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All Journal Demak Universal Journal of Islam and Sharia
Prayitno, Yuliyanto Eko
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Religion Humanities

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Implementation of the Hadith “al-Bayyinatu 'ala al-Mudda'i wa al-Yamin 'ala Man Ankara” in the DSN MUI Fatwa on Guaranteeing Capital Returns Ariyo Widodo, Prima; Rohman, Abdur; Prayitno, Yuliyanto Eko; Firman Syah, Alam
Demak Universal Journal of Islam and Sharia Vol. 2 No. 03 (2024): Main Thema: The Dynamics of Islamic Law (Sharia) in Society – Strategies for I
Publisher : Walidem Institute and Publishing (WIP)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61455/deujis.v2i03.190

Abstract

This study aims to analyze the implementation of the hadith "Al-Bayyinat 'ala Al-Mudda'i wa Al-Yamin 'ala Man Ankar" in the Fatwa of DSN MUI No: 105/DSN-MUI/X/2016 regarding the guarantee of capital return from the perspective of Maqashid Sharia. This hadith emphasizes the importance of evidence for the plaintiff and an oath for the repudiation, which is of great relevance in the context of financing and capital guarantee in the Sharia economy. Through a qualitative approach with a descriptive-analytical method, this study examines the application of the principles of the hadith in the DSN-MUI fatwa and assesses its conformity with the main objectives of sharia (maqashid sharia), namely safeguarding religion, soul, intellect, descendants, and property. The results of this research are expected to provide insight into the alignment between the implementation of fatwas and sharia principles, as well as guide practitioners in implementing contracts by sharia.
The Agreement to Buy and Sell Mu’athah in Supermarkets Reviewed from the Rules of Fiqhiyah Al-Istihsanu bil 'Urf Prayitno, Yuliyanto Eko; Hidayat, Febryan; Widodo, Prima Ariyo; Ashshidiq, Ahmad Ashari; Syah, Alam Firman
Demak Universal Journal of Islam and Sharia Vol. 2 No. 01 (2024): Main Thema: The Dynamics of Islamic Law and Sharia Economy in Protecting Right
Publisher : Walidem Institute and Publishing (WIP)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61455/deujis.v2i01.84

Abstract

This study aims to investigate the law of mu’athah buying and selling transactions by referring to the rules of fiqhiyyah Al Istihsanu bil 'urf that occur in supermarkets. A qualitative approach with library research methods was used in this study, where data were obtained from books and journals. The data collection method used is descriptive analysis, with content analysis techniques. Research findings show that in business transactions, contracts have a vital role in people's lives, becoming the basis for various human activities. Akad becomes the framework of transactions in the Islamic economy, enabling the implementation of various business and economic activities. The Islamic view of the contract has no particular limitations, as long as it meets the requirements and pillars of the contract. However, with the progress of the times, the contract can be made directly, without using words, writing, or gestures, but rather through the actions of both parties that reflect the agreement, known as bai' mu’athah transactions. These transactions generally occur in supermarkets, using modern methods such as electronic media in the form of barcodes that can only be read by machines. Although this bai' mu’athah transaction does not fully meet the conditions and pillars of the contract, according to Maliki, the most basic is the custom that shows the agreement and willingness of both parties. Some Shafi'i scholars also allow bai' mu’athah transactions.
Co-Authors Abdur Rohman Ariyo Widodo, Prima Ashshidiq, Ahmad Ashari Firman Syah, Alam Hidayat, Febryan Syah, Alam Firman Widodo, Prima Ariyo