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Pemikiran Ibn Rusyd Tentang Wadiah Dalam Kitab Bidayatul Mujtahid Andika, Musa; Nufus, Najwan; Fadilah, Alfi Nur
At-Ta’awun: Jurnal Mu’amalah dan Hukum Islam Vol 1 No 1 (2022): At-Ta’awun: Jurnal Mu’amalah dan Hukum Islam
Publisher : Program Studi Hukum Ekonomi Syariah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59579/atw.v1i1.2702

Abstract

Ibn Rushd was a Maliki cleric who lived in Andalusia (now Spain). This scholar who is known for his progressive philosophical thinking has books of comparative fiqh, four schools in particular. It describes various themes ranging from worship and muamalah. One of the topics studied in this paper is Ibn Rushd's thoughts on wadiah. Where according to Ibn Rushd Wadiah is a muamalah transaction related to material things. Therefore, globally, according to all scholars, it is obligatory for him to take care of entrusted goods from conditions that are normally guarded by human assets. So something that has been clearly assessed as a safeguard is allowed, while it is not clear that it is a safeguard then it is disputed, such as their dispute in the Malik school of thought regarding a person who puts a deposit in his pocket and then it is lost. According to the well-known opinion that the person should be held accountable.
Pasar Modal Syariah Dalam Perspektif Tafsīr Ahkām Maudhu’i Andika, Musa
At-Ta’awun: Jurnal Mu’amalah dan Hukum Islam Vol 1 No 2 (2022): At-Ta’awun: Jurnal Mu’amalah dan Hukum Islam
Publisher : Program Studi Hukum Ekonomi Syariah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59579/atw.v1i2.3770

Abstract

Islamic classical literature does not use capital market terminology that is in accordance with Islamic law. As a Muslim, one must ensure that investments made in the capital market are in accordance with Islamic law, according to the verse. Regarding the issues raised in this article, in particular: First, what are the arguments relating to the Islamic capital market? Second, how is Akhkam Maudhu'i's interpretation of the effects of the Islamic capital market? The writing of this article uses the analytical method used, namely normative legal analysis. Primary law and secondary materials should be used for retrieval of necessary legal materials. The conclusion of this paper the authors conclude that Islamic capital market transactions can be carried out by: A contract of buying and selling securities, does not contain elements of usury, there is no falsehood, seeking God's bounty, trustworthy goals, mutual pleasure. The Islamic capital market is in the form of buying and selling halal shares and is justified in Islamic teachings, both the Qur’an and the Hadith of the Prophet.
METODE INTEGRATIF PENETAPAN HUKUM ISLAM: Mengimplementasikan Kajian Normatif dan Empiris Andika, Musa
At-Ta’awun: Jurnal Mu’amalah dan Hukum Islam Vol 2 No 1 (2023): At-Ta'awun: Jurnal Mu'amalah dan Hukum Islam
Publisher : Program Studi Hukum Ekonomi Syariah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59579/atw.v2i1.4611

Abstract

This article examines the integrative method in the study of Islamic law. This integration can be grouped into two: First, it is integrative between all texts related to the problem being discussed or discussed. Second, it is integrative between texts and other sciences related to the problem being discussed. There are two forms, namely the empirical-historical-inductive form and the doctrinal-normative-deductive form. The first form is the process in which the context of a law (Islam) is formed from society (law in actions) and is to be applied and analyzed systematically. While the second form has more to do with the process of choosing, giving meaning, and formulating (Islamic) legal conclusions from sharia texts.
METODE INTEGRATIF PENETAPAN HUKUM ISLAM: Mengimplementasikan Kajian Normatif dan Empiris Andika, Musa
At-Ta’awun: Jurnal Mu’amalah dan Hukum Islam Vol 2 No 1 (2023): At-Ta'awun: Jurnal Mu'amalah dan Hukum Islam
Publisher : Program Studi Hukum Ekonomi Syariah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59579/atw.v2i1.4611

Abstract

This article examines the integrative method in the study of Islamic law. This integration can be grouped into two: First, it is integrative between all texts related to the problem being discussed or discussed. Second, it is integrative between texts and other sciences related to the problem being discussed. There are two forms, namely the empirical-historical-inductive form and the doctrinal-normative-deductive form. The first form is the process in which the context of a law (Islam) is formed from society (law in actions) and is to be applied and analyzed systematically. While the second form has more to do with the process of choosing, giving meaning, and formulating (Islamic) legal conclusions from sharia texts.