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LEGAL PROTECTION OF DEBTORS IN FISHING GEAR PROCUREMENT AGREEMENTS FROM A MAQASHID PERSPECTIVE SYARI'AH (Case Study on Bonang Fishermen, Demak) Anwar, Rosikhan; Syaifuddin, Muh.; Fatmawati, Siti Selviyah
TAWASUT Vol 11, No 1 (2024): JURNAL TAWASUT
Publisher : Pascasarjana Universitas Wahid hasyim Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31942/ta.v11i1.9834

Abstract

This study aims to describe the problems and impacts of the procurement of fishing gear in the Bonang Subdistrict, Demak Regency community in terms of maqashid shari'ah. Efforts can be made to improve the fishing gear procurement agreement to comply with applicable laws. This research uses a legal sociology or empirical juridical research approach. The data collection techniques used are observation, documentation, and interviews. The results of this study indicate that Legal problems that occur in the fishing gear procurement agreement in Bonang Sub-District, Demak Regency, arise for several reasons: the debtor does not have capital, the deal is only made based on mutual trust, there is no black on white. The capital provider gets a share of 1 crew member every time the juragan goes to sea with the principal debt still the debtor's responsibility (juragan). The creditor does not want to because he will no longer receive a share of the crew when the debt is repaid. In addition, it often happens that when the jagan goes bankrupt and the fishing gear is sold, the debtor does not return the total amount of money, sometimes only 50 percent. Agreements in conventional law are regulated in Article 1320 of the Civil Code. Meanwhile, in Sharia economic law, the agreement leads to usury because an addition (mbageni) in the debt and credit agreement for procuring fishing gear is detrimental to the debtor. In the maqashid shari'ah perspective, some practices deviate from Islamic law in the form of additions (interest) in mbageni. This practice is more like a conditional debt detrimental to the debtor.
Promo Dompet Digital dan Israf Mahasiswa: Analisis Perilaku Konsumtif Generasi Z Tantowi, Ahmad; Putri Sarsono, Ismei Affianny; Anwar, Rosikhan
Otonomi Vol 25 No 2 (2025): Otonomi
Publisher : Universitas Islam Kadiri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32503/otonomi.v25i2.8022

Abstract

The use of digital wallets among students is growing rapidly and provides ease of transactions, but it also triggers consumptive behavior. This study aims to analyze the consumptive behavior of students using digital wallets in Kendal Regency and review it from the perspective of sharia economics. The research approach used is qualitative descriptive with interview and questionnaire methods. The data was analyzed using inductive techniques through the stages of collection, reduction, and interpretation. The results showed that 82% of college students have consumptive tendencies, characterized by impulse purchases, the use of promotions without considering needs, and the use of digital wallets for non-priority consumption. Environmental, lifestyle, psychological, and friendship factors have been shown to encourage this behavior. Sharia economic analysis confirms that this behavior is contrary to the principles of proportionality, responsibility, and the prohibition of israf (excess) and tabdzir (waste). This study recommends Islamic financial literacy and Islamic value-based education as an effort to reduce student consumptive behavior. These findings make a theoretical contribution to the study of digital financial behavior and practical implications for universities, society, and financial regulators.