaih (the new debtor)—to be legally competent, mentally sound, and to express a valid offer and acceptance (ijab-qabul). The main difference lies in the age requirement for legal capacity: the Civil Code sets it at 21 years, whereas KHES recognizes legal capacity from the age of 18.

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