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Journal : Al-Istinbath: Jurnal Hukum Islam

Jual Beli Tanaman Monstera Adansonii di Indonesia Perspektif Hukum Islam Busra Febriyarni; Miti Yarmunida; Musda Asmara
AL-ISTINBATH : Jurnal Hukum Islam Vol 6, No 1 May (2021)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (339.411 KB) | DOI: 10.29240/jhi.v6i1.2469

Abstract

This study aims to analyze the sale and purchase of Monstera Adansonii plants in Indonesia according to Islamic law. This research is motivated by a phenomenon that occurs in Indonesian people buying and selling ordinary ornamental plants Monstera Adansonii at fantastic prices, even though these plants are not difficult to obtain, are not difficult to maintain, nor do they have extraordinary intrinsic value. The phenomenon of soaring crop prices is influenced by inflated prices by unscrupulous sellers and several parties they cooperate with and use good strategies so that the price of this plant soars (irrational). This study used a qualitative descriptive method, the data sources used were phenomena that occurred in the field and some news on the internet about the phenomenon of buying and selling Monstera Adansonii plants, the data analysis used deductive analysis. The result of this research is the sale and purchase of Monstera Adansonii plants which contain elements of fasid legal price engineering, even though they meet the principles and requirements of buying and selling in Islam, because there is an element of fraud by manipulating prices. This buying and selling includes buying and selling which is prohibited in Islamic law because it is included in the sale and purchase of najasy. From the maqashid syari’ah, buying and selling of monstera adansonii plants is included in the necessity of tahsiniyayyat, because this sale and purchase is not to meet primary or secondary needs and is in the ishraf category (excessive attitude in spending assets).
Kedudukan Talak di Pengadilan Perspektif Siyasah Syariyah Miti Yarmunida; Busra Febriyarni
AL-ISTINBATH : Jurnal Hukum Islam Vol 4, No 2 November (2019)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (464.113 KB) | DOI: 10.29240/jhi.v4i2.1020

Abstract

The purpose of this discussion is to describe the analysis of siyasah shariah for divorce in court. The understanding is still developing in Indonesian religious and Muslim community figures that divorce is not mandatory in court, divorce in court is only for administrative needs. This research is explanatory research, the source of the data used is library data, data processing by editing, coding, reconstructing and systematizing and analysis using deductive logic. The result of this discussion is that the state has the authority to set regulations that can bring benefit to its people even though explicit divorce in court is not found in Islamic legal norms. But every regulation that is believed to be able to uphold the benefit and reject the interpretation is the implementation of the values of Islamic teachings. The state makes legal rules in marital affairs is to realize justice, certainty and legal benefits for the benefit of society in the field of marriage and in accordance with sharia maqashid.