Taufiq, M. Shofwan
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Tebus Murah dan Perlindungan Hukum: Tinjauan Hukum Terhadap Hak Konsumen Dalam Transaksi Jual Beli Muhtadli, Muhtadli; Pelangi, Intan; Taufiq, M. Shofwan; Pribadi, Adhimaz Kondang
Muhammadiyah Law Review Journal Vol 9, No 1 (2025): Muhammadiyah Law Review
Publisher : Universitas Muhammadiyah Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24127/mlr.v9i1.4036

Abstract

This study aims to analyze consumer rights and protection in the practice of discounted purchasing (tebus murah) and the perspective of Islamic law regarding such transactions. Discounted purchasing, which is increasingly popular among consumers, offers various benefits but also poses legal risks and challenges. In this context, the study identifies the consumer rights that need to be protected, including the right to clear and accurate information, as well as the right to receive goods that match what was promised. Furthermore, the research explores the legal protections available for consumers in Indonesia based on Law No. 8 of 1999 on Consumer Protection. The research employs a qualitative approach with data collection techniques through interviews, observations, and literature studies. The findings indicate that although there are regulations governing consumer protection, challenges remain in their implementation, especially in the digital context. This study is expected to provide recommendations for improving regulations and better business practices, as well as to enhance consumer awareness regarding their rights in discounted purchasing transactions.
Konflik Bersenjata dan Kewajiban Negara: Telaah Konsep Dar AlHarb Dalam Syariah dan Hukum Internasional Pelangi, Intan; Taufiq, M. Shofwan
Muhammadiyah Law Review Journal Vol 9, No 2 (2025): Muhammadiyah Law Review
Publisher : Universitas Muhammadiyah Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24127/mlr.v9i2.4476

Abstract

The concept of Dar al-Harb in classical Islamic jurisprudence represents a normative geopolitical construct rooted in a specific historical context, where the world was divided into the realm of Islam (Dar al-Islam) and the realm of hostility (Dar al-Harb). This classification significantly influenced the legitimacy of warfare and international relations in Islamic legal thought. However, modern global political realities have prompted a critical reassessment of this concept, particularly in relation to the contemporary framework of international law, which emphasizes sovereignty, civilian protection, and the prohibition of aggression. This study aims to explore the classical and contemporary interpretations of Dar al-Harb and to examine the normative intersections and conceptual divergences with the principle of state responsibility under international law. This research adopts a normative juridical approach, employing both comparative legal and conceptual methods. The data sources include secondary legal materials such as classical Islamic texts by scholars like Al-Shaybani, Al-Mawardi, and Ibn Taymiyyah, as well as international legal instruments including the UN Charter, the 1949 Geneva Conventions, and the 1998 Rome Statute. Data were analyzed qualitatively using deductive and inductive reasoning to identify doctrinal differences and potential areas for integration between the two legal systems. The findings reveal that while there are fundamental differences particularly regarding the legal basis of hostility and the authority to legitimize war there are also normative convergences, such as the protection of noncombatants and respect for human dignity. The ethical normative reinterpretation of Dar al-Harb illustrates the potential for Islamic legal values to contribute to the development of a more inclusive and just international humanitarian legal framework