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All Journal Muqaranah Al-Intaj : Jurnal Ekonomi dan Perbankan Syariah
Efrinaldi Efrinaldi
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Religion Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Maslahah Perspective on Husband Nusyuz in Islamic Law and Positive Law In Indonesia Jayusman Jayusman; Shafra Shafra; Rahmat Hidayat; Efrinaldi Efrinaldi; Badarudin Badarudin
Muqaranah Vol 6 No 1 (2022): Muqaranah
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/muqaranah.v6i1.11164

Abstract

Abstract: The Qur'an reviews the husband's nusyuz as contained in the letter an-Nisa/4 verse 128. The jurisprudence and positive law literature in Indonesia do not specifically discuss the husband's nusyuz. The discussion is only limited to the wife's nusyuz. This study focuses on the analysis of the husband's maslahah nusyuz in Islamic law and positive law. The conclusions of this study are: Nusyuz’s husband is not fulfilling the rights of the wife or not carrying out the obligations of the husband. The discourse on Islamic law and positive law only focuses on discussing the wife's nusyuz. Nusyuz's husband was resolved in a familial way. If it is considered to bring benefit to both of them, then they can return to living their domestic life. However, if reuniting them does not bring any benefit, then they can file for divorce.
siklus Kontrak Bursa Komoditas Dalam Presfektif Hukum Ekonomi Islam Efrinaldi Efrinaldi
Al-Intaj : Jurnal Ekonomi dan Perbankan Syariah Vol 2, No 1 (2016)
Publisher : Faculty of Economics and Islamic Business, UIN Fatmawati Sukarno Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/aij.v2i1.1109

Abstract

In futures trading the cycle of contract and types of transactions appear as a pure trade, which reduces the risk to make a profit from the difference between buy-sell, as a result of price fluctuations on the commodity being traded. Price fluctuations are predictable and the transaction begins with an analysis, while risk can be protected. Cycle contracts and the types of transactions in goods that are physical and on the spot market can be tolerated in Islamic economic law. The types of trade (al-tijarah) has been set in Personality ‘, because it forms the transaction on the spot market which has also been tolerated in the time of Prophet Muhammad. Spot market, such as transactions in agricultural products, livestock, minerals, handicrafts, industry, and others. While transactions in services that are non-physical, eg lease (al-Ijara) and wage-hired. While the trade object is basically objects that have economic value to the availability of goods during the transactions. In a review of Islam, this also applies to goods that are not available or without presenting the goods when the transaction, with the provision that ordered the concrete object properties. With concern to ba’i assalam or trading for non exist commodities, in the study of economic law of Islam, depending on the seller’s effective control and ability to deliver. Because no protection for the value of goods traded, and the protection of consumer interests from losses and no disappointments at a later date.
Co-Authors Badarudin Badarudin Jayusman Jayusman Rahmat Hidayat Shafra Shafra