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All Journal AT-TAFAHUM: Journal of Islamic Law
Wahyuni, Purnama
UPT SDN 01 Limapuluh City
Arts Humanities

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Islamic Legal Analysis Of Istishn'a Contract Transactions In Buying And Selling Practices Wahyuni, Purnama; Sinaga, Riyan
AT-TAFAHUM: Journal of Islamic Law Vol 5, No 1 (2021)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v5i1.29145

Abstract

This study aims to describe and analyze the Istishna Agreement, a sales transaction carried out in the form of ordering the manufacture of goods or goods with certain specifications and standards to the buyer or ordering party. In Istishna, payment can be made in advance, paid in installments until completion, or postponed until a mutually agreed date. And Istishna is usually applied to products and industrial products. The type of research used is descriptive. Data sources in this study are library research and observation. The results of this study are Istishna sale and purchase transactions that are not widely known. However, without them realizing it, this agreement has been widely realized in their lives such as pre-orders in all online shops with technological media, where they order with the criteria they agree on and then pay according to the time agreed. This sale and purchase is included in the sale and purchase that is permitted in Islam. With Fatwa Fatwa Sharia Council No: 06 / DSN-MUI / IV / 2000.
The Historical Evolution of Qawaid Fiqhiyyah and Its Relevance as a Legal Maxim in the Perspective of General Law Wahyuni, Purnama; Naslim, Habib Al-Rabith
AT-TAFAHUM: Journal of Islamic Law Vol 3, No 1 (2019)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v3i1.29131

Abstract

The principles of Islamic jurisprudence (Qawa'id Fiqhiyyah) play a crucial role as guidelines for Islamic law in addressing various contemporary issues amidst the limited number of texts of the Qur'an and Sunnah quantitatively. This study aims to examine the period of formation and development of the principles of Islamic jurisprudence and analyze their relationship with the concept of *legal maxim in the context of general law. Through literature study, it was found that the development of the principles of Islamic jurisprudence is divided into three main periods: the birth period (the time of the Prophet, Companions, and Tabi'in), the codification period (4th century AH to the golden age in the 8th century AH), and the refinement period culminating in the compilation of Majallat Al-Ahkam Al-Adliyyah in the 13th century AH. The analysis shows a strong relevance between the basic principles of Islamic jurisprudence and general legal principles, such as the relationship between the principle of "Al-umur bi maqasidiha" and the concept of mens rea in criminal law, and the principle of "Al-yaqin la yuzal bi asy-syakk" with the principle of proof in court. The research results conclude that the rules of Islamic jurisprudence function as legal maxims that provide a universal framework for legal practitioners in resolving disputes and formulating legal norms.
Co-Authors Naslim, Habib Al-Rabith Sinaga, Riyan