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Moh. Fadhil
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Jl. Letnan Jenderal Soeprapto No. 19, Benua Melayu Darat, Kec. Pontianak Selatan, Kota Pontianak, Pontianak, Provinsi Kalimantan Barat, 78122
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INDONESIA
Journal of Shariah Economic Law
Published by Institut Agama Islam Negeri Pontianak
ISSN : -     EISSN : 30248310     DOI : https://doi.org/10.24260/
Core Subject : Religion, Economy, Humanities, Social,
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences
Al-Aqad is an interdisciplinary journal published twice a year online (e-journal) by the Department of Sharia Economic Law of Sharia Faculty of the Pontianak State Institute of Islamic Studies. It would be maintained every year to come up as a properly online journal included the reviewing process. The special issue would be made available for a particular condition. The regular issue includes August and November editions in each year which would be managing in journal archives.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 84 Documents
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AKAD PERJANJIAN SISTEM BAGI HASIL ANTARA NELAYAN DAN PEMILIK KAPAL DI DESA TANJUNG SALEH KUBU RAYA Dzikron, Dzikron; Bakar, Abu; Ulya, Nanda Himmatul
Al-Aqad Vol. 2 No. 2 (2022): Al-Aqad: Journal of Shariah Economic Law
Publisher : LP2M and Shariah Faculty of The Pontianak State Institute of Islamic Studies

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-aqad.v2i2.923

Abstract

The purpose of this research is to assess the cooperation between fishermen and boat owners in Tanjung Saleh Village by analyzing the rights and obligations in the contract agreement between the two parties. The sources of data in this study are ship owners and fishermen. So, this research was conducted using a descriptive method with a qualitative approach. Techniques and data collection tools were observation, interviews, and documentation that presented data for profit sharing between ship owners and fishermen. Data management and data analysis techniques use an interactive model with the stages of data collection, data reduction, data presentation, and conclusion drawing that are presented in a comprehensive, comprehensive manner. The results of this study indicate that the cooperation between fishermen and boat owners can be said to be mutually beneficial and there is an initial agreement on the profit sharing, which is 50:50. The first 50% is for paying fishermen's wages of 20%, employees or staff get 15%, and the next 15% is for purchasing boat oil to prepare fishermen for the next day. While the next 50% is for the ship owner and if there is damage such as repairing the ship, damaged fishing nets, leaking ships, and purchasing paint, the ship owner will also bear the damage to the ship. The contract made by the owner of the ship and the fisherman was not written but was witnessed by three witnesses.
PERDAGANGAN SKINCARE “KW” DI PASAR TRADISIONAL PONTIANAK PERSPEKTIF KOMISI FATWA MAJELIS ULAMA INDONESIA NOMOR 1 TAHUN 2003 TENTANG HAK CIPTA Noriraya, Noriraya; Sukardi, Sukardi; Bakar, Abu
Al-Aqad Vol. 2 No. 2 (2022): Al-Aqad: Journal of Shariah Economic Law
Publisher : LP2M and Shariah Faculty of The Pontianak State Institute of Islamic Studies

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-aqad.v2i2.925

Abstract

This research is prompted by the widespread of sale particularly skincare in the counterfeiting of goods or "KW". One of the historic marketplaces in Pontianak that sells a variety of skincare items is the Pasar Tengah, which is located on Jalan Kapten Marsan in Pontianak Kota. Observations led researchers to conclude that multiple Street Vendor stands in the area sold KW skincare items. This study's objective is to determine the KW skincare trading system in the Pontianak Central Market and the legal position of KW skincare trading in the Pontianak Central Market from the perspective of the Fatwa Commission of the Indonesian Ulema Council Number 1 of 2003 regarding copyright. Utilizing a sociological-empirical methodology, the research method employed is qualitative. Skincare sellers and purchasers in Pasar Tengah are the primary data sources. In the meantime, secondary data was collected from a variety of sources, including journals and Fatwas of the Fatwa Commission of the Indonesian Ulema Council, which in this instance was Fatwa Number 1 of 2003 about Copyright. The findings revealed that: 1. The sales system employed by sellers who refer to KW items with other designations, such as "Local Goods," is indicative of the dishonesty value of the trading method used for KW skincare marketed in Pontianak Central Market. The practice is founded on the importance of consumer pleasure with the immediate results of the skincare product. 2). The legal position of trade KW skincare has become void and illegitimate because it violates the Fatwa Commission of the Indonesian Ulema Council Number 1 of 2003 about Copyright.
PERLINDUNGAN HUKUM BAGI UMAT ISLAM ATAS BEREDARNYA PRODUK KECANTIKAN MENURUT UNDANG-UNDANG NOMOR 8 TAHUN 1999 Putri, Dea Ananda; Sukardi, Sukardi; Rahmiani, Nur
Al-Aqad Vol. 2 No. 2 (2022): Al-Aqad: Journal of Shariah Economic Law
Publisher : LP2M and Shariah Faculty of The Pontianak State Institute of Islamic Studies

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-aqad.v2i2.939

Abstract

The purpose of this study was to determine the public's response to information on beauty products, especially those containing glycerin and heparin sodium chemicals in beauty products and the series of processes for the circulation of beauty products containing chemicals in the community as well as legal protection for Muslims for the circulation of beauty products according to the Law Number 8 of 1999. Researchers use qualitative research methods with field research types and juridical-normative approaches as well as sociological approaches. Sources of data using primary data in the form of interviews, documentation, and observation. At the same time, secondary data is in the form of related laws, previous research, research guides, and other relevant literature. Data collection techniques are interviews, observation, and literature. While the data analysis technique, the researcher performs data reduction (reduction), data presentation, and conclusions. The results of the study show: 1) Several owners and users of beauty products need to learn about these ingredients. 2) A series of processes for the circulation of beauty products containing chemicals in the community from outside the city of Pontianak. 3) The seller does not know the content and has not been maximal in ensuring that the product is halal.
HUKUM MENYEWAKAN RAHIM MENURUT MAJELIS ULAMA INDONESIA (MUI) KALIMANTAN BARAT: - Harahap, Yeyen Raja Syah; Bakar, Abu; Hakimah, Nur
Al-Aqad Vol. 3 No. 2 (2023): Al-Aqad: Journal of Shariah Economic Law
Publisher : LP2M and Shariah Faculty of The Pontianak State Institute of Islamic Studies

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-aqad.v3i2.945

Abstract

The purpose of this research is to find out the implementation of uterine leasing, the opinion of the Indonesian Ulema Council (MUI) of West Kalimantan, and the concept of the legal basis underlying the views of the Indonesian Ulema Council (MUI) of West Kalimantan on uterine leasing. The type of research conducted to obtain the data desired by researchers using empirical field research. The research technique uses a descriptive qualitative approach. The sources used by researchers use primary data and secondary data. The techniques used to collect data are interview techniques, and documentation. Based on the research conducted by researchers, it can be concluded that; 1) The practice of renting a uterus is an activity that brings harm to the child from renting a uterus and the surrogate mother, 2) MUI West Kalimantan argues that the practice of renting a uterus is tantamount to degrading the dignity of women because it is considered the same as selling women's honor, and MUI West Kalimantan argues that renting a uterus includes adultery. 3) The basic concept and legal basis used to strengthen the opinion of MUI West Kalimantan on the issue of the practice of renting a uterus is based on Islamic law sources, namely the Qur'an, Hadith, and the consensus of the scholars.
BISNIS KULINER KONSEP ALL YOU CAN EAT PERSPEKTIF KOMPILASI HUKUM EKONOMI SYARIAH Vadila, Ersa Oktari; Ardiansyah, Ardiansyah; Hakim, Abdul
Al-Aqad Vol. 2 No. 2 (2022): Al-Aqad: Journal of Shariah Economic Law
Publisher : LP2M and Shariah Faculty of The Pontianak State Institute of Islamic Studies

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-aqad.v2i2.959

Abstract

The purpose of this study was to determine the practice of buying and selling food with the concept of all-you-can-eat at a Korean cuisine restaurant in the city of Pontianak from the perspective of the Sharia Economic Law Compilation (KHES). Researchers used qualitative research methods with a juridical-empirical approach. Sources of data using primary data in the form of interviews with restaurant managers and customers. While secondary data in the form of books, research, and compilation of sharia economic law applicable and relevant to the purpose of this study. The results showed that the practice of buying and selling food with the all-you-can-eat concept was carried out directly. The sale and purchase of food with the all-you-can-eat concept from the perspective of the Compilation of Sharia Economic Law are in accordance with Article 81 of the KHES paragraph (3) regarding the procedures for handing over goods and paragraph (2) concerning the habits and propriety of buying and selling objects. Buying and selling with the concept of all you can eat is not in accordance with Article 4 of the Law 2014, which states that products that enter, circulate, and trade in the territory of Indonesia must be certified halal. Because there are restaurants that are not yet MUI halal certified, it would be better if this concept was adapted by restaurants by prioritizing MUI halal certification. However, buying and selling food with the all-you-can-eat concept can be said to be legal and allowed in its entirety.
PRAKTIK RAHN PADA MASYARAKAT DESA SELAT REMIS KABUPATEN KUBU RAYA DALAM PERSPEKTIF KOMPILASI HUKUM EKONOMI SYARIAH Rafi'ah, Rafi'ah; Rasiam, Rasiam; Rahmiani, Nur
Al-Aqad Vol. 2 No. 2 (2022): Al-Aqad: Journal of Shariah Economic Law
Publisher : LP2M and Shariah Faculty of The Pontianak State Institute of Islamic Studies

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-aqad.v2i2.1022

Abstract

This research was motivated by an interesting phenomenon that occurred in the West Kalimantan region, especially in the Remis Strait Village area, Teluk Pakedai District, Kubu Raya Regency, namely the existence of a pawn where it contains sharia values. The practice in question is the practice of rahn among the people of Selat Remis Village from the Perspective of the Sharia Economic Law Compilation (KHES). The purpose of this study is to analyze the practice of rahn among the people of Selat Remis Village from the Perspective of the Compilation of Sharia Economic Law (KHES). This research method is qualitative with a sociological-empirical approach. The primary data sources themselves are rahin (a pawnee) and murtahin (a pawnee). Meanwhile, secondary data was obtained from various sources including books and journals. The argument of this research is that the practice of pawning that occurs refers more to the habits and traditions that apply in the community. Based on the data obtained, it can be concluded that the practice of pawning that occurs between the people of the Remis Strait only aims to help each other with the principle of kinship and mutual trust. This pawn in harmony and terms has complied with the provisions of the KHES.
MEDIA PROMOSI MELALUI APLIKASI TIKTOK DALAM PRESFEKTIF ULAMA Rukhmianti, Septiana Titin Dwi; Afwan, Arju; Hana, Kharis Fadlullah
Al-Aqad Vol. 3 No. 2 (2023): Al-Aqad: Journal of Shariah Economic Law
Publisher : LP2M and Shariah Faculty of The Pontianak State Institute of Islamic Studies

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-aqad.v3i2.1144

Abstract

This study aims to find out the opinion of NU and Muhammadiyah scholars regarding content and promotional media through the TikTok application. To find out the answer to this question, qualitative research was carried out with the type of phenomenological research using data collection through field research and some of the data was obtained through interviews and several valid sources and also some book literature. Researchers are also limited by time, place, and problems studied in the form of activity programs, individuals, and events. The subjects of this study were addressed to lecturers at IAIN Kudus, and several NU and Muhammadiyah scholars in Pati, such as Mr. Muhamat Nur Maarif, MH, Mr. H. Ahmad Lazim, Mr. KH. Ahmad Zuhri, Mr. KH Fuad, S.Pd, Mr. K. Anwar Hasim, Lc. Based on the results of this study, the authors conclude that TikTok is an application that provides unique and interesting special effects that users can use easily so they can make short videos with cool results that can be shown to friends or other users. Playing the TikTok application is legally permissible, as long as it doesn't contain disobedience, lust, and passion is not a problem. And the content in the TikTok application is positive and negative as explained by the informants, and most of the content is negative. Meanwhile, the development of promotional media using the TikTok application is developing so quickly and making it easier for online businesses, especially by making short videos of their merchandise. Promotion through the TikTok application is very effective and can be followed by other business people, especially beginners who want to start a business.
JUAL BELI PADA RESTORAN DENGAN SISTEM ALL YOU CAN EAT (AYCE) MENURUT SYAIKH PROF. DR. SA’AD ASY-SYATSRI Aziza, Muthia Nur; Hafidzi, Anwar
Al-Aqad Vol. 3 No. 2 (2023): Al-Aqad: Journal of Shariah Economic Law
Publisher : LP2M and Shariah Faculty of The Pontianak State Institute of Islamic Studies

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-aqad.v3i2.1171

Abstract

Buying and selling is something that is never separated from the needs of everyone, especially buying and selling food as a means of human survival. All You Can Eat restaurant is a restaurant or place to eat that offers food to customers/consumers with a pay-as-you-go concept can eat as much as they want within a certain time limit, meaning that each visitor to the restaurant is given the freedom to choose what type of food and how much food they want with nominal payment and time determined by the restaurant. Every food they take will not be the same portion between one another and the money that has been set. This is what causes problems related to the existence of elements of gharar or jahalah (obscurity) in such a system. A qualitative approach was used in this study by reviewing several literature reviews originating from various references as reference material in this study. Shaykh Prof. Dr. Sa'ad As-Syatsri revealed that the act was permissible and there was no problem with it because the harm that was caused was only a little and it was forgiven. It's the same as when someone wants to go to a public toilet, he will pay the fee, even though he may use a lot of water or a little.
STATUS HUKUM UPAH PEKERJA MUSLIM MEMBANGUN GEREJA MENURUT KOMISI FATWA MAJELIS ULAMA INDONESIA KABUPATEN SANGGAU Fahrezi, Ergian Ramadhan; Sulaiman, Rusdi; Fadhil, Moh.
Al-Aqad Vol. 3 No. 1 (2023): Al-Aqad: Journal of Shariah Economic Law
Publisher : LP2M and Shariah Faculty of The Pontianak State Institute of Islamic Studies

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-aqad.v3i1.1190

Abstract

Penelitian ini bertujuan untuk menganalisis jawaban atas status hukum upah pekerja muslim membangun gereja di Kabupaten Sanggau menurut Komisi Fatwa Majelis Ulama Indonesia (MUI) Kabupaten Sanggau. Penelitian ini merupakan jenis penelitian hukum empiris dengan pendekatan kualitatif serta dengan sifat deskriptif analisis. Sumber data menggunakan data primer berupa wawancara dengan informan pekerja bangunan muslim dan pengurus Majelis Ulama Indonesia (MUI) Kabupaten Sanggau sedangkan data sekunder berupa buku, jurnal, skripsi, dan artikel-artikel membahas tentang kerjasama status hukum upah pekerja muslim membangun sarana ibadah gereja. Sedangkan uji keabsahan data, peneliti hanya menggunakan triangulasi. Berdasarkan hasil penelitian dapat disimpulkan bahwa: 1) Sistem upah bagi para pekerja bangunan menggunakan sistem upah borongan dengan kesepakatan secara tertulis dan sistem upah harian dengan kesepakatan secara lisan. 2) Status hukum upah yang diterima para pihak beragama Islam yang melaksanakan kerjasama pembangunan gereja di antaranya pihak kontraktor, pihak pemborong/kepala tukang, dan pihak tukang menurut Komisi Fatwa MUI Kabupaten Sanggau adalah halal. 3) Dalil hukum yang digunakan Komisi Fatwa MUI Kabupaten Sanggau dalam menetapkan status hukum halal upah pekerja muslim membangun sarana ibadah gereja di Kabupaten Sanggau berpijak pada dalil tekstual yaitu Al-Qur’an, Sunnah, dan Qawaid Fiqhiyyah/Kaidah Fikih. Kemudian juga menggunakan dalil kontekstual yaitu dalil aqli (kondisi masyarakat yang pragmatis, sumber daya para pekerja yang tergolong rendah, dan alasan situsional) dan Tarikh Tasyri’ (istinbat hukum dari sejarah masa Sayyidina Ali dan masa KH. Hayim Asy’ari).
ANALISIS KLAUSUL PERJANJIAN TABUNGAN HAJI ANTARA NASABAH DAN BANK KALBAR CABANG SYARIAH PONTIANAK PERSPEKTIF FATWA MUI Hidayatullah, Syarif; Sulaiman, Rusdi; Rahmiani, Nur
Al-Aqad Vol. 3 No. 1 (2023): Al-Aqad: Journal of Shariah Economic Law
Publisher : LP2M and Shariah Faculty of The Pontianak State Institute of Islamic Studies

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-aqad.v3i1.1192

Abstract

The purpose of this research is to determine the content of the Hajj savings agreement clause between customers and Bank Kalbar Pontianak Syariah Branch. This research uses legal research methods and normative research types using library data collection methods. Research data sources are primary and secondary. Data collecting techniques are bibliography study, document study, and documentation. Data analysis techniques use contract interpretation and systematization techniques. According to the results of the research conducted, the researcher can conclude that: 1) In the content of the Hajj Savings Agreement clause between the customer and Bank Kalbar Syariah Branch Pontianak, which contains the content of the Hajj Savings Agreement clause regarding the rights and obligations between the customer and the bank. 2) The basis for the preparation of the contents of the Hajj Savings Agreement Clause at the Pontianak Syariah Branch of Bank Kalbar, namely with reference to the DSN-MUI Fatwa, POJK No.13 / POJK.03 / 2021 on the implementation of commercial banking products, and Law No. 21 of 2008 on Islamic Banking 3) As for the analysis of the contents of the Hajj savings agreement clause between the customer and Bank Kalbar Syariah Branch Pontianak, overall the contents of the clause are consistent and in accordance with the provisions of the DSN-MUI fatwa.

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