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All Journal Bestuur SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam
Yahaya, Mohammad Zaini
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Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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Constructive Possession in the Sale and Purchase of Gold According to Changes in the Customary Practice Yahaya, Mohammad Zaini
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 7, No 3 (2023): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v7i3.16025

Abstract

In a sales and purchase transaction, gold is a ribawī item that requires taking possession (qabḍ) of goods on a spot basis. Since the al-Qur’an and al-Sunnah have not specifically mentioned the form of qabḍ in a sales and purchase transaction, the ulama has made customary practice (‘urf) as a reference when determining whether a card is appropriate or otherwise. Besides that, the ulama has also accepted constructive possession (qabḍ ḥukmī) as a substitute for physical possession (qabḍ ḥaqīqī) in a sales and purchase transaction. The purpose of this study is to examine the validity of qabḍ, the forms of qabḍ, the classification of qabḍ ḥukmī in buying and selling gold, and the application of 'urf as a reference in the validity of qabḍ. The study is a normative legal study using uṣūl al-fiqh and fiqh al-mu'āmalāt analysis tools. The results of the study show that rapid technological developments have changed some forms of buying and selling transactions, including those involving gold. The main challenge in transactions involving gold is the issue of qabḍ, especially those that do not involve physical gold. This is due to certain constraints, especially buying and selling online. Based on the views of the scholars in determining the forms of qabḍ ḥukmī to see the suitability of gold buying and selling applications at this time, this kind of buying and selling is permissible. As long as there is takhliyyah and tamkin in the gold being traded, then it may be accepted as qabḍ ḥukmī. In addition, it must be ensured that the allocation steps, such as tagging of the physical gold, are implemented on the day of the contract to avoid ribā al-nasī’ah.
Can Indonesia's Decentralized Education Technology Governance Policy: Evidence from Muslim Countries Thoha, Mohammad; Syawqi, Abdul Haq; Yahaya, Mohammad Zaini; Septiadi, Dimas Danar; Hidayatulloh, M Haris
BESTUUR Vol 11, No 2 (2023): Bestuur
Publisher : Administrative Law Departement Faculty of Law Universitas Sebelas Mare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/bestuur.v11i2.78320

Abstract

Decentralization of education policies has been implemented in Indonesia and Malaysia; however, their potential impact on Islamic education technology innovation remains to be seen. Comparing and contrasting the Education Decentralization Policies of Malaysia and Indonesia is the objective of this study. This is normative legal research derived from tertiary, primary, and secondary legal sources. First, decentralization policies for the development of Islamic education technology are complicated, according to the research findings, because the Ministry of Education and Culture and the Ministry of Religion have a dualism of regulation and management that violates the concepts and spirit of regional autonomy. Second, regulatory dualism affects the quality of education in Indonesia, whereas integrated management is implemented in a single institution for education in Malaysia. Thirdly, Malaysia has endeavored since elementary school to integrate science and technology. Over the past decade, the Indonesian central government has implemented the Madrasah Reform program, among other initiatives and developments, to develop IT-based Islamic education.
Co-Authors Hidayatulloh, M Haris Mohammad Thoha Septiadi, Dimas Danar Syawqi, Abdul Haq