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All Journal Ulul Albab: Jurnal Studi Islam DE JURE JURISDICTIE Jurnal Hukum dan Syariah SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam AT-TURAS: Jurnal Studi Keislaman
Iffaty Nasyiah
UIN Maulana Malik Ibrahim Malang
Religion Arts Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : DE JURE

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PRINSIP KEADILAN DAN KESEIMBANGAN DALAM PENENTUAN NILAI TUKAR BARANG (HARGA) PERSPEKTIF ISLAM DAN HUKUM PERLINDUNGAN KONSUMEN Nasyiah, Iffaty
De Jure: Jurnal Hukum dan Syari'ah Vol 6, No 2: Desember 2014
Publisher : Fakultas Syariah

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (564.695 KB) | DOI: 10.18860/j-fsh.v6i2.3205

Abstract

The Law No. 8 of 1999 about Consumer Protection Article 4 letter b said that one of consumer rights, namely the right to select and obtain goods in accordance with the exchange rate. Not found in authentic explanation regarding this exchange rate, if the exchange rate is the exchange rate that is in accordance with the agreement between the seller and the buyer, or in accordance with the production values or the exchange rate that corresponds to the price market, this then raises the question of free interpretation among the businessmen that the exchange rate is determined only by the desire of businessmen and weighing of benefits desired by businesses alone, so that entrepreneurs are allowed to set the exchange rate goods many times from the value of its production. In Islamic law is not found the rules regarding the determination of the limits of this exchange rate, but Islam is a tolerant religion, including in determining the exchange rate as the words of the Prophet Muhammad: "May Allah have mercy to a tolerant person (easy) when it sells, tolerant when buying, tolerant when fulfilling the obligation and tolerant when claiming its rights”. (HR. Bukhari from Jabir)
Urgency of Fatwa on Domestic Psychological Violence in Indonesia as an Effort to Protect Women's Rights Nasyiah, Iffaty
De Jure: Jurnal Hukum dan Syari'ah Vol 16, No 1 (2024)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v16i1.26403

Abstract

One that requires a fatwa is domestic psychical violence, which has different interpretations in the two legal systems. The purpose of this study is to analyze the urgency of forming a fatwa regarding psychical violence so that it has clarity on norms that must be guided for Indonesian Muslims This research is juridical-normative research with a conceptual and comparative approach. The results show that the urgency of forming fatwa regarding domestic psychical violence is related to 1. harmonisation between positive law and Islamic law regarding the concept of psychical violence; 2. fatwas have social power and can provide legitimacy and serve as the juridical basis for law enforcement; and 3. In terms of the fatwa of psychical violence as a source of material law, fatwa can be used as a source of material law in constructing a law. Fatwas can provide a solid basis for policymakers and legislators in drafting more formal regulations. This research can be used as discourse material regarding the importance of fatwa on psychical violence in the household. Research can be done by sharpening the differences in interpretation between Islamic law, positive law and customary law.
Co-Authors Burhanuddin Susamto Dwi Hidayatul Firdaus, Dwi Hidayatul Khoirul Hidayah M. Aunul Hakim Ramadhita Ramadhita Risma Nur Arifah Suwandi Suwandi