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All Journal JURISTA : Jurnal Hukum dan Keadilan Al-Mudharabah Al Fuadiy: Jurnal Hukum Keluarga Islam
Shabarullah
Universitas Islam Negeri Ar-Raniry Banda Aceh
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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RISK COVERAGE FINES FOR MURABAHA FINANCING AT PT. FEDERAL INTERNATIONAL FINANCE BANDA ACEH BRANCH Safira Mustaqilla; Miftahul Jannah; Shabarullah
JURISTA: Jurnal Hukum dan Keadilan Vol. 3 No. 2 (2019): JURISTA: Jurnal Hukum dan Keadilan
Publisher : Centre for Adat and Legal Studies of Aceh Province (CeFALSAP)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.1234/jurista.v3i2.34

Abstract

This article aims to examine the concept of fines on credit financing using the Murabahan contract at PT Federal International Finance Banda Aceh Branch, Indonesia. The research approach used is conceptual and legislative approach, the type of research used is normative juridical. The results showed that the basis for determining the penalty imposed by PT FIF based on fatwa NO.17/DSN-MUI/IX/2000 is because the debtor is able to make payments but delays payment, this aims to deter the debtor in default. Then from its practice in taking profits it does not use interest but PT FIF tells the amount of profit margin obtained by PT FIF as the financing party, the amount of margin in this case has certainly been agreed by both parties in the agreement, but the fine at PT FIF has been applied at the beginning of the contract which makes the fine haram because it does not meet the requirements of the scholars' opinions in Fiqh Muamalah that fines cannot be required at the beginning of the contract.
PENERAPAN SISTEM PENGELOLAAN RESORT DI KOTA SABANG MENURUT AKAD JI`ALAH: STUDI KASUS THE HAWKS NEST RESORT SABANG Naufal Ramadhana; Shabarullah
Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah Vol 5 No 1 (2024): Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah
Publisher : Prodi Hukum Ekonomi Syariah, Fakultas Syariah dan Hukum, UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/al-mudharabah.v5i1.4581

Abstract

This article aims to examine the application of sister resort management in Sabang City according to Akad Ji`alah. The type of research used is qualitative with an empirical juridical approach. Primary data obtained by the author from interviews with the parties concerned and a number of applicable laws and regulations, as well as secondary data that the author gets from the results of research related to this research. The results of the study prove that the application of the resort management system in Sabang City which is here at The Hawk Nest Resort Sabang, namely the application that occurs at The Hawks Nest Resort Sabang City, the owner of the resort here is also the party that submits all the capital and the type of business as well as the location of the business. While the manager only continues the business. At the beginning of the agreement that was carried out was that the resort manager only operated The Hawks Nest Resort Sabang City and later received wages for the work done. In Islam, this kind of practice is called wages. Therefore, the initial agreement between the resort owner and the resort manager did not work properly, resulting in non-compliance with the promised contract. Suggestions for the practice of applying the management system to The Hawk Nest Resort Sabang so that in the future management can be carried out clearly and with Islamic law so as not to cause disputes between parties.
Pertimbangan Hakim dalam Penyelesaian Perceraian akibat Perselisihan dalam Keluarga di Mahkamah Syar’iyyah Kota Banda Aceh Tahun 2022-2024 khairuzzazi; Alimuddin; Shabarullah
Al Fuadiy Jurnal Hukum Keluarga Islam Vol. 7 No. 2 (2025): July-December, Al Fuadiy : Journal of Islamic Family Law
Publisher : LP3M INSTITUT KH YAZID KARIMULLAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/af.v7i2.1672

Abstract

Divorce is considered the last resort when marriage can no longer achieve its purpose of establishing sakinah, mawaddah, and rahmah due to prolonged disputes. This study aims to examine and analyze the judicial considerations of the judges at Mahkamah Syar’iyah Banda Aceh in deciding divorce cases caused by family conflicts, as well as to identify the legal foundations underlying these rulings. This research employs a qualitative method with a juridical-normative approach, using three divorce rulings as samples, namely Decision Number 1/Pdt.G/2022/MS.Bna, Decision Number 71/Pdt.G/2023/MS.Bna, and Decision Number 345/Pdt.G/2024/MS.Bna. Primary data were obtained from official court rulings, while secondary data were derived from legal literature and statutory regulations. The findings reveal that the judges’ considerations are based on two main points: the breakdown of the household due to continuous disputes and failed reconciliation efforts, and the inability of spouses to fulfill their marital rights and obligations. Divorce is deemed valid when maintaining the marriage would result in greater harm. The legal basis applied includes Law No. 1 of 1974, Government Regulation No. 9 of 1975, the Compilation of Islamic Law, jurisprudence, and Islamic legal principles. Thus, divorce is viewed as a legal measure to prevent greater harm to the parties involved.
Co-Authors Alimuddin khairuzzazi Naufal Ramadhana Safira Mustaqilla Solly Aryza