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All Journal Tahqiqa: Jurnal Pemikiran Hukum Islam Jurnal Riset Hukum, Ekonomi Islam, ekonomi, Manajemen dan Akuntansi
Amri, Amsanul
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Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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HAK WARIS KHUNTSA MUSYKIL DAN METODE PENYELESAIANNYA Amri, Amsanul; Ajirna, Cut
Jurnal Tahqiqa : Jurnal Pemikiran Hukum Islam Vol. 19 No. 1 (2025): Januari
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61393/tahqiqa.v19i1.275

Abstract

Islamic inheritance law is regulated according to qath'i wurudz and dalalah. This legal certainty of inheritance covers who has the right to be an heir, who is covered by the hijab, up to the amount of shares received. Even so, the inheritance law of abstruse khuntsa is a complicated issue in determining gender, which in turn of course also influences the portion of the inheritance that is received later. The purpose of this research is to determine the inheritance law of abstruse khuntsa and the method for solving it. This research uses a descriptive analysis method with a qualitative research type with normative juridical research characteristics, considering that this research is legal research. The results of the research identified that abstruse khuntsa are people who have multiple genitals or none at all. As for the method of resolution, there are differences of opinion among scholars. Some scholars give inheritance rights to the smallest of two choices when they are considered male and female. The opinion of other scholars gives half of the accumulation he is considered to be men and women
Comparative Study of Sales Contracts in Law Mariana, Mariana; Amri, Amsanul; Kheriah, Kheriah; Izwany, Bonita; Kamaliah, Nurul
HEI EMA : Jurnal Riset Hukum, Ekonomi Islam, Ekonomi, Manajemen dan Akuntansi Vol. 4 No. 1 (2025): Januari
Publisher : Prodi Hukum Ekonomi Syariah, STI Syariah AL-Hilal SIgli

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61393/heiema.v4i1.280

Abstract

This study aims to analyze the differences between Islamic Law (Sharia) and Civil Law in the application of sales contracts, as well as the practical implementation of both legal systems in daily transactions. Islamic Law emphasizes moral and ethical aspects by ensuring transactions are free from prohibited elements such as riba, gharar, and maysir, while Civil Law focuses more on legality and the freedom of contract. This research employs a descriptive qualitative method with a normative juridical approach, examining legal provisions and the practice of sales contracts based on data from primary, secondary, and tertiary sources. The findings show that the rules and conditions of sales contracts in Islamic Law are stricter, prioritizing compliance with Islamic principles, while Civil Law is more flexible in agreements between parties. The application of contracts such as murabaha, salam, and istisna in Islamic finance institutions reflects a commitment to moral principles, whereas sales contracts in Civil Law are more common in markets and commercial activities. This study provides recommendations for harmonizing both legal systems to create transactions that are fair and in accordance with the social values upheld by society.
Co-Authors Ajirna, Cut Izwany, Bonita Kamaliah, Nurul Kheriah, Kheriah Mariana Mariana