Tetty Marlina Tarigan
Universitas Islam Negeri Sumatera Utara, Medan, Indonesia

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Tanggung Jawab Marketplace Terhadap Penjualan E-book Bajakan Perspektif Wahbah Zuhaili: Studi Kasus pada Marketplace Shopee Ade Yusrah Hasanah; Tetty Marlina Tarigan
El-Mal: Jurnal Kajian Ekonomi & Bisnis Islam Vol. 6 No. 2 (2025): El-Mal: Jurnal Kajian Ekonomi & Bisnis Islam
Publisher : Intitut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/elmal.v6i2.7268

Abstract

Sales of pirated e-books are still found today, especially on the Shopee marketplace, which of course harms many parties. This article aims to analyze the form of marketplace responsibility for the sale of pirated e-books on the Shopee marketplace from Wahbah Zuhaili's perspective. This research uses empirical juridical research with a living case studies approach, statute approach and conceptual approach. Data was collected by interviews and document studies, then the data was processed and analyzed using qualitative methods. The results of this research show that Wahbah Zuhaili emphasizes the importance of responsibility in every aspect of muamalah, including for parties involved in buying and selling transactions on the marketplace. Shopee as a marketplace platform has a big responsibility in preventing and cracking down on the sale of pirated e-books. This responsibility includes active supervision of products sold and based on the prohibited goods policy, Shopee has taken firm action against sellers who are proven to be selling pirated e-books, such as deleting products, reducing seller's rights, blocking and suspending seller accounts. Wahbah Zuhaili's view explains that someone's copyright which is then distributed with the intention of making a profit is an injustice, and the pirate should be responsible for providing compensation or royalties to the owner of the work who has sacrificed great effort in preparing his work.
Analisis Liability Protection Nasabah dalam Kasus Malfungsi Aplikasi Mobile Banking Bank Syariah Indonesia Perspektif Imam Abu Hanifah Fadlan Al Mahalli; Tetty Marlina Tarigan
El-Mal: Jurnal Kajian Ekonomi & Bisnis Islam Vol. 6 No. 8 (2025): El-Mal: Jurnal Kajian Ekonomi & Bisnis Islam
Publisher : Intitut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/elmal.v6i8.9691

Abstract

The development of digital banking has presented new challenges in customer protection, especially related to malfunctions in mobile banking applications that have the potential to harm customers. The phenomenon of BSI Mobile system disruptions throughout 2023-2024 shows the urgency of an in-depth study of the liability protection mechanism in accordance with sharia principles. This study aims to analyze the implementation of BSI Mobile customer liability protection from the perspective of Imam Abu Hanifah's thinking. The results of the study indicate that BSI must provide protection for customer identities and contribute to the development of a digital banking customer protection model that is in line with sharia principles. Data were obtained through a documentation study of OJK consumer complaint reports, official BSI documents, and Imam Hanafi's classic literature. The analysis was carried out using the content analysis and comparative analysis methods with three stages: examining the BSI liability protection mechanism, analyzing Imam Abu Hanifah's dhaman concept, and identifying factors for the effectiveness of customer protection. This study uses a normative juridical type taken from library materials and reliable sources related to the research.
Utilizing Marhun Bih Based on Mutual Agreement According to Hanafi Fiqh and Syafi'i Fiqh (Case Study of Pegadaian Syariah Branch AR. Hakim Branch, Medan Area District, Medan City) Muhammad Zulfahri Tambusai; Tetty Marlina Tarigan
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.v8i2.6591

Abstract

The utilization of Rahn collateral in the view of the Shafi'i madhhab and the Hanafi madhhab is very different whereas the Shafi'i madhhab tends to prohibit this implementation because it is feared that there is usury fadhli in its implementation. The Hanafi school of thought carries it out because it considers that this can be done as long as there is permission from the owner of the rahn collateral. This research uses empirical methods and a living case study approach, as well as a conceptual approach. This research took place at Pegadaian Syariah AR Hakim Branch. The results showed that in the provisions of the utilization of collateral, especially. The Shafi'i school of thought puts forward that the use and utilization of Rahn collateral cannot be carried out even with permission. However, according to the Hanafi school, it can be carried out if you get permission from the rahnun at the beginning of the contract. In its relevance in Pegadaian Syari'ah AR Hakim Branch in Medan City itself, the implementation of the utilization of Rahn collateral itself uses the principles of the Hanafi school of thought. Not only that, if you look at the relevance, of the implementation of the utilization of Rahn collateral itself in the community of Medan City, the Hanafi school is more relevant than the Shafi'i school even though the majority of adherents in Medan City are the Shafi'i school. This is due to the habit of the people of Medan City who consider the utilization of rahn collateral to be commonplace as long as no damage occurs.