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All Journal Justisia Ekonomika Khazanah Hukum
Abdul Mughits
Universitas Islam Negeri Sunan Kalijaga Yogyakarta
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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akad mudharabah musytarakah dalam asuransi syariah Bayu Daffa Sumaila; Abdul Mughits
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 6 No 1 (2022): Juni 2022
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v6i1.12482

Abstract

This article is a literature research and the data source used in this research is premier data which is the Al-Quran, Hadith and Positive Law in Indonesia. And secondary data are journals and also books and websites related to insurance and Islamic financial institutions. The analysis used in this research is qualitative-descriptive and the results of this study are the implementation of the mudharabah musytarakah contract is not too familiar among the community so that there are still obstacles in the implementation of insurance services. In addition, Mudharabah Musytaraka is also often used by financial institutions in the banking sector. Mudrabah musytarakah contract is a merger agreement made by the MUI through the Sharia Council Fatwa No. 51/DSN-MUI/III/2006. And also its implementation must be in accordance with Islamic principles.Keywords: Mudharabah Musytarakah, Insurance Services
Ownership Ambiguity: A Study of Compensation for Crop Damage in Coconut Pawn Transactions in Islamic and Customary Law Farida Arianti; Silvianetri Silvianetri; Akmal Bashori; Iza Hanifuddin; Abdul Mughits; Maisarah Leli
Khazanah Hukum Vol. 7 No. 3 (2025): Khazanah Hukum
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v7i3.43793

Abstract

Control of the pawned coconut object over the damaged plants around the pawned object. The pawnbroker demands compensation for the damage to his plants around the pawned coconut tree. The purpose of this study is to examine how the control of the parties who carry out plant pawn transactions is exercised and how the legal responsibility is when damage occurs to the plants around the collateral object. This type of research is in the form of field research in the Lima Kaum Batusangkar area of ​​Indonesia. This study is descriptive qualitative with a case study approach. Primary sources from both parties who carry out the coconut tree pawn agreement. Secondary sources from the local community. Data collection techniques through in-depth interviews and observations. Analysis techniques with qualitative descriptive analysis. Findings from the field show that the pawnbroker still has power over the land where the coconut grows and plants young plants in the form of cayenne pepper around the area, while the pawn recipient also has power over the coconut fruit that has been pawned to him. This study concludes that compensation for damaged plants cannot be justified according to Custom, because the cayenne pepper plants prevent the pawn recipient from taking the fruit, in line with the pawn recipient's power, which includes the boundaries of the coconut tree land attached to immovable objects (land). According to Islamic jurisprudence, this is a naqish (limited time) property right, only one of which is owned (material or benefit).
Co-Authors Akmal Bashori Bayu Daffa Sumaila Farida Arianti Iza Hanifuddin Maisarah Leli Silvianetri Silvianetri