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All Journal Jurnal Perbankan Syariah Darussalam (JPSDa) Komparatif: Jurnal Perbandingan Hukum dan Pemikiran Islam
Syafa’at, Abdul Kholiq
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Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Analisis Fatwa Jabatan Mufti Wilayah Persekutuan Malaysia Irsyad Al-Fatwa Ke 94 dengan Fatwa Majelis Ulama Indonesia Nomor 6 Tahun 2009 Tentang Otopsi Jenazah Hamdani, Mohd Asrul; Syafa’at, Abdul Kholiq
Komparatif: Jurnal Perbandingan Hukum dan Pemikiran Islam Vol. 1 No. 1 (2021): Juni
Publisher : Department of Comparative Mazhab Comparative, Fakulty of Shariah and Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/komparatif.v1i1.1186

Abstract

Autopsy is still unacceptable in the Islamic community. It is considered an act that hurts and destroys a corpse and also against Islamic law. The problem in this research is how the legal istinbāṭ method of autopsy for bodies according to the position of the 94th Mufti of the Malaysian Alliance Region Ersyad Al-Fatwa and the Fatwa of the Indonesian Ulama Council Number 6 of 2009 and how to compare the Position of the Mufti of the Malaysian Alliance Region, Irsyad Al-Fatwa 94 with the Fatwa of the Indonesian Ulema Council on legal istinbāṭ for autopsy bodies? This study is comparative study. The results, the Malaysian Association of Territory Mufti has determined that initially, it is legal to carry out an autopsy of a corpse to be permissible. Then it is legal to autopsy a body based on certain circumstances. The Indonesian Ulama Council also enforces the law on the autopsy of bodies as it must be based on certain circumstances. In a situation where a corpse autopsy is performed in order to save a still-living fetus in the womb of the corpse, it is mandatory.
Tinjauan Hukum Islam Terhadap Praktik Jual Beli Tanah (Stadi Kasus Di Desa Karangdoro Kecamatan Tegalsari Kabupaten Banyuwangi) Syafa’at, Abdul Kholiq; Inayah, Nurul; Syafaat, Muhtar
JPSDa: Jurnal Perbankan Syariah Darussalam Vol. 3 No. 2 (2023): Juli 2023
Publisher : Institut Agama Islam Darussalam Blokagung Banyuwangi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30739/jpsda.v3i2.2485

Abstract

This study aims to determine the practice of buying and selling land in Karangdoro Village, Tegalsari District, Banyuwangi Regency and to find out an overview of Islamic law on the practice of buying and selling land in Karangdoro Village, Tegalsari District, Banyuwangi Regency. The type of research used by the authors in completing this thesis is qualitative descriptive research. The analytical tool used in this study is an interactive model. The results obtained from research regarding the practice of buying and selling land in Karangdoro Village. In buying and selling through a broker, a broker gets 5% of the sales proceeds, where the percentage has become local custom or takes from the addition of the selling price of the land. In addition, usually when a land owner asks for a net price from the sale of land. after knowing the price demanded by the land owner, the broker will find a buyer and offer the goods. After the broker has agreed on a price with the buyer, the buyer will meet with the land owner to enter into an agreement or agreement. The sale and purchase transaction of land in Karangdoro Village is valid according to Islamic law, because it complies with the terms and conditions of sale and purchase, and the addition of prices by brokers in selling land is permissible under Islamic law because they have obtained permission from the land owner. So from the results of the research that the researchers did, it can be concluded that the provisions of Islamic law regarding the practice of buying and selling land in Karangdoro Village, Tegalsari District, Banyuwangi Regency, the practice of buying and selling that is carried out is valid because it complies with the terms and pillars of buying and selling and adding prices by the broker is legally permissible Islam.
Co-Authors Hamdani, Mohd Asrul Nurul Inayah Syafaat, Muhtar