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Pertanggungjawaban Pihak Keluarga Terhadap Pelunasan Hutang Pihak yang Melarikan Diri Perspektif Wahbah Az-Zuhaili: Studi Kasus di Kelurahan Kota Pinang Kecamatan Kota Pinang Kabupaten Labuhanbatu Selatan Husnul Akmal Marpaung; Abd. Rahman Harahap
Reslaj: Religion Education Social Laa Roiba Journal Vol. 6 No. 8 (2024): RESLAJ: Religion Education Social Laa Roiba Journal 
Publisher : Intitut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/reslaj.v6i8.4713

Abstract

Hiwalah what happened in Penang City never informed the muhal alaihi about the debt to him so that it was always difficult for al muhal to collect his debt. In fact, not only that, the debt does not have proof of transaction at all, so it is difficult to transfer. This study aims to solve the problem of debt transfer without the consent of the alumni's muhal in Kota Pinang Village, Kota Pinang District, South Labuhanbatu Regency, the factors that make al muhal alaihi unwilling to pay the debt that has been transferred and the family's responsibility for the repayment of the debt of the fleeing party from the perspective of Wahbah Az-Zuhaili in Kota Pinang Village, Kota Pinang District, South Labuhanbatu Regency. This research uses empirical methods and the formulation of concepts and case approaches. The results of the study prove that Wahbah Zuhaili himself must be known to all parties so that when a default occurs, the muhal alaihi is ready to accept the consequences that occur. Not only that, Wahbah Zuhaili also considers that the deeds done by people who do hiwalah without the knowledge of muhal alaihi are considered invalid because one of the pillars is not fulfilled, namely the contract of muhal alaihi does not exist because of ignorance.
COMPANY LIABILITY FOR DEFAULT IN THE EVENT OF PACKAGES NOT ARRIVING AT THE ADDRESS BY COURIERS: A COMPILATION OF SHARIA ECONOMIC LAW PERSPECTIVE Utami Riska Nita; Abd. Rahman Harahap
Journal Analytica Islamica Vol 14, No 2 (2025): ANALYTICA ISLAMICA
Publisher : Program Pascasarjana UIN Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30829/jai.v14i2.25589

Abstract

This study examines the liability of delivery service companies for breach of contract in the form of undelivered packages to the intended address, from the perspective of the Compilation of Sharia Economic Law (Kompilasi Hukum Ekonomi Syariah/KHES), using a case study in Sei Litur Tasik Village, Sawit Seberang Subdistrict, Langkat Regency. The background of the research stems from increasing public complaints regarding delivery services failing to fulfill their obligations as agreed. The purpose of this study is to analyze the implementation of package delivery by the company, identify the factorx contributing to undelivered packages, examine the forms of corporate accountability for delivery failures, and assess such accountability according to the Compilation of Sharia Economic Lave. This research employs an empirical juridical method with a conceptual and statutory approach. Data were obtained through interviews, field observations, and document analysis. The findings indicate that, based on Chapter III Article 36 of KHES concerning breach of contract and Chapter IV Article 85 regarding the handover of goods as stated in the shipping receipt, the main causes of breach were courier negligence, data system errors, and weak internal supervision. According to Chapter III Article 38 of KIES, the forms of liability provided by the company typically involve compensation in the form of a shipping cost refund or package redelivery; however, these measures are often insufficient and lack transparency. From the perspective of the Compilation of Sharia Economic Law, such a breach violates the ijarah (service lease) contract and obliges the company to provide fair and accountable compensation. The conclusion of this research emphasizes the importance of applying Sharia principles in service-based businesses to uphold consumer rights and achieve justice
LEGAL RESPONSIBILITY OF RACING EXHAUST WORKSHOP BUSINESS ACTORS FROM SADD AL-DZARI'AH'S PERSPECTIVE (CASE STUDY OF LETDA SUJONO STREET, MEDAN CITY) Abdur Rahman; Abd. Rahman Harahap
Journal Analytica Islamica Vol 15, No 1 (2026): ANALYTICA ISLAMICA
Publisher : Program Pascasarjana UIN Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30829/jai.v15i1.28762

Abstract

The widespread use of racing exhausts in urban areas has caused various social problems, particularly related to noise that disturbs public order and public comfort. This phenomenon is not only related to the behavior of motor vehicle users, but is also influenced by the activities of repair shops that provide non-standard exhaust installation services. This study aims to analyze the legal responsibilities of racing exhaust repair shops based on positive law and review these practices from the perspective of Sadd al-Dzari'ah in Islamic law. The study used an empirical juridical method with a qualitative approach through field observations, interviews with residents, law enforcement officers, and repair shop owners in the Letda Sujono Street area of Medan City. The results showed that approximately 20–30% of motorcyclists use racing exhausts with noise levels reaching 80–95 dB, while there are approximately 6–9 repair shops that have the potential to provide non-standard exhaust installation services. Law enforcement has so far focused on road users, so the responsibility of repair shop owners has not been optimally addressed. From the perspective of Sadd al-Dzari'ah, a business activity that is essentially permissible can be restricted if it becomes a means of causing harm to society. This study emphasizes the importance of integration between positive law and Islamic legal principles in strengthening the policy of monitoring the distribution and installation of racing exhausts in order to protect public order and welfare.