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JUAL BELI ANTARA SUAMI ISTRI MENURUT HUKUM ISLAM DAN KUH PERDATA PASAL 1467 Mala, Revita; Harahap, Zul Anwar Azim
Yurisprudentia: Jurnal Hukum Ekonomi Vol 11, No 1 (2025): Edisi Januari–Juni
Publisher : Universitas Islam Negeri Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/yurisprudentia.v11i1.15831

Abstract

Buying and selling between husband and wife is one of the developments of transactions that occur in society in the form of an agreement in which the husband makes a buying and selling transaction to his wife either as a seller or as a buyer. The problems discussed in this study are about the legal status and similarities and differences in buying and selling between husband and wife according to Islamic law and the Civil Code article 1467. Research on this writing was conducted using the normative juridical method through the library research method. The results of this study can be concluded that, in Islamic Law, buying and selling between husband and wife is permissible, this is in accordance with the rules of fiqh specifically in the field of muamalah, it is stated that, the original law in all forms of muamalah is permissible unless there is evidence that prohibits it. While in the Civil Code, buying and selling between husband and wife is expressly prohibited and is only permitted for those who have an agreement on the separation of wealth. The difference between buying and selling between husband and wife in Islamic law and the Civil Code is that buying and selling between husband and wife in Islamic law is not expressly regulated, while in the Civil Code it is expressly regulated as contained in article 1467. The similarity is that in Islamic law and the Civil Code both regulate the existence of an agreement on the separation of marital property. Thus the fundamental difference in the approach of Islamic law and positive Indonesian law, as well as the need for a proper understanding of the legal position of each in the context of an agreement between husband and wife.
Tarif Angkutan Umum Pada Masa Pandemi Covid 19 Nasution, Syarifah Aini; Harahap, Zul Anwar Azim; Siregar, Sawaluddin
Jurnal El-Thawalib Vol 2, No 6 (2021)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v2i6.4784

Abstract

This research is motivated by the determination of public transportation fares, hereinafter referred to as city transportation, the application of tariffs during the Covid 19 Pandemic is still carried out by means of deliberation between ORGANDA and car owners, which in the implementation of leasing between car drivers and passengers, there are often inconsistencies with regulations. The main problem in this study is how to apply public transport fares during the Covid 19 Pandemic in Padangsidimpuan City and how to review muamalah fiqh on the application of public transport fares during the Covid 19 pandemic. This study uses a field research method and is sourced from primary and secondary data. Data collection techniques used in this study were observation, interviews and documentation. The results showed that the application of the tariff carried out in the field by the driver was not in accordance with the tariff determination set by ORGANDA and the owner. Very often there is an increase in fares made by drivers to passengers for various reasons, such as the lack of passengers, and the absence of small change. So that not a few people feel uncomfortable with this behavior. According to the muamalah fiqh review of public transportation fares during the Covid 19 Pandemic in Padangsidimpuan City, it can be seen from the terms of ijarah, namely about the pleasure between the tenant and the renter, and there is no element of coercion from either of them. The decisions that have been made are not in accordance with the implementation carried out by the driver.