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All Journal Hakamain: Journal of Sharia and Law Studies
Refliandi , Irvan
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Law, Crime, Criminology & Criminal Justice

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The Transfer of Use of High Heirloom Property in Solok District in Maqashid Al-Syariah Review Ramadhani, Ramadhani; Refliandi , Irvan; B, Syafriadi
Hakamain: Journal of Sharia and Law Studies Vol. 2 No. 2 (2023): December 2023
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v2i2.328

Abstract

The transfer of the utilization of high inheritance assets in Nagari Muara Panas, Bukit Sundi District, Solok Regency often reaps pros and cons, because basically, high inheritance assets may not be sold or pawned except for four reasons, but the facts often show that high inheritance assets are used for the benefit of personal. This is what causes divisions among the people because of the transition from the utilization of the high inheritance property. The purpose of this study was to analyze the Maqashid al-Shariah review of the transfer of utilization of high inheritance assets in Nagari Muara Panas, Solok Regency. This type of research is field research. Data collection techniques in this study were carried out through interviews and documentation. The results of this study indicate that the form of diversion of the use of high heirlooms that occurred in Nagari Muara Panas, Bukit Sundi District, Solok Regency was carried out by pawning and trading by owners of high heirlooms for reasons of personal gain. Furthermore, Maqashid al-Shariah's review of the transfer of utilization of high inheritance assets in Nagari Muara Panas is permissible in order to preserve the soul in the form of medical treatment and preserve the mind in the form of educational expenses, all of which can be categorized at the dharuriyyat level. and this is at the level of tahsiniyyat.
Analysis of Overpayment Practices in Arisan with the Principles of Sharia Economic Law Edo Rahman, Muhammad; Ramadhan SY, Taufik; Refliandi , Irvan; Yusral Fuadi, Mhd
Hakamain: Journal of Sharia and Law Studies Vol. 3 No. 1 (2024): June 2024
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v3i1.331

Abstract

This study delves into the practice of overpayment within Arisan, a traditional community-based financial system, through the framework of Sharia Economic Law. Arisan, known for its role in promoting savings and social solidarity, operates as a rotating savings and credit association where members contribute to a common fund that is periodically distributed among them. However, the issue of overpayment—where some participants pay more than others raises significant concerns regarding its compliance with Islamic financial principles. The research employs a qualitative approach to explore how overpayment practices in Arisan align with or contradict Sharia principles, particularly those prohibiting riba (usury), gharar (excessive uncertainty), and the requirement for fairness and justice in financial transactions. Through a comprehensive analysis of these principles, the study finds that overpayment in Arisan can lead to potential violations of Sharia law, especially when it results in financial inequities or the unjust enrichment of certain participants at the expense of others. The findings suggest that while Arisan can be a valuable tool for economic cooperation and community support, it must be carefully managed to ensure Sharia compliance. The study concludes by recommending specific adjustments to Arisan practices, such as the implementation of standardized payment structures and transparent agreements among participants, to safeguard against overpayment and ensure that the system operates within the ethical and legal boundaries of Sharia Economic Law. This ensures that Arisan continues to serve its purpose without compromising Islamic ethical standards.  
Co-Authors B, Syafriadi Edo Rahman, Muhammad Ramadhan SY, Taufik Ramadhani Ramadhani Yusral Fuadi, Mhd