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Faradila Hasan
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Rumah Jurnal IAIN Manado, Jl. Dr. S.H. Sarundajang, Kawasan Ringroad I, Malendeng Manado Kode Pos 95128, Sulawesi Utara, Indonesia.
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Al-'Aqdu: Journal of Islamic Economics Law
Published by Institut Agama Islam Negeri Manado
ISSN : 28077830     EISSN : 28077342     DOI : http://dx.doi.org/10.30984/ajiel
Core Subject : Religion, Economy, Humanities, Social,
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice
Al-Aqdu: Journal of Islamic Economics Law is registered with the ISSN number 2807-7830 (Print) and ISSN 2807-7342 (Online). It is a peer-reviewed journal published twice a year in June and December by the Shariah Economics Law Study Program, Faculty of Shariah, at the State Islamic Institute of Manado (IAIN Manado). Al-Aqdu: Journal of Islamic Economics Law is a communication medium between Shariah and Economic Law. The journal invites activists and experts in Shariah Economics Law and Economic Law to contribute their research findings related to the issues of Shariah Economics Law and Economic Law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 2 Documents
 1 
Search results for , issue "Vol 5, No 2 (2025): December" : 2 Documents clear
Performance Assessment of Extension Workers and Allowances in the Perspective of Ijārah ‘Ala Al-‘Amal Maulidia, Reihan Putri; Bakar, Ali Abu; Reza, T. Surya
Al-'Aqdu: Journal of Islamic Economics Law Vol 5, No 2 (2025): December
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/ajiel.v5i2.3902

Abstract

This study aims to analyse the performance appraisal system of religious instructors at the Ministry of Religious Affairs, Bener Meriah Regency, in relation to the realisation of performance allowances (tukin), viewed from the perspective of the ijārah ‘ala al-‘amal contract. The study was motivated by a tendency in performance assessment that previously emphasised administrative aspects, such as report completeness and attendance, rather than the effectiveness of guidance and the tangible impact of religious counselling in the community. This research employs a qualitative approach with a descriptive analytical method and an empirical juridical type of study. Primary data were obtained through interviews, while secondary data were derived from regulations, positive legal literature, and both classical and contemporary fiqh al-mu‘āmalah sources. The findings indicate that after the enactment of the Director General of Islamic Community Guidance Decree No. 794 of 2025, the performance assessment system shifted from an administrative orientation to a results-based model through the e-Kinerja. This shift encourages a more proportional evaluation that reflects actual work outcomes. Nevertheless, differences in assessment instruments among instructors persist due to social and geographical factors. Overall, the new system is more aligned with the principle of justice in the ijārah ‘ala al-‘amal contract, although further refinement is required to ensure that work benefits are measured fairly and contextually.
Exceptio Non Adimpleti Contractus in the Sale and Purchase Agreement of a Kiosk at Baruga Market, Kendari: A Study of Hifz Al-Mal Kusuma, Alham Jaya; Rachmadani, Rachmadani; Djaoe, Andi Novita Mudriani; Pratiwi, Arini; Muthalib, Lian Mulyani; Baso, Fatihani; Rahmawati, Rahmawati
Al-'Aqdu: Journal of Islamic Economics Law Vol 5, No 2 (2025): December
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/ajiel.v5i2.3935

Abstract

This study discusses the application of the principle of exceptio non adimpleti contractus in kiosk sale and purchase contracts at Baruga Market in Kendari. Exceptio non adimpleti contractus is used as a legal defense to delay or refuse the performance of obligations until the other party to the contract fulfills their obligations. Previous studies have extensively discussed this principle normatively in general contracts, but empirical studies are still limited in cases of kiosk sales and their relationship with maqasid sharia as a form of property protection in muamalah practices in traditional markets. The purpose of this study is to analyze how this principle is applied in kiosk sale and purchase contracts and to examine its compatibility with the principle of maqasid syariah, particularly hifz al-mal (protection of property). The method used was empirical legal research, where primary data was obtained from interviews and agreement documents, while secondary data was obtained from relevant literature. The results of the study show that the contract stipulated a kiosk price of IDR 80,000,000. The payment obligation has been partially fulfilled, with the buyer paying the first installment of IDR 40,000,000 but failing to pay the second installment of IDR 40,000,000. In the agreement, Article 10 stipulates that if one party violates the agreement, it shall automatically become void. The seller then used the principle of exceptio non adimpleti contractus to refuse to hand over the kiosk because his rights had not been fulfilled. From the perspective of maqasid syariah, this principle reflects the principle of hifz al-mal, which is to protect the assets of both parties by withholding the performance of obligations until the other party's obligations are fulfilled. This finding contributes to the debate on Sharia contract law by providing empirical evidence of the application of this principle in the context of traditional markets. This study recommends that contracting parties pay more attention to exception clauses and develop clear mechanisms for default

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