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STRATIFIKASI AKAD KEPEMILIKAN HARTA SEBAGAI SOLUSI PROBLEM PEMBAGIAN HARTA PASCACERAI Indah Puspitasari; Iza Hanifuddin
Tafáqquh: Jurnal Penelitian Dan Kajian Keislaman Vol. 11 No. 1 (2023): Juni
Publisher : INSTITUT AGAMA ISLAM BANI FATTAH (IAIBAFA)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52431/tafaqquh.v11i1.1168

Abstract

When a husband and wife are separated, either by way of divorce or one of the spouse died, one of the problems that arises is the dispute over the ownership of treasure. Because of these disputes, conflicts, quarrels, hostilities certainly occur, not even rarely to the point of having to be brought to justice. So, in this article will be presented the results of analysis related to the phenomenon and offer alternative solutions that can be used. This study uses a library research method, with a phenomenological qualitative approach. The result of the analysis is that the diversity of understanding of treasure after marriage, culture and customs in each family, makes a variety of understandings of the contract of ownership of treasure between husband and wife in society. The problems that arise are expected to be anticipated by using the contract stratification approach. For families that have no problem in harmony, the contract of ownership of treasure between husband and wife can use the usual contract, gestures, deeds and oral. For families that are considered prone to conflicts of treasure (have many assets, there are family members who are greedy with treasure, have few assets but are prone to conflict) can use a written contract. However, if you want to minimize the risk of problems or problems in the future, then the husband and wife can contract ownership of treasure through a notary or written by themselves with a stamp and signed by two male witnesses (under the hand), in accordance with QS. al-Baqarah verse 282. This is done as a precautionary step (ihktiyati). So that if unwanted things happen, the recording can be used as evidence of legally valid ownership
Keabsahan Akad Jual Beli Terhadap Kebutuhan Pokok Masyarakat Era 5.0 di Tiktok Shop Eka Rahayu Puspita Ningrum; Iza Hanifuddin
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 2 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i2.3044

Abstract

Along with technological advances, it has a full impact on changes in civilizational lifestyles. Humans seem to be required to live in an instant world. Even cruelly, humans are served with various conveniences to achieve every desire they have without having to know about the meaning of social life. In this 5.0 era, Tiktok Shop is present as one of the days of technology organizationwith the sophistication of various features to make it easier for everyone to achieve their wants and needs efficiently and effectively. However, it is not uncommon to find cases that bring a ratan to every circle. Such as fraud committed to objects of interest because transactions are carried out in cyberspace. With phenomenal research methods and descriptive research on these problems, researchers conducted a study on the validity of buying and selling contracts on one of the Tiktok Shop platforms based on Islamic law. The results of this study show that in Islamic sharia, the buying and selling contract on the Tiktok Shop platform is valid because it can fulfill the pillars in the buying and selling contract. However, the level of validity does not guarantee the security of business transactions on the platform.