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Chamim Thohari, Chamim
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Jual Beli on line (E-Commerce) ditinjau dari Perspektif Hukum Islam Wakhidah, Wakhidah; Thohari, Chamim
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 2 No 2 (2018)
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v2i2.2478

Abstract

AbstrakE-Commerce has a new phenomenon in a trading transation that done by a modern society. Because it’s a new model of transaction, so the istrution law from the moslem scholars has been not founded in any classic fiqh books. Based on the reality, the ulama must to discover its law in Islam pass through ijtihad. The problems which it will be answered pass through this research limited to the following questions: (1) How is implementation of e-commerce? (2) How is implementation of e-commerce perspective of Islamic law? This research is a library research with a normative law research model. It is a research model which purposed to know the relation between arrangements of law and the law norms or the law principels. This research also using comparative approach to seek suitability between the law of e-commerce and fiqh legal maxim. The results of the research there are: (1) The implementation of e-commerce can be explained that consumers choose items to be purchased from the seller's website, then consumers transfer a number of prices to the seller's account and finally the seller sends goods to consumers (2) Based on the fiqh legal maxim, e-commerce is permitted as long as not found some forbidden elements by Islamic law which it incontrary with the Islamic muamalah principels.               The conclusion is the implementation of online buying and selling can be explained that consumers choose items to be purchased from the seller's website, then consumers transfer a number of prices to the seller's account and finally the seller sends goods to consumers. As for the review of Islamic law on online buying and selling is permissible as long as there are no elements that are prohibited in Islamic shari'ah which can forbid it and not contradict the principles of muamalah. Keywords: E-Commerce, Islamic Law, Fiqh Legal Maxim, Fiqh Muamalah.
STUDI KOMPERATIF ANTARA PENDAPAT IMAM SYAFI’I DAN IMAM MALIKTENTANG PENGAMBILAN BUAH POHON PADA BARANG GADAI TANAH (Studi di Kecamatan Guluk-guluk Kab. Sumenep) Mondzir, Mondzir; Thohari, Chamim
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 4 No 1 (2020)
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v4i1.5228

Abstract

ABSTRACT        This study entitled "a comparative study of Imam Syafi'i and Imam Malik's opinion on Taking Fruit Trees on Land Pawn Goods (Case Study in Guluk-guluk District, Sumenep Regency). The pawning party generally gives the pawn party the land with the fruit of the tree to the pawn recipient and must give the fruit of the tree to the pawn recipient until the pawner pays the debt.       The research method used in this study is the field research method (Case Study) also intended to study intensively about the background of the current situation, as well as the specific social unit environmental interactions that are (given).       The results of this study regarding the taking of fruit trees on earthly pawned goods carried out by the Guluk-guluk District community according to Imam Syafi'i the fruit of the tree is not part of the pawning goods (marhun bih) but the fruit is the property of the mortgaged person (ar-Raahin ). Meanwhile, according to Imam Malik, the law is permissible if it is used as a pawn condition. Key Words : ar-Rahn, ar-Rahin, al-Murtahin, al-Marhun, al-Marhun bih.