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All Journal Islam Futura LEGITIMASI: Jurnal Hukum Pidana dan Politik Hukum SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam As-Siyadah: Jurnal Politik dan Hukum Tata Negara JURISTA : Jurnal Hukum dan Keadilan
Safira Mustaqilla
Universitas Islam Negeri Ar-Raniry Banda Aceh
Religion Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : JURISTA : Jurnal Hukum dan Keadilan

 1 
THE LAW OF CASH PAYMENT ACCORDING TO SHARIA ECONOMIC LAW: A Study of Building Tool Shops In Shiah Kuala Sub-District Banda Aceh Muhammad Ikram; Safira Mustaqilla; Riadhus Sholihin
JURISTA: Jurnal Hukum dan Keadilan Vol. 4 No. 1 (2020): JURISTA: Jurnal Hukum dan Keadilan
Publisher : Centre for Adat and Legal Studies of Aceh Province (CeFALSAP)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.1234/jurista.v4i1.14

Abstract

UD Banda Electric building shop and Raseuki Ilham building shop are building shops in the Syiah Kuala sub-district of Banda Aceh City that use the cash tempo payment system. In the sales practices of the two building shops, there is uncertainty about the price of the time the price of goods increases from the original price so that it is at risk of buyer losses. This study aims to see how the practice of buying and selling by means of cash tempo at building stores in the Syiah Kuala sub-district of Banda Aceh, according to fiqh muamalah. The type of research is qualitative research research. Data collection techniques in this study were carried out by means of interviews and observations. The results of the study found that the sale and purchase system that uses cash tempo payments at the two building stores contains elements of gharar or uncertainty. This makes the legal requirements of buying and selling not fully fulfilled because there is a defect in the conditions, namely in the uncertainty of the price of goods. This uncertainty is found in the increase in the price of goods determined so that the seller does not suffer losses. The increase in the price of the goods is not certain to increase, but the seller still raises the price. So in this case the sale and purchase practices carried out in the two building shops have not fulfilled the legal requirements of buying and selling.
THE SALE AND PURCHASE OF FURNITURE WITH ISTISNA' CONTRACT ACCORDING TO ISLAMIC LAW: A Case Study in Sukakarya Sub-District, Sabang Aris Munandar; Safira Mustaqilla
JURISTA: Jurnal Hukum dan Keadilan Vol. 6 No. 1 (2022): JURISTA: Jurnal Hukum dan Keadilan
Publisher : Centre for Adat and Legal Studies of Aceh Province (CeFALSAP)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.1234/jurista.v6i1.18

Abstract

The sale and purchase of furniture in Sukakarya Subdistrict, Sabang is generally carried out by means of an order (istiṣnā'). The problems in this study are how the practice of buying and selling furniture in Sukakarya Subdistrict, Sabang, and how Islamic Law views the delay in the delivery of goods in the istiṣnā' contract in buying and selling furniture in Sukakarya Subdistrict, Sabang. The results of this study show that order buying is permissible as long as all the conditions and pillars are fulfilled. The delay in delivery of goods in the sale and purchase of furniture in Sukakarya Subdistrict, Sabang is a violation of the sale and purchase agreement. The sale and purchase agreement is clear and agreed upon by both parties, but one of the parties, namely the seller, does not fulfil his obligations (does not deliver the goods at the specified time). According to Islamic law in this sale and purchase, the seller is obliged to deliver the goods even if he has to delay it temporarily. Delaying the delivery of goods is allowed if the person is in a difficult situation, then a time limit can be given according to the agreement.
RISK COVERAGE FINES FOR MURABAHA FINANCING AT PT. FEDERAL INTERNATIONAL FINANCE BANDA ACEH BRANCH Safira Mustaqilla; Miftahul Jannah; Shabarullah
JURISTA: Jurnal Hukum dan Keadilan Vol. 3 No. 2 (2019): JURISTA: Jurnal Hukum dan Keadilan
Publisher : Centre for Adat and Legal Studies of Aceh Province (CeFALSAP)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.1234/jurista.v3i2.34

Abstract

This article aims to examine the concept of fines on credit financing using the Murabahan contract at PT Federal International Finance Banda Aceh Branch, Indonesia. The research approach used is conceptual and legislative approach, the type of research used is normative juridical. The results showed that the basis for determining the penalty imposed by PT FIF based on fatwa NO.17/DSN-MUI/IX/2000 is because the debtor is able to make payments but delays payment, this aims to deter the debtor in default. Then from its practice in taking profits it does not use interest but PT FIF tells the amount of profit margin obtained by PT FIF as the financing party, the amount of margin in this case has certainly been agreed by both parties in the agreement, but the fine at PT FIF has been applied at the beginning of the contract which makes the fine haram because it does not meet the requirements of the scholars' opinions in Fiqh Muamalah that fines cannot be required at the beginning of the contract.
Co-Authors Aris Munandar Juliani Miftahul Jannah Muhammad Ikram Murdan Murdan Riadhus Sholihin Shabarullah