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All Journal Misykat: Jurnal Ilmu-ilmu Al-QurÆan, Hadist, Syariah dan Tarbiyah International Journal of Law and Society
M. Dawud Arif Khan
Unknown Affiliation
Economics, Econometrics & Finance Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Implementation of the Law of the Republic of Indonesia No. 8 of 2019 in the Practice of Hajj Organization by Travel Agencies Using Non-Hajj Visas (A Case Study at PT Mirbath Tour and Travel Palu) M. Dawud Arif Khan; Rugaiyah
International Journal of Law and Society Vol. 2 No. 4 (2025): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v2i4.776

Abstract

The phenomenon of using non-Hajj visas for pilgrimage has deprived many pilgrims of legal protection, with numerous cases of arrests by Saudi authorities resulting in deportation and even a ten-year ban on entering Saudi Arabia. This study adopts a qualitative case study design with an empirical legal research approach. Data were collected through interviews and document analysis at PT Mirbath Tour and Travel Palu. The primary data source was an interview with the Director of PT Mirbath, while secondary sources included the Qur’an, Hadith, legislation, journals, articles, theses, dissertations, and reference books. Data analysis employed reduction, presentation, and conclusion drawing. The findings highlight three key points. First, PT Mirbath facilitated Hajj departures using multiple-entry visas with significant limitations, such as the absence of tents in Mina and Muzdalifah, restricted access to facilities, and alternative routes from Riyadh to bypass checkpoints. Second, the use of non-Hajj visas indicates that the implementation of Law of the Republic of Indonesia No. 8 of 2019 on the Administration of Hajj and Umrah has not been effectively enforced, with policy gaps and weak operational oversight remaining apparent. Third, although the contractual arrangements applied appear consistent with the principles of Islamic jurisprudence (fiqh muamalah), they conflict with the foundations of sharia economic law, as the use of non-Hajj visas involves elements of gharar (uncertainty), lack of transparency, and contractual objectives inconsistent with maqasid al-shariah.
PERBEDAAN PEMBIAYAAN PEMILIKAN RUMAH SYARIAH TANPA BANK DAN PEMBIAYAAN PEMILIKAN RUMAH DENGAN BANK SYARIAH DITINJAU DARI HUKUM EKONOMI SYARIAH DAN HUKUM POSITIF Dedi Isman; M. Dawud Arif Khan; Abdul Wahab Abd. Muhaimin
MISYKAT Jurnal Ilmu-ilmu Al-Quran Hadist Syari ah dan Tarbiyah Vol 10 No 1 (2025): Misykat: Jurnal-ilmu-ilmu Al-Quran, Hadits, Syariah dan Tarbiyah
Publisher : Program Pascasarjana IIQ Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33511/misykat.v10n1.83-99

Abstract

This research is based on the fact that there is a housing shortage (backlog) in housing needs in Indonesia which has reached 11 million. One way to fulfill this backlog is sharia home financing using sharia banks and without banks. This research uses qualitative methods with case or field studies using an empirical legal research approach that analyzes and examines legal practices that occur. This research proves that: First, there are differences in the contracts used by sharia property developers without banks and those used by sharia banks. Second, there are differences in the transfer of ownership status in the process of changing the name of a house ownership certificate. Third, in terms of resolving sharia property developer disputes through 2 stages, namely by deliberation or through religious courts, sharia banks go through 3 stages, namely deliberation, through national sharia arbitration bodies and religious courts.
Co-Authors Abdul Wahab Abd. Muhaimin Dedi Isman Rugaiyah