AL - BAY' : Jurnal Hukum Ekonomi Syariah最新文献

{"title":"TINJAUAN FIQH MUAMALAH TERHADAP PRAKTIK JUALBELI TELUR TUNTONG LAUT (BATAGUR BORNEONENSIS)","authors":"Mayda Mayda","doi":"10.32505/albay.v1i1.3103","DOIUrl":"https://doi.org/10.32505/albay.v1i1.3103","url":null,"abstract":"The sale and purchase of Tuntong Laut eggs that occurred in Pusung Kapal Village, Kec. Seruway is done for the use of ingredients for making srikaya jam. This sale and purchase is a violation of laws that have been set by the government and can cause damage to nature and is contrary to the principles of muamalah. The title of this research is “Review of Muamalah Fiqh Against the Practice of Selling and Buying Sea Tuntong Eggs (Batagur Borneonsis) in Pusung Kapal Village, Kec. Seruway” With the formulation of the problem is (1). How is the practice of buying and selling Tuntong Laut (Batagur borneoensis) eggs in Pusung Kapal Village, Kec. Seruway? (2) How is the Fiqh Muamalah review of the practice of buying and selling eggs of Sea Tuntung (Batagur Borneoensis) case study in Pusung Kapal Village, Kec. Seruway? Based on the results of this study, it can be concluded that (1) The practice of buying and selling Tuntong Laut eggs is prohibited according to Fiqh Muamalah because the Rukuns and conditions of sale and purchase are not fulfilled, such as: the goods are not owned by themselves, but belong to the state whose species are protected. immediately when Ijab and Qabul or the goods are not in hand, and do not meet Sharia principles, such as bringing harm, destroying the ecosystem of protected animals and containing elements of gharar. (2) Buying and selling of Tuntong Laut eggs in Pusung Kapal Village, Kec. Seruway That there is a practice of buying and selling rare animals, in which the sale and purchase is not accompanied by a permit from the competent authority.","PeriodicalId":301953,"journal":{"name":"AL - BAY' : Jurnal Hukum Ekonomi Syariah","volume":"473 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115871115","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Jual Beli Kepiting Ditinjau Dari Sad Adz Dzariah Dan Peraturan Menteri Kelautan Dan Perikanan Republik Indonesia Nomor 12 Tahun 2020","authors":"Mustafa A. Mustafa","doi":"10.32505/albay.v1i1.3104","DOIUrl":"https://doi.org/10.32505/albay.v1i1.3104","url":null,"abstract":"In the practice of buying and selling crabs in the village of Meunasah Paya, the fishermen sell all the crabs they catch without sorting them out, whether they are small, large, laying eggs or not, and this is not in accordance with Permen KP number 12 of 2020 which only allows crabs above. 150 grams and crabs that are not in egg-laying condition. The formulation of the research problem is how the practice of buying and selling crabs in Meunasah Paya village, Manyak Payed district, Aceh Tamiang district and how is Sad Adz Dzariah's review and Regulation of the Minister of Maritime Affairs and Fisheries of the Republic of Indonesia Number 12 of 2020 on the practice of buying and selling crabs in Meunasah Paya village, Manyak Payed district, Aceh district Tamiang. The purpose of the study was to find out the practice of buying and selling crabs in Meunasah Paya village as well as a review of Sad Adz Dzariah and KP Ministerial Regulation number 12 of 2020 on the practice of buying and selling crabs in Meunasah Paya village, Manyak Payed district, Aceh Tamiang district. This research includes field research (Field Research) with qualitative descriptive analysis method. The results of the study concluded that in Meunasah Paya village, crab fishermen sell all the crabs they catch to collectors without looking at the standardization of Ministerial Regulation No. 12 of 2020 which has been determined whether large or small crabs, laying eggs or not, will still be sold to collectors. According to sad adz dzariah, the law of buying and selling crabs in Meunasah Paya village is divided into two, namely some are prohibited because they are not in accordance with the candy and this will damage the crab population in nature and some are not prohibited. Meanwhile, according to Permen KP Number 12 of 2020, the sale and purchase of crabs in the village of Meunasah Paya is also divided into two, namely, some are appropriate and some are not.","PeriodicalId":301953,"journal":{"name":"AL - BAY' : Jurnal Hukum Ekonomi Syariah","volume":"89 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117039916","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Jual Beli Ampas Tahu Untuk Pakan Ternak Babi Di Pabrik Tahu Telaga Meuku Dua Tinjauan Sadd Adz-Dzariah","authors":"Reza Syahputera","doi":"10.32505/albay.v1i1.3105","DOIUrl":"https://doi.org/10.32505/albay.v1i1.3105","url":null,"abstract":"This study aims to examine Sadd Adz-Dzariah's review of the sale and purchase of tofu dregs for pig feed. This research is a field research that uses a normative-qualitative approach. This research was conducted in Telaga Meuku Dua Village, Banda Mulia District, Aceh Tamiang Regency, In this study, data analysis began by collecting all data obtained from the observation and interview process. other sources. Then the data collected is studied and understood whether it is as expected. After the data is studied, make a brief description and relate it using the theories that will be presented in the next chapter. What has been compiled is compared with one another, then a conclusion is made which is the final stage in data analysis regarding the sale and purchase of tofu dregs for pig feed at the Meuku Lake tofu factory. The results showed that the sale and purchase of tofu dregs for pig feed at the tofu factory in Telaga Meuku Dua village was included in the category of prohibited trading. Due to the utilization of the tofu dregs it is used as pig feed. Islam has strictly prohibited the use of pork. Thus, in Islamic law the act of buying and selling tofu dregs for pig animal feed is also prohibited because it includes Sadd adz-Dzari'ah which blocks the way of wrongdoing in the sale and purchase of tofu dregs for pig animal feed. and prohibited. Buying and selling tofu dregs for pig feed.","PeriodicalId":301953,"journal":{"name":"AL - BAY' : Jurnal Hukum Ekonomi Syariah","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114837917","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"MEKANISME MAWAH SAPI DI DESA DAMAR CONDONG DALAM TINJAUAN KONSEP PEMBIAYAAN MUDHARABAH","authors":"Desi Diana","doi":"10.32505/albay.v1i1.3107","DOIUrl":"https://doi.org/10.32505/albay.v1i1.3107","url":null,"abstract":"The practice of mudharabah financing in the management of cow mawah that occurs in the Damar Condong village community is the capital provided by shahibul maal in the form of goods (cows). Then the cow is given to mudharib. Mudarib is responsible for the care of the cows given to him. The results obtained from raising cattle are divided equally, namely 50:50. But when the cow is lost, the risk is fully borne by the mudharib, Shahibul Maal insists on giving the responsibility without exception. The formulation of the problem in this study are: 1. What is the Mechanism of Mawah Sapi in Damar Condong Village? 2. What is the Mawah Sapi Mechanism in Damar Condong Village in Reviewing the Mudharabah Financing Concept? The objectives of this study are: 1. To determine the mechanism of Mawah Sapi in Damar Condong Village. 2. To find out the Mawah Sapi Mechanism in Damar Condong Village in the Review of the Mudharabah Financing Concept. This research is a field research that uses a normative-qualitative approach. A normative procedure is a research that has a legal object, whether law as a science or dogmatic or legal rules relating to the attitudes and lives of citizens. On the other hand, qualitative research is used as a research study procedure to create descriptive information in the form of written or spoken words from people or behaviors that are observed directly in the field. The results of the research on mudharabah mawah cattle financing conducted by the people of Damar Condong Village did not work properly or did not comply with the mudharabah financing rules. First, the capital provided is in the form of goods because there is no element of trust and full willingness when the capital provided is in the form of cash, secondly, the mudharib is obliged to fully compensate if the cow that was offered to him is lost, even though the loss of the cow is not the negligence of the mudharib. The policy made by Shahibul Maal in Damar Condong Village also violates the fatwa of DSN-MUI 07/DSN-MUI/IV/2000 concerning Mudharabah Financing, that is, Shahibul Maal is obliged to bear the risk if the loss of the item is not due to mudharib's negligence.","PeriodicalId":301953,"journal":{"name":"AL - BAY' : Jurnal Hukum Ekonomi Syariah","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122720036","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"TINJAUAN FIQH MUAMALAH TERHADAP JUAL BELI SUKU CADANG BEKAS SEPEDA MOTOR","authors":"Yuda Yuda","doi":"10.32505/albay.v1i1.3106","DOIUrl":"https://doi.org/10.32505/albay.v1i1.3106","url":null,"abstract":"When consumers repair motorbikes at the Desa Wage workshop, many employees take the spare parts and resell them such as chains, batteries and other spare parts that can still be repaired. From the used spare parts collected without the permission of the owner of the used spare parts, the perpetrators sell them to other consumers for reuse at a lower price. The formulation of the problem in this study is how the practice of buying and selling used spare parts at the Village Workshop of Upah Subdistrict, Bendahara District, Aceh Tamiang Regency and how is the Fiqh Muamalah review of the practice of buying and selling used spare parts in the Workshop of Upah Village, Bendahara District, Aceh Tamiang Regency. This research includes field research conducted on workshop employees and consumers in Upah Village, Bendahara District, Aceh Tamiang Regency. The type of research in this research is sociological normative which is carried out by looking at the facts that occur in the field related to legal aspects in social interactions in society. Data collection methods are observation, unstructured interviews and documentation. From the results of the study, the researcher concludes that in the practice of buying and selling used spare parts, consumers are given the option when repairing vehicles, namely with new or used spare parts. used spare parts are obtained from the property of consumers where the damaged spare parts have been replaced with new ones and the damaged spare parts are taken by the employee without asking the consumer and repaired by the employee and resold. The sale and purchase of used motorcycle spare parts in the workshop of Upah Village, District Treasurer, Aceh Tamiang Regency. In terms of Fiqh muamalah, the sale and purchase of used motorcycle parts is not allowed, because the used spare parts are not the property of the employee but rather the property of the consumer. The ownership has not yet been transferred to the employee, because there is no one of the reasons for ownership.","PeriodicalId":301953,"journal":{"name":"AL - BAY' : Jurnal Hukum Ekonomi Syariah","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114435179","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}