Articles
<![CDATA[Kewenangan Pemerintah Menerapkan Sanksi terhadap Pelaku Distorsi Pasar Berdasar Maqasid al-Syari'ah ]]>
<![CDATA[Jabbar Jabbar]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol 11 No 2 (2017) ]]>
Publisher : <![CDATA[Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (455.731 KB)
|
DOI: 10.24090/mnh.v11i2.1296
<![CDATA[The act of speculators distorting the market is quite unsettling. However, the Sharia texts show that this problem can be resolved using moral or akhlÄqÄ«. Then the question is whether the present government can overcome it by using qadÄ'Ä«e imposing sanctions for distortion. Since the nature of Sharia is the universal and eternal, this issue must be answered comprehensively and holistically. For that reason, the maqÄsid approach is operated with istislÄhiyyah method. This method is also referred to as al-ijtihÄd al-maqÄs}idÄ« which is done in two stages, namely takhrÄ«j al-manÄt and tahqÄ«q al-manÄt. It is believed that this method is quite relevant to answer two research questions. Firstly, how is maqÄs}id al-syar'ah in terms of market distortion? Secondly, does the government in syar'i be authorized to impose sanctions on the perpetrators of market distortion? The theory used to highlight this issue is the theory of al-wÄzi' put forward by Ibn ‘ĀsyÅ«r. This conclu that the Sharia wants the circulation of goods in the market run smoothly. To that end, the government may impose sanctions if the distortion is done to the basic goods that can affect massively harm.]]>
<![CDATA[Kedudukan Walimatul ‘Urs Dalam Masyarakat Aneuk Jamee Dari Perspektif MaqÄá¹£id Syariʽah ]]>
<![CDATA[Jabbar Sabil]]>;
<![CDATA[Azka Amalia Jihad]]>;
<![CDATA[Cut Putri Yulyana Mahendra]]>
<![CDATA[ El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol 1 No 2 (2021): El-Hadhanah: Indonesian Journal Of Family Law And Islamic Law ]]>
Publisher : <![CDATA[Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (732.773 KB)
|
DOI: 10.22373/hadhanah.v1i2.1621
<![CDATA[Walimatul'urs is a recommendation in Islam. Walimatul 'urs aims as syi'ar and becomes a sunnah muakadah. In the Aneuk Jamee community, the traditional walimah has several series of customs running for seven days, thus many costs must be incurred during the implementation of this waimah. So that many people who have walimah choose to go into debt when they are going to have walimah. Walimah is considered important and has its own position for the Aneuk Jamee community. With this assumption, it is not uncommon to find that they are willing to borrow for the sake of carrying out walimah. In this study, the main problem in this study is how the practice of walimah 'urs in the aneuk jamee community and how the practice of walimatul 'urs in the aneuk jamee community from the perspective of maqÄá¹£id shariah. The data obtained by the authors were obtained from observations and interviews with the community and related traditional leaders. From the results of the research, many of the Aneuk Jamee community carry out walimah beyond their ability, with the seven-day traditional series that costs a lot so that debt is the best way for the implementation of walimah. Walimatul 'urs in the perspective of maqÄá¹£id shari'ah, if it is difficult then it is not in accordance with maqÄid shari'ah because in the context of maintaining the inheritance of marriage it should not be forced so that debt can cause harm to debtors whose purpose is to maintain existence in the community so that it causes redundancy.]]>
<![CDATA[OBJECT CONTROL OF GOLD INSTALLMENT SALE AND PURCHASE TRANSACTIONS IN BUKALAPAK IN THE PERSPECTIVE OF LIL AMRI BISY SYIRA’ MURABAHAH CONTRACT ]]>
<![CDATA[Jabbar Sabil]]>;
<![CDATA[Wirda Munira]]>
<![CDATA[ Al-Iqtishadiah: Jurnal Hukum Ekonomi Syariah Vol 3 No 2 (2022): Jurnal Al-Iqtishadiah ]]>
Publisher : <![CDATA[Program Studi Hukum Ekonomi Syariah Fakultas Syariah dan Hukum UIN Ar-Raniry ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (327.591 KB)
|
DOI: 10.22373/iqtishadiah.v3i2.2373
<![CDATA[Bukalapak presents gold buying and selling transactions online through the Buka Emas feature. The author is interested in studying the control of the object of sale and purchase from the perspective of a murabahah lil amr lisy syira’ cotntract. The formulation of the problem: 1) how is the control over the object in buying and selling gold in installments at Bukalapak? 2) what is the perspective of the murabahah lil amr bisy syira’ contract on the non-cash buying and selling of gold at Bukalapak? The research method used is a case study, data obtained through field research. It was found that the object of sale and purchase was not given to users who bought gold, on the grounds of avoiding potential losses between the two parties. However, users can monitor the details of the installments submitted from the installment info page. This has the potential to cause fraud and default, so it is recommended that related parties and Bukalapak can guarantee that the item is available and can be owned.]]>
<![CDATA[KERANCUAN PARADIGMA DALAM PENELITIAN HUKUM EMPIRIS (ANALISIS MATRIKS DISIPLINER MENURUT AULIS AARNIO) ]]>
<![CDATA[Jabbar Sabil]]>
<![CDATA[ Mimbar Hukum Vol 35 No 1 (2023): Mimbar Hukum ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Gadjah Mada ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.22146/mh.v35i1.5284
<![CDATA[Abstract Legal scientists state that there is a paradigm shift in legal research. Anomalies arise when researchers apply reflective thinking to middle-order theories of legal scholarship. In this case, the legal paradigm could be fallen by a paradigm that comes from outside the legal sciences. The lack of understanding of the concepts that still apply in legal science is the cause of the chaos of the legal research paradigm. This problem is studied using philosophy as an approach and a method. This paper concludes that legal research can develop a paradigm if it focuses on hermeneutical interpretation. As for the social research method, it is limited as a tool to reveal facts only. Abstrak Ahli hukum menyatakan adanya pergulatan paradigma dalam penelitian hukum. Anomali muncul manakala peneliti menerapkan pemikiran reflektif terhadap teori orde tengah keilmuan hukum. Dalam hal ini, paradigma hukum bisa diruntuhkan oleh paradigma dari luar keilmuan hukum. Ketidakpahaman terhadap konsep-konsep yang berlaku tetap dalam keilmuan hukum menjadi sebab kekacauan paradigma penelitian hukum. Masalah ini dikaji dengan menggunakan filsafat sebagai pendekatan dan juga metode. Tulisan ini sampai pada simpulan bahwa penelitian hukum dapat mengembangkan paradigma jika fokus pada interpretasi hermeneutika. Adapun metode penelitian sosial, dibatasi sebagai alat untuk mengungkap fakta semata.]]>
<![CDATA[MAQASID SYARIAH REVIEW OF KOTA BANDA ACEH QANUN NUMBER 3 OF 2021 CONCERNING PARKING SERVICE FEES ON THE EDGE OF PUBLIC ROADS ]]>
<![CDATA[Muhammad Yudi Akbar]]>;
<![CDATA[Jabbar Sabil]]>
<![CDATA[ Al-Iqtishadiah: Jurnal Hukum Ekonomi Syariah Vol 4 No 1 (2023): Jurnal Al-Iqtishadiah ]]>
Publisher : <![CDATA[Program Studi Hukum Ekonomi Syariah Fakultas Syariah dan Hukum UIN Ar-Raniry ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.22373/iqtishadiah.v4i1.2926
<![CDATA[Based on Qanun Number 3 of 2021, The Kota Banda Aceh Government set new tariffs at several locations to increase local revenue. This qanun inspired the writer to examine the policy based on the maqÄá¹£id al-syarÄ«'ah review. This study is a normative legal research that uses maqÄá¹£id as its approach. The author performs tarjih maslahat through four steps to test the validity of maqÄá¹£id al-khalq. This study found that the Kota Banda Aceh Government has not improved the management of parking fees, so local revenue is not optimal. From the perspective of maqÄá¹£id al-syarī‘ah, if optimizing parking management is not carried out first, then the rate increase is tertiary (al-maqÄá¹£id al-taḥsÄ«niyyÄt). Based on the analysis of tarjih maslahat, the tertiary benefits should not undermine secondary benefits. In addition, the new parking rate policy has more dominant mafsadat effects than maslahat because management has not optimally prevented fraud. This study concluded that resisting damage is more important than realizing benefits. Thus, in this policy, there is a conflict between maqÄá¹£id al-khalq and maqÄá¹£id al-syarÄ«'ah.]]>
<![CDATA[Kedudukan Walimatul ‘Urs Dalam Masyarakat Aneuk Jamee Dari Perspektif Maqāṣid Syariʽah ]]>
<![CDATA[Jabbar Sabil]]>;
<![CDATA[Azka Amalia Jihad]]>;
<![CDATA[Cut Putri Yulyana Mahendra]]>
<![CDATA[ El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol 1 No 2 (2021): El-Hadhanah: Indonesian Journal Of Family Law And Islamic Law ]]>
Publisher : <![CDATA[Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.22373/hadhanah.v1i2.1621
<![CDATA[Walimatul'urs is a recommendation in Islam. Walimatul 'urs aims as syi'ar and becomes a sunnah muakadah. In the Aneuk Jamee community, the traditional walimah has several series of customs running for seven days, thus many costs must be incurred during the implementation of this waimah. So that many people who have walimah choose to go into debt when they are going to have walimah. Walimah is considered important and has its own position for the Aneuk Jamee community. With this assumption, it is not uncommon to find that they are willing to borrow for the sake of carrying out walimah. In this study, the main problem in this study is how the practice of walimah 'urs in the aneuk jamee community and how the practice of walimatul 'urs in the aneuk jamee community from the perspective of maqāṣid shariah. The data obtained by the authors were obtained from observations and interviews with the community and related traditional leaders. From the results of the research, many of the Aneuk Jamee community carry out walimah beyond their ability, with the seven-day traditional series that costs a lot so that debt is the best way for the implementation of walimah. Walimatul 'urs in the perspective of maqāṣid shari'ah, if it is difficult then it is not in accordance with maqāid shari'ah because in the context of maintaining the inheritance of marriage it should not be forced so that debt can cause harm to debtors whose purpose is to maintain existence in the community so that it causes redundancy.]]>
<![CDATA[Fiqh and Siyasa Model of Integration: A Study of The Constitution of The Sultanate of Aceh Darussalam ]]>
<![CDATA[Jabbar Sabil]]>
<![CDATA[ Legitimasi: Jurnal Hukum Pidana dan Politik Hukum Vol 13, No 1 (2024) ]]>
Publisher : <![CDATA[Islamic Criminal Law Department, Faculty of Sharia and Law, UIN Ar-Raniry ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.22373/legitimasi.v13i1.23379
<![CDATA[Fiqh is an abstract concept not bound to a particular case in space and time, so it becomes universal. Through a legal decision, the judiciary applies Fiqh to one of the cases in particular. It shows that Fiqh implementation requires other legal instruments, such as the judiciary. The implementation aspect of Fiqh is an object study for Siyasa Sharia, so Fiqh and Siyasa had to moderate and integrate into the law system. This paper examines the moderation of Fiqh and Siyasa in the Aceh Darussalam Sultanate and their integration into the legal system. This study is normative legal research that uses a historical approach. The data source for this research is primary legal material in the form of the constitutional text of the Sultanate of Aceh Darussalam, namely Adat Meukuta Alam, and other supporting texts. This study found that the constitution of the Aceh Darussalam Sultanate drew on moderate Fiqh and Siyasa. The results of this study conclude that Fiqh and Siyasa were integrating into a legal system that complements one another]]>
<![CDATA[OBJECT CONTROL OF GOLD INSTALLMENT SALE AND PURCHASE TRANSACTIONS IN BUKALAPAK IN THE PERSPECTIVE OF LIL AMRI BISY SYIRA’ MURABAHAH CONTRACT: Study of Buka Emas Features in the Bukalapak Application ]]>
<![CDATA[Sabil, Jabbar]]>;
<![CDATA[Munira, Wirda]]>
<![CDATA[ Al-Iqtishadiah: Jurnal Hukum Ekonomi Syariah Vol. 3 No. 2 (2022): Al-Iqtishadiah: Jurnal Hukum Ekonomi Syariah ]]>
Publisher : <![CDATA[Program Studi Hukum Ekonomi Syariah Fakultas Syariah dan Hukum UIN Ar-Raniry ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.22373/iqtishadiah.v3i2.2373
<![CDATA[Bukalapak presents gold buying and selling transactions online through the Buka Emas feature. The author is interested in studying the control of the object of sale and purchase from the perspective of a murabahah lil amr lisy syira’ cotntract. The formulation of the problem: 1) how is the control over the object in buying and selling gold in installments at Bukalapak? 2) what is the perspective of the murabahah lil amr bisy syira’ contract on the non-cash buying and selling of gold at Bukalapak? The research method used is a case study, data obtained through field research. It was found that the object of sale and purchase was not given to users who bought gold, on the grounds of avoiding potential losses between the two parties. However, users can monitor the details of the installments submitted from the installment info page. This has the potential to cause fraud and default, so it is recommended that related parties and Bukalapak can guarantee that the item is available and can be owned.]]>
<![CDATA[MAQASID SYARIAH REVIEW OF KOTA BANDA ACEH QANUN NUMBER 3 OF 2021 CONCERNING PARKING SERVICE FEES ON THE EDGE OF PUBLIC ROADS: Maqasid Syariah Review ]]>
<![CDATA[Yudi Akbar, Muhammad]]>;
<![CDATA[Sabil, Jabbar]]>
<![CDATA[ Al-Iqtishadiah: Jurnal Hukum Ekonomi Syariah Vol. 4 No. 1 (2023): Al-Iqtishadiah: Jurnal Hukum Ekonomi Syariah ]]>
Publisher : <![CDATA[Program Studi Hukum Ekonomi Syariah Fakultas Syariah dan Hukum UIN Ar-Raniry ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.22373/iqtishadiah.v4i1.2926
<![CDATA[Based on Qanun Number 3 of 2021, The Kota Banda Aceh Government set new tariffs at several locations to increase local revenue. This qanun inspired the writer to examine the policy based on the maqāṣid al-syarī'ah review. This study is a normative legal research that uses maqāṣid as its approach. The author performs tarjih maslahat through four steps to test the validity of maqāṣid al-khalq. This study found that the Kota Banda Aceh Government has not improved the management of parking fees, so local revenue is not optimal. From the perspective of maqāṣid al-syarī‘ah, if optimizing parking management is not carried out first, then the rate increase is tertiary (al-maqāṣid al-taḥsīniyyāt). Based on the analysis of tarjih maslahat, the tertiary benefits should not undermine secondary benefits. In addition, the new parking rate policy has more dominant mafsadat effects than maslahat because management has not optimally prevented fraud. This study concluded that resisting damage is more important than realizing benefits. Thus, in this policy, there is a conflict between maqāṣid al-khalq and maqāṣid al-syarī'ah.]]>
<![CDATA[MAQASID PERSPECTIVE ON THE MEANING OF POVERTY IN LEGAL AID: Study of Poverty as a Threat to Human Security ]]>
<![CDATA[Sabil, Jabbar]]>;
<![CDATA[Muda Rianto, Arief]]>
<![CDATA[ Al-Iqtishadiah: Jurnal Hukum Ekonomi Syariah Vol. 4 No. 2 (2023): Al-Iqtishadiah: Jurnal Hukum Ekonomi Syariah ]]>
Publisher : <![CDATA[Program Studi Hukum Ekonomi Syariah Fakultas Syariah dan Hukum UIN Ar-Raniry ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.22373/iqtishadiah.v4i2.4187
<![CDATA[The government provides legal assistance to poor people in the context of access to justice. Unfortunately, the meaning of poverty in legal aid is often limited to being poor in assets, resulting in partiality that sacrifices the values of justice. This problem inspired the author to research the meaning of poverty in legal aid through a maqasid sharia perspective. The author asks two questions: 1) what is the nature of poverty in legal aid? 2) what is the maqasid Sharia perspective on poverty in legal aid? This research concludes that being poor in legal aid should be interpreted as being poor in spirit (faqīr al-qalb). In dealing with mentally poor people, legal practitioners must have holistic analytical skills and see poverty as part of the social system and legal system. This conclusion supports each other with other sharia maqasid to increase the quantity and quality of legal practitioners.]]>
