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All Journal Al Fuadiy: Jurnal Hukum Keluarga Islam JURISTA : Jurnal Hukum dan Keadilan Al-Mudharabah
Shabarullah
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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IMPLEMENTATION OF RESORT MANAGEMENT SYSTEM IN SABANG CITY ACCORDING TO SHIRKAH ABDAN CONTRACT Naufal Ramadhana; Shabarullah
Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah Vol. 5 No. 1 (2024): Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah
Publisher : Prodi Hukum Ekonomi Syariah, Fakultas Syariah dan Hukum, UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/al-mudharabah.v5i1.4581

Abstract

This article aims to examine the application of sister resort management in Sabang City according to Akad Ji`alah. The type of research used is qualitative with an empirical juridical approach. Primary data obtained by the author from interviews with the parties concerned and a number of applicable laws and regulations, as well as secondary data that the author gets from the results of research related to this research. The results of the study prove that the application of the resort management system in Sabang City which is here at The Hawk Nest Resort Sabang, namely the application that occurs at The Hawks Nest Resort Sabang City, the owner of the resort here is also the party that submits all the capital and the type of business as well as the location of the business. While the manager only continues the business. At the beginning of the agreement that was carried out was that the resort manager only operated The Hawks Nest Resort Sabang City and later received wages for the work done. In Islam, this kind of practice is called wages. Therefore, the initial agreement between the resort owner and the resort manager did not work properly, resulting in non-compliance with the promised contract. Suggestions for the practice of applying the management system to The Hawk Nest Resort Sabang so that in the future management can be carried out clearly and with Islamic law so as not to cause disputes between parties.
NAZHIR'S PERFORMANCE IN THE UTILIZATION AND MANAGEMENT OF WAQF FOR DAYAH OPERATIONS IN PIDIE DISTRICT Nazhifa Adila; Shabarullah
Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah Vol. 4 No. 2 (2023): Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah
Publisher : Prodi Hukum Ekonomi Syariah, Fakultas Syariah dan Hukum, UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/al-mudharabah.v4i2.5636

Abstract

Waqf plays an important role in the religious, educational, economic and social development of the population. Waqf is an asset donated to humanity for a relatively long period of time. The purpose of this study was to determine the utilization and allocation of the results of waqf management, the contribution of the results of waqf management and the performance of nazhir in waqf management in Pidie sub-district for dayah operations. This study used a qualitative research method with a descriptive approach. The type of data in this study is primary data through the interview method. Data analysis techniques using descriptive analysis. The research results show that the use of waqf proceeds has been put to good use for the needs of the Islamic boarding school and the surrounding community for religious activities. Contributions from the results of waqf management can improve development facilities and infrastructure at dayah. Nazhir's performance in the productive waqf land management system for the operational needs of the dayah is carried out in an agribusiness manner, the waqf land in which there are dayah in Pidie District is mostly used for religious and educational activities. The use of waqf land chosen by Nazhir is by means of an agribusiness approach, namely by cultivating rice planting. The suggestion in this matter is that Nazhir must try to further maximize management by improving the management and financial aspects so that the results from the utilization of waqf land can also be seen to be even better and the role of the government and related agencies must be even greater to encourage the strategies carried out by Nazirs.
ANALYSIS OF A JUDGE'S DECISION ON DEFAULT AGAINST A LAND GRANT AGREEMENT FROM THE PERSPECTIVE OF A GRANT CONTRACT: Study of Judge's Decision Nomor 3/Pdt.G/2023/PN.Jth Wulan Ramazani; Saifuddin; Shabarullah
Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah Vol. 5 No. 2 (2024): Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah
Publisher : Prodi Hukum Ekonomi Syariah, Fakultas Syariah dan Hukum, UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/al-mudharabah.v5i2.6555

Abstract

This article aims to analyse the judge's reasoning in Decision No. 3/Pdt.G/2023/PN.Jth regarding the default of a conditional land grant agreement between the plaintiff and the defendant. This case focuses on a land grant agreement that was made orally, with the condition that the plaintiff's child be appointed as a community service worker at the Puskeswan. The approach that the author uses is normative juridical research. The results showed that the judge considered the oral agreement invalid because it did not fulfil the applicable legal requirements, including the authority of the defendant in the appointment of community service personnel, as well as a violation of the principle of grants that must be made without compensation. As a result, the plaintiff's claim was rejected because there was no evidence or fulfilment of legal requirements. This research shows the importance of fulfilling legal requirements in conditional grants to prevent default
ZONING SYSTEM IN IRRIGATING RICE FIELDS IN KEULILING RESERVOIR ACCORDING TO THE CONCEPT OF HAQ AL-MAJRA: Study in Kuta Cot Glie Aceh Besar, Indonesia Wafa' Widad; Sa'dan, Saifuddin; Shabarullah
Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah Vol. 6 No. 1 (2025): Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah
Publisher : Prodi Hukum Ekonomi Syariah, Fakultas Syariah dan Hukum, UIN Ar-Raniry

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Abstract

Management and supervision of irrigation in Keuliling Reservoir play an important role in ensuring adequate water supply for rice farming in the region. By implementing a zoning system, air distribution can be carried out evenly to various areas in need so that each farmer has the right to the air used for their rice fields. However, in practice, injustice in the distribution of air often arises, such as unilateral control by several farmers, which can disrupt the distribution that should be fair. To overcome this, deliberation and coordination between farmers are needed, which can be facilitated through the Water User Farmers Association (P3K) to plan joint air needs before the planting season begins. In addition, the concept of haq al-majra is also relevant in the management of rice field irrigation, especially in Cot Glie District, where farmers are given the right to utilize water channels on other people's land for the benefit of irrigating their rice fields, as long as it does not cause harm to other parties. The application of haq al-majra aims to create justice and harmony between farmers in the use of water. However, practices in the field are often disrupted by acts of injustice, such as blocking or unilaterally controlling water channels. Therefore, the implementation of haq al-majra must be carried out with full responsibility and prioritize long-term principles to ensure fair air distribution and avoid losses for other farmers.
LEGAL ANALYSIS OF THE SUPREME COURT DECISION NUMBER 2319 K/PID, SUS/2024 CONCERNING FIDUCIARY GUARANTEES IN MUAMALAH FIQH Mumtazul Fikri; Shabarullah
JURISTA: Jurnal Hukum dan Keadilan Vol. 9 No. 1 (2025): JURISTA: Jurnal Hukum dan Keadilan
Publisher : Centre for Adat and Legal Studies of Aceh Province (CeFALSAP)

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Abstract

This research analyses Supreme Court Decision No. 2319 K/Pid.Sus/2024, which imposes a penalty for breach of the fiduciary guarantee agreement in the case of unauthorised transfer of collateral objects. This research aims to examine aspects of positive law and Islamic law related to the practice of fiduciary guarantees in Indonesia and assess the suitability of the verdict with the principles of justice in Islam. Using a descriptive-normative qualitative method and a content analysis approach, this study found that the Supreme Court not only upheld positive legal norms stipulated in Law No. 42/1999, but also considered moral and Sharia principles that emphasise trustworthiness and the prohibition of khiyanah. The decision provides legal certainty for financial institutions and protection for creditors and debtors, and on the other hand, shows the importance of harmonisation between national law and the principles of Islamic law in the Indonesian legal system.
Pertimbangan Hakim dalam Penyelesaian Perceraian akibat Perselisihan dalam Keluarga di Mahkamah Syar’iyyah Kota Banda Aceh Tahun 2022-2024 khairuzzazi; Alimuddin; Shabarullah
Al Fuadiy Jurnal Hukum Keluarga Islam Vol. 7 No. 2 (2025): July-December, Al Fuadiy : Journal of Islamic Family Law (In Press)
Publisher : Nurul Qarnain College of Sharia Studies, Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/af.v7i2.1672

Abstract

Divorce is considered the last resort when marriage can no longer achieve its purpose of establishing sakinah, mawaddah, and rahmah due to prolonged disputes. This study aims to examine and analyze the judicial considerations of the judges at Mahkamah Syar’iyah Banda Aceh in deciding divorce cases caused by family conflicts, as well as to identify the legal foundations underlying these rulings. This research employs a qualitative method with a juridical-normative approach, using three divorce rulings as samples, namely Decision Number 1/Pdt.G/2022/MS.Bna, Decision Number 71/Pdt.G/2023/MS.Bna, and Decision Number 345/Pdt.G/2024/MS.Bna. Primary data were obtained from official court rulings, while secondary data were derived from legal literature and statutory regulations. The findings reveal that the judges’ considerations are based on two main points: the breakdown of the household due to continuous disputes and failed reconciliation efforts, and the inability of spouses to fulfill their marital rights and obligations. Divorce is deemed valid when maintaining the marriage would result in greater harm. The legal basis applied includes Law No. 1 of 1974, Government Regulation No. 9 of 1975, the Compilation of Islamic Law, jurisprudence, and Islamic legal principles. Thus, divorce is viewed as a legal measure to prevent greater harm to the parties involved.
Co-Authors Alimuddin khairuzzazi Mumtazul Fikri Naufal Ramadhana Nazhifa Adila Sa'dan, Saifuddin Saifuddin Wafa' Widad Wulan Ramazani