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All Journal Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) IIJSE
Fatimah Zahara
Universitas Islam Negeri Sumatera Utara, Medan, Indonesia
Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

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Settlement of Contract Defaults Istishna’ on Convection Services Perspective Fatwa DSN-MUI No.06/DSN-MUI /IV/2000 in North Aceh Regency Nuratun Hadania; Fatimah Zahara
Indonesian Interdisciplinary Journal of Sharia Economics (IIJSE) Vol 6 No 3 (2023): Sharia Economic: November, 2023
Publisher : Sharia Economics Department Universitas KH. Abdul Chalim, Mojokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31538/iijse.v6i3.4012

Abstract

Along with the times, the convection business in North Aceh Regency has also experienced rapid development. The demand for convection services, especially in clothing manufacturing, is increasing along with the development of the local fashion industry. However, with the rapid development of business, the problem of default of Istishna’s contract is also increasingly frequent. Efforts to resolve problems applied by convection due to defaults that arise in Istishna’ contracts are important to maintain buyer trust and maintain the reputation of the convection business. In addition, the settlement must be in accordance with religious values and applicable law. Based on this, the settlement of defaults that occur must refer to the fatwa from the National Sharia Council (DSN) of the Indonesian Ulema Council (MUI) NO. 06 / DSN-MUI / IV / 2000 concerning the sale and purchase of Istishna’. This study aims to determine the forms of Default of Istishna contract that occur in convection services in North Aceh Regency and to determine the Default Settlement of Istishna contract applied to Convection Services in North Aceh Regency according to the perspective of fatwa DSN-MUI No.06 / DSN-MUI / IV / 2000. The research method used is a qualitative method with a case study approach and uses descriptive analysis. This study concludes that the chosen default resolution prioritizes deliberation as a way to find appropriate and fair solutions. Negotiated or familial dispute resolution between the buyer and the convection party is also highly recommended in Islam and is in accordance with the fatwa DSN-MUI No.06 / DSN-MUI / IV / 2000 which regulates the sale and purchase of Istishna’.
Ganti Rugi Penadah Sawit Hasil Curian Terhadap Petani Kelapa Sawit Perspektif Wahbah Az-Zuhaili (Studi Kasus Desa Sei Rakyat Kecamatan Panai Tengah Kabupaten Labuhanbatu) Ibnu Qudama; Fatimah Zahara
Jurnal Ilmu Hukum, Humaniora dan Politik Vol. 4 No. 5 (2024): (JIHHP) Jurnal Ilmu Hukum, Humaniora dan Politik (Juli - Agustus 2024)
Publisher : Dinasti Review Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jihhp.v4i5.2314

Abstract

The importance of this research can be seen from the perspective of Wahbah Az-Zuhaili who emphasizes justice and moral values ??in Islamic law. By integrating Az-Zuhaili's views as study material, this research can provide a holistic evaluation of oil palm harvesting practices. A qualitative approach in this research was used to gain an in-depth understanding of the practice of handling stolen palm oil and its impact on farmers in Sei Rakyat Village. By applying a qualitative approach to explore the practice of handling stolen palm oil and its impact on farmers in Sei Rakyat Village. Through in-depth interviews, participant observation, and document analysis, this research succeeded in providing an in-depth understanding of this phenomenon. The principle of compensation is that if you damage other people's property and the like, whether it is destroying objects, stealing or confiscating property from someone, you must return it with the same or similar item as long as the item is still there. If the item is difficult to find, you can replace it in the form of money in accordance with nominal loss figure. Wahbah Az-Zuhaili emphasized the need to resolve compensation actions through mutual consent and agreement between the parties involved, referring to the principles of consensual commerce. The results of this research state that oil palm farmers should compensate for losses in a similar form to the compensation requested by oil palm farmers.
The Relevance of Maqashid Syari'ah in Determining the Age Limit for Marriage: A Study of the Implementation of Law No. 16 Years 2019 Syahputri Hutabarat; Imam` Yazid; Fatimah Zahara
Indonesian Interdisciplinary Journal of Sharia Economics (IIJSE) Vol 8 No 1 (2025): Sharia Economics
Publisher : Universitas KH. Abdul Chalim Mojokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31538/iijse.v8i1.6510

Abstract

Determination of the marriage age limit through Law No. 16 of 2019 reflects progressive steps in protecting children's rights and preventing the negative impacts of early marriage. This study aims to analyze the relevance of maqashid sharia in supporting this policy, especially in maintaining the five main principles: protection of religion (hifz al-din), soul (hifz al-nafs), reason (hifz al-'aql), descendants (hifz al-nasl), and property (hifz al-mal). With a normative approach and qualitative analysis of Islamic legal literature and related legal documents, this research reveals that a higher marriage age limit is in line with the Sharia goal of ensuring the welfare of individuals and society. Apart from that, the implementation of Law No. 16 of 2019 is faced with challenges, such as cultural resistance and lack of legal awareness, which require educational strategies and strengthening regulations. This study provides practical recommendations for policy makers to align maqashid sharia with the implementation of the law, to support quality and sustainable family development.
Co-Authors Ibnu Qudama Imam` Yazid Nuratun Hadania Syahputri Hutabarat