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Revealing the Legal Implications of Post-Eiddah Reconciliation from the Perspective of Maslahah Kartini, Aisyah; Sulfinadia, Hamda; Mahmut, Rami İbrahim
Mawaddah: Jurnal Hukum Keluarga Islam Vol 3 No 1 (2025): Mei
Publisher : Universitas Muhammadiyah Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v3i1.65

Abstract

The end of the marriage bond in Islamic law can occur through two forms of divorce, namely divorce raj'i (which allows reconciliation during the iddah period) and divorce ba'in (which does not allow reconciliation without a new contract). This study aims to examine in depth the implications of maslahah on the phenomenon of reconciliation of married couples after the end of the iddah period, especially in the social and cultural context of Indonesian society. The research method used is descriptive-analytical with a juridical normative approach, which is based on a literature study of classical and contemporary sources of Islamic law, as well as applicable laws and regulations. The data is analyzed qualitatively to reveal the requirements, procedures, and rights and obligations that surround the process of rujuk or post-iddah reconciliation. The results show that even though the iddah period has ended, there is legal space that allows for a remarriage contract as a form of reconciliation, as long as the shar'i requirements are met. The views of the imams such as Hanafi, Maliki, Shafi'i and Hanbali provide diverse but complementary perspectives in assessing the validity of post-iddah reconciliation. The discussion emphasizes the importance of considering maslahah in the practice of reconciliation, in order to protect the interests of both parties and maintain social stability. Thus, reconciliation after the iddah period can not only be considered legally valid, but also beneficial in the context of the benefit of the people and does not conflict with the principles of state law.
Sistem Kontrak Perdagangan Pada Bursa Berjangka Jakarta (Commidity Exchange) Dalam Perspektif Hukum Islam Dewi, Shandra Puspita; Sulfinadia, Hamda; Efrinaldi, Efrinaldi
Jurnal Hukum Ekonomi Syariah Vol. 7 No. 1 (2024): April
Publisher : Prodi Hukum Ekonomi Syariah Fakultas Agama Islam, Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/jhes.v7i1.20407

Abstract

Futures trading is conducted on the futures exchange, where this exchange trades futures contracts for various commodities. Investing in futures trading is like presenting two sides of a coin, namely the risk of loss and the potential for profit. The research problem in this study is how the mechanism of the trading contract system on the Jakarta Futures Exchange and how the trading contract system on the Jakarta Futures Exchange is viewed from the perspective of Islamic law and the fatwa of MUI number 80 of 2011. This study is a literature review (library research). The results of this study show that an investor in futures trading does not need to deposit an amount equal to the value of the contract being traded but only a small percentage of the contract value. Every investor can sell their contract before it expires. At the opening of the contract, investors are required to deposit a margin. If, during the contract period, the selling or buying position incurs losses exceeding the set margin limit, the investor will receive a margin call from the AB to provide additional margin funds until it meets the requirements of the initial margin amount. According to Islamic law and fatwa MUI Number 80 of 2011, transactions involving physically and cash-settled goods (spot market) in the perspective of Islamic law can be tolerated. Meanwhile, in futures exchanges, the trading system tends to lean towards prohibited transactions such as the presence of gharar, maysir, or agreements executed when transactions do not fulfill the pillars and conditions of agreements in islamic law.