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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 94 Documents
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MEMBER CARD SEBAGAI ALAT PEMBAYARAN DI ALFAMART KOMYOS SUDARSO PERSPEKTIF HUKUM ISLAM Nursafitri, Melisa; Ma'u, Dahlia Haliah; 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.v3i2.1956

Abstract

This study aims to determine the practice of buying and selling using a member card at Alfamart Komyos Sudarso from the perspective of Islamic law. This study used a qualitative research method with a type of field research and a normative-empirical research paradigm. The data sources included interviews with Alfamart employees and consumers who use a member card. Secondary data was obtained through primary legal materials, namely KHES, the Quran, and Hadith, and secondary legal materials such as books, journals, and scientific works. Data collection techniques included observation, interviews, and documentation. The findings of the study: 1) The practice of buying and selling using a member card at Alfamart Komyos Sudarso is such that consumers who want to register as members must fulfill certain conditions. Buyers can use the card, show it to the cashier, and scan the barcode. Consumers can earn points and discounts. Each consumer who uses this card will receive 1 point valued at IDR 200.00. 2) The Islamic legal review of the buying and selling using a member card at Alfamart Komyos Sudarso explains that the use of this card does not involve coercion because consumers who wish to register do so voluntarily. In buying and selling, it is necessary to meet the principles of trading so that transactions follow Islamic law.
ANALISIS PERJANJIAN JUAL BELI DI FACEBOOK PONTIANAK INFORMASI PERSPEKTIF DEWAN SYARIAH NASIONAL MAJELIS ULAMA INDONESIA NO: 75/DSN/MUI/VII/2009 Hadromi, Imam; Syahbudi, Syahbudi; Rahmiani, 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.v3i2.1958

Abstract

The purpose of this research is to determine the buying and selling transactions, especially regarding mobile phones, carried out by sellers and buyers on Facebook Pontianak Informasi, considering the discovery of fraud issues therein. This study uses a qualitative method with a normative legal research type. The main data sources include interviews with the admin of Pontianak Informasi, sellers, and buyers. Meanwhile, secondary data used include primary legal materials such as the Fatwa of DSN-MUI No: 75/DSN MUI/VII/2009 and other materials such as books, journals, theses, and articles. The data collection techniques employed are interviews and documentation. Data analysis used a descriptive-qualitative approach through a series of activities including data collection, data reduction, data presentation, and conclusion drawing. The research findings indicate the following: 1) Buying and selling on Facebook Pontianak Informasi serves as a means for the Pontianak community and the surrounding area to carry out transactions with ease and competitive prices compared to other marketplaces. 2) Pontianak Informasi has a buying and selling mechanism through online advertisements and searching for information related to the transaction process. 3) The DSN-MUI Fatwa cannot be used absolutely to judge all transactions that take place on Facebook Pontianak Informasi because not all sellers violate this fatwa.
ASPEK HUKUM ISLAM DALAM PENGELOLAAN MAKAM ULAMA SEBAGAI DESTINASI WISATA RELIGI DI BATU LAYANG PONTIANAK Marhaban, Marhaban; Achmad, Firdaus; Bakar, Abu
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.v3i2.1960

Abstract

This research aims to analyze the development of Batu Layang tomb from a pilgrimage center to a religious tourism destination and how the aspects of Islamic law in the management of ulama tombs as religious tourism destinations in Pontianak City. This type of research is field research with qualitative methods and a juridical-empirical approach. The research data source uses primary data in the form of interviews with religious leaders of MUI West Kalimantan while secondary data is in the form of journals, books, theses, and articles related to legal aspects in the management of ulama tombs. The researcher concluded that: 1) The development was also promoted in online media and received many visits in various regions. This was followed by changes in the governance of Batu Layang and the emergence of local businesses. At that limit, Batu Layang opened up jobs and economic activity. This economic development is one of the objectives of RI Law No. 10/2009 and the interests of the Pontianak local government. 2) The aspect of Islamic law in the management of Batu Layang's tomb as a religious tourism destination is considered valid by MUI religious leaders.
KETERWAKILAN PEREMPUAN DALAM PANGGUNG POLITIK SEBAGAI BENTUK AFIRMASI Haswin, Ferdy Hasan; Salszhabila, Salszhabila; Haswin, Ferry Harry
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.v3i2.2431

Abstract

The representation of women in the political arena, which has now become a matter of public and government concern, should be at least 30% within Political Parties. The law governing the representation of women in Political Parties is contained in Article 173 paragraph (2) letter e of Law Number 7 of 2017 concerning General Elections, which has been amended to Government Regulation instead of Law Number 1 of 2022. This article mandates that the representation of women in political parties must meet a 30% quota. Therefore, the author investigates this study related to the importance of women's representation in the political arena because there are so many female participants fighting for their rights. The patriarchal paradigm creates a social structure based on gender, where men are considered to have power in the public sphere, while women are deemed to have a natural place in the domestic realm of the family. Hence, the author's recommendation from the results of this study is to eliminate such assumptions to achieve gender equality. Indonesia is a country that supports and promotes gender equality.
FENOMENA TOP UP DIAMOND GAME FREE FIRE BAGI ANAK YANG BELUM BALIGH DALAM PERSPEKTIF MAQASHID ASY-SYARIAH DI KECAMATAN PONTIANAK BARAT Febriyadi, Muhammad Rezeki; Bakar, Abu; Suhardiman, Suhardiman
Al-Aqad Vol. 4 No. 1 (2024): 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.v4i1.2370

Abstract

This study aims to analyze the phenomenon of Top Up Diamond in the Free Fire game from the Maqashid Asy-Syariah perspective in the West Pontianak District. This research uses a qualitative approach with interview and observation techniques as data collection methods. Respondents in this study are Free Fire game players who do diamond top-ups in the West Pontianak District. The results of the study show that the Top Up Diamond phenomenon can be seen as an act that violates the principles of Maqashid Asy-Syariah, especially the principle of guarding wealth. This research recommends the need for intensive education for users or parents about Maqashid Asy-Syariah so that children are more directed in their lives.
UPAH JASA TENAGA PEKERJA MUSLIM DALAM PERAYAAN CAP GO MEH PERSPEKTIF KETUA UMUM MAJELIS ULAMA INDONESIA KOTA SINGKAWANG Doni, Adi Rahman; Bakar, Abu; Fadhil, Moh
Al-Aqad Vol. 4 No. 1 (2024): 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.v4i1.2400

Abstract

This research aims to find out how is the implementation of Muslim labor services in the Cap Go Meh celebration in Singkawang City and the law of wages for Muslim labor services in the Cap Go Meh celebration from the perspective of the Indonesian Ulema Council of Singkawang City. Based on the above objectives, this research uses qualitative types of legal research with a normative-empirical approach, and the sources used are primary data sources obtained directly from the wage giver and the Indonesian Ulema Council of Singkawang City, then secondary data sources from books, journals, theses and documents related to the formulation of the problem being studied. The results showed: The form of implementation of wages for labor services in the Cap Go Meh celebration where there are 3 types of labor needed, namely flag bearers, stretcher bearers, and music players and the time of work is 2 days on the day of street washing on the 14th day of the Lunar New Year and the peak of the Cap Go Meh event on the 15th day of the Lunar New Year for the Chinese community; That according to the Indonesian Ulema Council of Singkawang City, the law of wages for Muslim labor services in the Cap Go Meh celebration is permissible as long as it is not directly related to religious rituals such as photographers, food and beverage vendors, makers of spectator benches, the law is permissible.
PENDEKATAN KEKELUARGAAN DALAM AKAD SEWA MENYEWA LAHAN PERTANIAN DI KALANGAN MASYARAKAT KELURAHAN SETAPUK BESAR SINGKAWANG UTARA Nurhidayati, Syssy; Achmad, Firdaus; Anggriana, Anggita
Al-Aqad Vol. 4 No. 1 (2024): 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.v4i1.2484

Abstract

The purpose of this research is to find out the practice of leasing agricultural land among the people of Setapuk Besar Village, North Singkawang. In addition, researchers reviewed the ijarah contract regarding the practice of leasing agricultural land among the people of Setapuk Besar Singkawang Utara Village. This type of research is field research with a qualitative-descriptive method and uses a normative-sociological approach. This research uses observation techniques to the research location, namely in Setapuk Besar Singkawang Utara Village, interviewing agricultural land owners and agricultural land tenants and conducting documentation. The tools used are in the form of interview guidelines and documentation obtained using cell phones and other supporting tools. Primary data sources were obtained from interviews with resource persons while secondary data sources were obtained from literary references. The data validity checking technique used is source triangulation, which is a technique of checking data through several sources. The results of this study indicate that the implementation of agricultural land leasing carried out by the community with a family approach includes leasing with a profit-sharing system, but in practice, the rental payment is not emphasized by the landowner so the land tenant tends to ignore the rental payments that have been agreed upon at the beginning. Based on Islamic law, the rental practices carried out are not yet appropriate because the renting parties tend not to fulfil the agreement. There is a discrepancy in payment and rental activities carried out so it does not fulfil the provisions of the ijarah contract which uses the harvest in the form of rice.
SISTEM SMART PARKING DI GAIA MALL KUBU RAYA MENURUT KHES PASAL 305 DAN UU PERLINDUNGAN KONSUMEN NO 8 TAHUN 1999 Nawansari, Rada; Rahmat, Rahmat; Fadhil, Moh
Al-Aqad Vol. 4 No. 1 (2024): 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.v4i1.2634

Abstract

The purposes of this study are to find out how the smart parking system is at Gaia Kubu Raya Mall based on KHES article 305 and to find out the smart parking system at Gaia Kubu Raya Mall according to Consumer Protection law number 8 of 1999. The approach that researchers use is a qualitative approach and Juridical Sociological Law. A qualitative approach is research that emphasizes aspects of deepening data in order to obtain quality results of a study. In this study a qualitative approach was used to gather data or information related to the smart parking system at Gaia Kubu Raya Mall. The research results show that the smart parking system according to KHES article 305 is declared invalid because there are conditions that have not been met, namely in a clear description of the goods (size, quantity, shape, etc). business actors do not explain how the smart parking system works so that disadvantaged consumers because the smart parking card work system requires to top up the balance once a month in the amount of IDR 35,000 and the balance will continue to run out whether used or not used with a time limit of one month and the next month continue to fill the balance as usual. smart parking system according to Consumer Protection Act No.8 of 1999 is said to be null and void because the business actor includes a standard clause in the smart parking system so that consumers are harmed.
KHIYAR DALAM JUAL BELI MOTOR BEKAS DENGAN SISTEM BELUKAR DI DESA AMBAWANG KUALA Iwan, Muhammad; Fahmi, Moch Riza; Suhardiman, Suhardiman
Al-Aqad Vol. 4 No. 1 (2024): 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.v4i1.2710

Abstract

This study aims to determine the practice of buying and selling used motorcycles with the exchange system and the practice of khiyar buying and selling used motorcycles with the exchange system in Ambawang Kuala Village. This research uses qualitative methods with empirical normative research. The data source uses primary data in the form of interviews with informants, namely sellers and buyers, while secondary data is in the form of books, journals, theses and related articles that discuss the sale and purchase of used motorcycles with the exchange system and as reinforcement for data collection. Data collection techniques are observation, interviews and documentation. The technique of checking data validity is by triangulation. Data analysis techniques are data collection, data reduction, data presentation and drawing conclusions. The results showed that in the practice of buying and selling used motorcycles that occurred in the field when researchers found an element of uncertainty about the used motorcycle caused by the seller himself, namely not saying and explaining in detail about the goods being traded which resulted in losses for consumers. In terms of sharia economic law, the used motorcycle trading system is in line with the concepts contained in khiyar majlis, khiyar 'aib and khiyar conditions because when the goods have defects, they can be returned on condition that the time has been determined by the exchange. There is only one motorcycle exchange that is not in accordance with khiyar syarat, where the goods have defects and can be returned unconditionally.
JUSTIFIKASI HUKUM PADA AKTIVITAS KELOMPOK ARISAN PERSATUAN DI DESA PENIRAMAN KECAMATAN SUNGAI PINYUH KABUPATEN MEMPAWAH Salsabila, Salsabila; Fahmi, Moch. Riza; Anggriana, Anggita
Al-Aqad Vol. 4 No. 1 (2024): 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.v4i1.2713

Abstract

The study aims to reveal Legal Justifications for the Get-Together Tradition Group Activities in Peniraman Village, Sungai Pinyuh District, Mempawah Regency. This research aims to find out: 1) The views of the people of Peniraman Village, Sungai Pinyuh District, Mempawah Regency regarding the tradition of the get-together group. 2) Justification of the law of the get-together tradition in Peniraman Village, Sungai Pinyuh District, Mempawah Regency. This research is a type of empirical normative research with a qualitative approach, while data collection techniques use primary data, namely observation, interviews, and documentation. Data collection tools used by the researcher are interview guides, paper stationery, and electronic devices. Meanwhile, data analysis techniques and concluding testing data validity use member-check. The results of the research show that: 1) The society of Peniraman Village considers the get-together group as a tradition that must be preserved because it contains positive things such as always maintaining friendly relations and the feeling of mutual help that is generated by the group tradition in Peniraman Village. 2) Because this group is well known by the public and does not conflict with the postulates of Sharia'. In terms of the validity of the get-together group, it is included in permissible transactions (permissible) to be carried out because there is an element of mutual help in it and there are no elements of usury or maisir that arise in the get-together group contract in Peniraman Village.

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