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All Journal International Journal of Educational Review, Law And Social Sciences (IJERLAS) Al Itmamiy: Jurnal Hukum Ekonomi Syariah
Suparman Suparman
Universitas Jember
Religion Humanities Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

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CHARACTERISTICS OF ONLINE FOOD DELIVERY SERVICES BASED ON AL-‘UQŪD AL-MURAKKABAH Suparman Suparman; Dyah Ochtorina Susanti; Moh. Ali; Ahmad Tholabi
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 5 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i6.3975

Abstract

This research is based on the fact that injustice is experienced by motorcycle drivers working as couriers for online food delivery (OFD) services. Restaurants and OFD drivers hold very weak positions and are exploited by OFD companies through mechanisms such as the rating system, fake orders, and unfair profit sharing. In this study, the author aims to explore the characteristics of al-‘uqūd al-murakkabah (composite contracts) in online food delivery services. Several characteristics of OFD services based on al-‘uqūd al-murakkabah found in this research are as follows: 1) The contract subjects are the consumers and the service providers, 2) The three service providers are united in a syirkah abdān (partnership of labor), 3) The involved contracts include syirkah abdān, sales (bayʿ), agency (wakālah), and lease (ijārah), 4) Profit distribution is conducted through a revenue-sharing system.
Menggugat Konsensus (Ijma') Keharaman Bunga Bank Suparman Suparman; Suwardi Suwardi; Saini Saini
Al Itmamiy Jurnal Hukum Ekonomi Syariah (Muamalah) Vol. 6 No. 1 (2024): Al Itmamiy : Jurnal Hukum Ekonomi Syariah
Publisher : LP3M INSTITUT KH YAZID KARIMULLAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/ai.v6i1.880

Abstract

One of the Islamic economic discourses that is often claimed to be the consensus of scholars (ijma') is the prohibition of bank interest, as evidenced by several statements and writings of contemporary Islamic economic experts. However, it is also a fact that there are many differing opinions among scholars regarding the law on bank interest. This raises several questions: Is the claim of ijma' on the prohibition of bank interest in accordance with the theory of ushul fiqh? Can it be considered ijma' when some scholars have different opinions? These questions can only be answered through an ushul fiqh approach by researching and understanding the normative study on the concept of ijma', which is extensively explained in ushul fiqh books. The conclusion derived from this study is that the ijma' on the prohibition of bank interest does not align with the principles of ushul fiqh. Therefore, it is more prudent not to dismiss the opinions of some scholars who justify bank interest. In other words, we can say that the prohibition of bank interest is the opinion of the majority of scholars, but it is not an ijma' as many people believe.
Co-Authors Ahmad Tholabi Dyah Ochtorina Susanti Moh. Ali Saini Suwardi Suwardi