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Hukum Hutang Piutang Sebagai Modal Nikah: Studi di Kelurahan Pota, Sambi Rampas, Nusa Tenggara Timur Hafid, Abdul; Syufa’at, Syufa’at
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 2 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i2.2142

This research discusses the problem of the habitual practice of debt by some communities in Pota Village, Sambi Rampas, East Nusa Tenggara. The habit of going into debt for marriage capital has become a tradition to this day, the purpose of this tradition is to make it easier for the men who are getting married. The way to collect capital for marriage is done by holding an event where with the aim of inviting invited guests and you are required to bring money with a free nominal but the event party will record the name and nominal that is brought, the purpose of recording is because it has an obligation to return according to the nominal brought by the invited guests. The purpose of this study was to find out the habit of practicing debt as a marriage capital according to Islamic law and to find out the tendency of people to get used to debt and debt behavior in such a way that it causes addiction and becomes a tradition in the social life of the Pota Village community. This type of research is field research where the research is in the Pota Village. The method used in this study uses a qualitative descriptive analysis method. This study found findings indicating that the habit of people in debt has become a hereditary tradition and based on the results of interviews with four informants from local residents indicate that the habit of debt receivables being used as capital for marriage is other than the tradition in Pota Village but found changes in the method of repaying debts that have been recorded where there is an excess of repaying the debt depending on the times and the value of the currency. It turns out that in the concept of fiqh muamalah the way to pay off debts that exaggerate includes usury.

Hukum Hutang Piutang Sebagai Modal Nikah: Studi di Kelurahan Pota, Sambi Rampas, Nusa Tenggara Timur Hafid, Abdul; Syufa’at, Syufa’at
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 2 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i2.2142

This research discusses the problem of the habitual practice of debt by some communities in Pota Village, Sambi Rampas, East Nusa Tenggara. The habit of going into debt for marriage capital has become a tradition to this day, the purpose of this tradition is to make it easier for the men who are getting married. The way to collect capital for marriage is done by holding an event where with the aim of inviting invited guests and you are required to bring money with a free nominal but the event party will record the name and nominal that is brought, the purpose of recording is because it has an obligation to return according to the nominal brought by the invited guests. The purpose of this study was to find out the habit of practicing debt as a marriage capital according to Islamic law and to find out the tendency of people to get used to debt and debt behavior in such a way that it causes addiction and becomes a tradition in the social life of the Pota Village community. This type of research is field research where the research is in the Pota Village. The method used in this study uses a qualitative descriptive analysis method. This study found findings indicating that the habit of people in debt has become a hereditary tradition and based on the results of interviews with four informants from local residents indicate that the habit of debt receivables being used as capital for marriage is other than the tradition in Pota Village but found changes in the method of repaying debts that have been recorded where there is an excess of repaying the debt depending on the times and the value of the currency. It turns out that in the concept of fiqh muamalah the way to pay off debts that exaggerate includes usury.

EXAMINING PREPAID RENT AT ARISAN GADAI IN REVIEW OF POSITIVE LAW AND ISLAMIC LAW (CASE STUDY OF PT PEGADAIAN SYARIAH TBK) Kurnianingsih, Nurinawati; Siddiq, Achmad; Arauf, Muta Ali; Syufa’at, Syufa’at
JURNAL ILMU SYARIAH Vol 11 No 2 (2023): DESEMBER
Publisher : IBN KHALDUN BOGOR

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/mizan.v11i2.20391

The mechanism for the practice of gold pawn arisan at sharia pawnshops is increasingly rapid and in great demand, however this is the subject of a new problem in the concept of the application of prepaid rent which is set for the gold pawn arisan products offered. This research aims to understand how Islamic law views the status of down payments in pawn gatherings at the Purwokerto Syariah Pegadaian. The results of this research explain the issues of Sharia economic law on gold pawn products. The problem occurs with the provision of money being paid in advance. Basically, social gathering is a social system that leads to friendship within neighbors and between families. In Islamic Law, debt and receivables are a form of muamalah which is characterized by ta'awun (help) to other parties to meet their needs. Therefore, in this context, someone who provides debt must not take advantage of the goods owed. Debtors may not accept gifts or other benefits from debt borrowers. The money is paid in advance on the guarantee of a gold pawn gathering, which if you intend to help, you should be sincere and not impose additional burdens on returns, but there are business practices. This creates a bad image for Sharia banking if the down payment provisions become a negative thing in Sharia economic law.

Artificial Intelligence in Islamic Family Law: An Ethical Analysis and Maqāṣid asy-Syarī'ah Sopiyan, Muhammad; Judijanto, Loso; Asad, Maryam; Zuhri, Saifudin; Syufa’at, Syufa’at
Mawaddah: Jurnal Hukum Keluarga Islam Vol 4 No 1 (2026): Mei
Publisher : Universitas Muhammadiyah Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v4i1.31

The development of Artificial Intelligence (AI) has brought a significant transformation in the provision of legal services, including in the field of Islamic family law. This research aims to analyze the working mechanism and regulation of AI systems in presenting the provisions of Islamic family law, identify the moral and ethical challenges it poses, and examine its conformity with the principles of maqāṣid asy-syarī'ah. This research uses a qualitative method with a literature study approach. Data is obtained from secondary sources in the form of scientific literature, regulations, and other relevant documents, which are then analyzed through descriptive-analytical techniques to construct normative and conceptual arguments. The results show that AI systems work through algorithm-based data processing designed to generate legal answers based on the compilation of legal sources and available databases. While it is able to improve the efficiency and accessibility of legal information, the use of AI in Islamic family law faces serious challenges in the form of algorithmic bias, potential privacy violations, the risk of autonomous decision-making without contextual considerations, and over-reliance on digital systems. From the perspective of maqāṣid as-syarī'ah, the use of AI has the potential to not fully realize the protection of religion, soul, intellect, descent, and property if it is not accompanied by adequate normative and ethical control. This study recommends the establishment of a regulatory framework and ethical guidelines based on maqāṣid ash-shari'ah that affirms the principles of accountability, algorithm transparency, and supervision of religious and legal authorities to ensure that the implementation of AI in Islamic family law remains in line with the values of justice and benefit.

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