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Contact Name
MUHAMAD DANI SOMANTRI
Contact Email
muhamaddanisomantri34@gmail.com
Phone
+6285295076808
Journal Mail Official
jurnalmutawasith@gmail.com
Editorial Address
Program Studi Hukum Ekonomi Syariah, Fakultas Syariah IAILM Tasikmalaya
Location
Unknown,
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INDONESIA
Mutawasith: Jurnal Hukum Islam
ISSN : 27222764     EISSN : 27234681     DOI : -
Core Subject : Religion,
Mutawasith is the academic journal of Islamic law that was first published in 2018 by the Program of Sharia Economics Law (Muamalah) of the Institute of Islamic Religion Mubarokiyah Tasikmalaya. The Mutawasith Journal is published periodically twice in one year in June and December. The focus of the study from the Mutawasith Journal emphasizes the research or conceptual results relating to the study of Islamic law, sharia economic law, family law, and the social institution of contemporary Islamic Law (actual) by writing methods referring to the standards of scientific writing. The Mutawasith Journal publicly receives contributions from academics and non-academics related to the topic of journal Studies. All published articles do not necessarily present a journal view, or other institution that has a relationship with the publication of a journal.
Articles 8 Documents
Search results for , issue "Vol 1 No 2 (2018)" : 8 Documents clear
LELANG BARANG AGUNAN PERSPEKTIF HUKUM EKONOMI ISLAM Asep Ridwan Hotoya
Mutawasith: Jurnal Hukum Islam Vol 1 No 2 (2018)
Publisher : Prodi Hukum Ekonomi Syariah (Muamalah)

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (530.494 KB) | DOI: 10.47971/mjhi.v1i2.138

Abstract

The data used is primary data: interviews with respondents. Secondary Data is obtained from the library material. Analysis of qualitative analysis data with the intention of revealing the truth but understanding the truth. According to article 20 of the UUHT, the execution procedure of the rights of objects can only be done through 3 ways: (1) execution of parate (direct execution) (2) execution with the help of judges (3) execution of sales under hand. LAW No. 50/2009 Amendment of the second ACT No. 7/1989 on religious Judiciary article 54 mentions that 1rema of the event prevailing in the judiciary of religion is the same as the rema of the prevailing event in general justice, except for those things that have been specifically regulated in the LAW. In the deliberation of the judges suspending the auction of the execution of the object of liabilities: a plot of land and buildings attached thereon, SHM No. 1612/Cipedes A.N. Jayaningrat Nurlela, land area of 194 m² and building area of 125 m², located in Jalan Bojong Tengah No. 5, Cipedes village, Cipedes subdistrict, Tasikmalaya City and charge to Pelawan, opponent and opponent II to pay a case fee of Rp. 606,000 (six hundred six thousand Rupiah).
MEKANISME TRANSAKSI JUAL BELI PRODUK MINUMAN DENGAN MENGGUNAKAN VENDING MACHINE DALAM PERSPEKTIF FIQH MUAMALAH Denden S Hadi Wijaya
Mutawasith: Jurnal Hukum Islam Vol 1 No 2 (2018)
Publisher : Prodi Hukum Ekonomi Syariah (Muamalah)

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1493.048 KB) | DOI: 10.47971/mjhi.v1i2.139

Abstract

The development of increasingly rapid technology, the world of trade also has its own style, to things that are practical. Technical trading no longer says consent and qabul, but is accustomed to the internet system. This study aims to determine the law of buying and selling beverage products using vending manchine muamalah fiqh perspective. The method used is library research. Types of qualitative descriptive approaches. The research data is divided into primary data and secondary data relating to muamalah fiqh. From the study concluded: 1) The mechanism of buying and selling transactions using vending machines is almost the same as how to operate using an ATM machine, the owner of the machine has included the mechanism of buying and selling drinks using an automatic machine that has a price, or the machine cannot return the remaining money, consumers agree to a decision that has been taken by the manufacturer. 2) The mechanism of buying and selling transactions according to muamalah perspective there are several pillars of buying and selling: people who have the intention, sighat, goods purchased and the exchange rate, if the four pillars are not fulfilled then the sale and purchase is invalid. 3) Legal analysis of the sale and purchase of beverage products using a vending machine perspective muamalah fiqh, scholars namely Hanafiyah, Malikiyah, and Hambali allow. Whereas according to the Shafi'i school of thought it is not valid except with the consent and qabul
ZAKAT PEGAWAI NEGERI SIPIL KEMENTERIAN AGAMA PERSPEKTIF HUKUM ISLAM Cory Vidiati
Mutawasith: Jurnal Hukum Islam Vol 1 No 2 (2018)
Publisher : Prodi Hukum Ekonomi Syariah (Muamalah)

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (573.26 KB) | DOI: 10.47971/mjhi.v1i2.140

Abstract

Zakat, infaq and shadaqah are official institutions in Islam that relate to the property of a person or legal entity, worth of worship as well as social charity useful for the welfare of the people. Law No. 38 of 1999 concerning zakat Article 1 explains, zakat is an asset that must be set aside by a Muslim or a body that is owned by Muslims in accordance with religious provisions to be given to those who are entitled. Zakat is imposed on civil servant salaries, including the type of professional zakat. This research was conducted using a juridical analysis method based on a qualitative doctrinal legal approach with the acquisition of secondary primary data through library research which was then analyzed. From the research results found, zakat in language is growing, blessing, holy, clean, and praiseworthy. According to the term is the obligation of Muslims who have reached nishab to issue a portion of their wealth to certain parties. Revenues sourced from civil servants of the Ministry of Religion of Ciamis Regency who have met the threshold of nishab are attempted to provide zakat to the district BAZNAS. The zakat funds are channeled to mistahiq in the form of traditional consumptive, creative consumptive, traditional productive, creative productive, investment in my human resources, investment in business entities, increasing preaching and worship, religious social services, etc. Civil Servant Zakat in the Ministry of Religion of Ciamis Regency is a new formulation of zakat that does not conflict with Islamic law.
SELISIH HARGA PADA BANDROL PRODUK DALAM PERSPEKTIF MUAMALAH R. Hozin Abdul Fatah; Muhammad Saleh
Mutawasith: Jurnal Hukum Islam Vol 1 No 2 (2018)
Publisher : Prodi Hukum Ekonomi Syariah (Muamalah)

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (535.132 KB) | DOI: 10.47971/mjhi.v1i2.141

Abstract

This research aims to find out the law of sale and purchase in Indomaret regarding the difference in the price of product A. The method used is field research. This type of qualitative approach is to emphasize the inductive analysis of thought processes relating to the dynamic of the relationship between observed phenomena and the use of scientific logic. Methods of collecting interviews and documentation data. The conclusion of this research is the buying and selling transaction in Indomaret Suryalaya law including buy and sell Fashid and found a gharar element in it is in the contract, but the Gharar element found in Indomaret Suryalaya is not Making this buy and sell is forbidden, because the gharar element that is in this buy and sell light include Gharar which is allowed the most important in buying and selling between the two parties like the same like, mutual and no compulsion.
EFEKTIVITAS FUNGSI KANTOR URUSAN AGAMA SEBAGAI NADZIR PENGELOLAAN HARTA WAKAF Cecep Moch Ramli Al-Fauzi; faisal Faisal
Mutawasith: Jurnal Hukum Islam Vol 1 No 2 (2018)
Publisher : Prodi Hukum Ekonomi Syariah (Muamalah)

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (770.937 KB) | DOI: 10.47971/mjhi.v1i2.142

Abstract

Waqf is a treasure given by someone to take the benefits for the public interest, especially for the welfare of Muslims. The practice of waqf and representation in the community has not been fully orderly and efficient so that in many cases many waqf property which has been neglected and not properly maintained has even been transferred to third parties by way of violating the law. This happened because of the inability of nadzir in managing and developing waqf property in addition to the lack of public understanding of the function and role of waqf property. Representation that is carried out in the Office of Religious Affairs, starting from filling out the waqf form, endowment waqf pledge and giving a letter of introduction to make a certificate of membership in accordance with the Law of the Republic of Indonesia Number 41 of 2004 concerning Waqf and recorded in detail by the KUA to be recorded. KUA as a government agency that is in direct contact with the community, one of its tasks is to play a role in the management of waqf property so that the results are effective according to existing procedures and clear designation.
HUKUM ALIH FUNGSI HARTA WAKAF PRODUKTIF UNTUK KEGUNAAN KOMERSIAL DALAM PRESPEKTIF FIQIH MUAMALAH Bukhori Bukhori
Mutawasith: Jurnal Hukum Islam Vol 1 No 2 (2018)
Publisher : Prodi Hukum Ekonomi Syariah (Muamalah)

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (656.27 KB) | DOI: 10.47971/mjhi.v1i2.143

Abstract

The legal phenomenon of the function of a productive Waqf property is seen from the problem of changing the spatial policy of an area, the exclusion of the function of the Waqf land switch. This research aims to determine the purpose of the law over the function of the Waqf of commercial use in the presence of the Muamalah; The possibility or absence of a switch of the Waqf property in the use of Kmersil in Islamic view or in the regulation of the Government of Indonesia. The method used in this paper is the library research method. Types of approaches used are qualitative descriptive. The results concluded that Waqf as a means of realizing social welfare and the capital in the development and progress of Islam. Analysis of the transfer of productive Waqf property in the fiqh of the jurisprudence, some scholars argue: Abu Hanafiyah, Malikiyah and Hanabillah allow the transfer of Waqf of productive property for commercial use with the conditions being removed Enable only a few and not change the status. It does not eliminate the existence of the place or should be exchanged with other places and the process over the function should be the element of Maslahah. Meanwhile, according to) the Madhhab Imam Syafi'iyah Prohibition of the transfer of Waqf property productive because the property of the Waqf is eternal and has become the property of Allah and return to Allah SWT.
ANALISIS ANAK ANGKAT DALAM PERSPEKTIF HUKUM ISLAM, STATUS DAN KEDUDUKANNYA Alang Sidek; Azhar Azhar; M. Habib
Mutawasith: Jurnal Hukum Islam Vol 1 No 2 (2018)
Publisher : Prodi Hukum Ekonomi Syariah (Muamalah)

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Abstract

Adoption or adopting a child is still a polemic in its implementation, both under religious law and other laws. The purpose of this study is to clearly describe the status and position of adopted children, especially in the perspective of Islamic law. This type of qualitative research uses library research methods using secondary data in the form of books, journals and other scientific works. The findings in this study conclude that the position of adopted children according to the perspective of Islamic law is to remain as a legitimate child based on a court decision by not severing kinship / blood relations with their biological parents. While the status in inheritance for adopted children according to Islamic law is by way of grants and wills.
PERAN ISTRI SEBAGAI PENCARI NAFKAH UTAMA KELUARGA DALAM PERSPEKTIF HUKUM ISLAM Suaib Lubis; Abdullah Sani Kurniadinata; Suci Ramadani
Mutawasith: Jurnal Hukum Islam Vol 1 No 2 (2018)
Publisher : Prodi Hukum Ekonomi Syariah (Muamalah)

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Abstract

This study was conducted with the aim of knowing the provisions of family living according to Islamic law, what factors are behind the wife's profession as a female worker in Tangkahan Durian Village, Brandan Barat District and how Islamic law reviews the wife as a female worker in earning a living for the family. This research is an analytical descriptive study using a qualitative research approach that focuses its study on the phenomenon of the number of working wives that occurs in Tangkahan Durian Village, West Brandan District. To assist this research, data were collected through observation, interviews and documentation related to the problem and then analyzed. The results of the study show that, in general they understand that working to provide for the family is an obligation for every head of the family, but many of them are not aware of the magnitude of this obligation, so there are still some heads of families who do not work while their wives work abroad as female workers to earn a living.

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