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Journal : Dusturiah : Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial

SELL AND BUY TRANSFER OF MOTORCYCLE WITH ADVANTAGES OF A MUAMALAH FIQH PERSPECTIVE (Case Study In Ingin Jaya Districts Aceh Besar District) Deddy Yusuf; Saifuddin Sa'dan; Azka Amalia Jihad
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 11, No 1 (2021)
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v11i1.8314

Abstract

Buying and selling over motorcycle financing with profits in the District of Ingin Jaya, namely by transacting motorbikes that are still in financing by obtaining profits and this has become a habit for the people of the Ingin Jaya community. for this reason, the sellers and buyers need to know how the practice of buying and selling over motorcycle financing with profits that are in accordance with the perspective of the sale al-ba’i and hiwalah. In this study the authors used a descriptive analysis research method based on data obtained from interviews with Yamaha Sales Executive, Second Motorbike business owner Umar Matang and buyers from the general public which included transaction procedures and understanding in the agreement to set prices until the transfer was made. The results show the agreement between the seller and the buyer is based on a sense of willingness and an element of help on the condition that the leasing company that provides financing know and approves the transfer is made. And the buyer of the transferred motorbike of the Financing negotiates the transfer price with the first owner and later the buyer of the second motorbike will continue the remaining deposit. From the perspective of the Hiwalah and al-ba'i and Al-Milk At-Tamm contracts, the transfer and sale and purchase transactions that occur are very much in accordance with the concept of Hiwalah, al-ba'i, and complete ownership requirements (Al-Milk At-Tamm) in fiqh muamalah, and also the profits obtained are considered legitimate in buying and selling because the profits are obtained from goods that have clear ownership and are known between the two so that neither party is injured. The transaction has also become a good habit for the people of the District of Ingin Jaya.
EPISTEMOLOGY OF THE FI'L HADITH AS A PROPOSAL AGAINST MINIMUM NUMBER OF FRIDAY CONCLUSIONS Saifuddin Sa'dan; Fadli Ibrahim
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 12, No 1 (2022)
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v12i1.13270

Abstract

Friday prayer is one of the obligations carried out by Muslims on every Friday. The implementation was carried out in a place known as a mosque. Friday prayers are considered valid if they meet the criteria set by the scholars based on what has been done by the Prophet Muhammad. One of the conditions for a valid Friday is the presence of a congregation of at least forty people. This opinion is held by the Shafi'iyyah. They require the validity of Friday with a congregation of at least forty people. They based it on the actions of the Prophet. (hadith fi'lī) who performed the first Friday with forty people, so that the hadith was used as a proof for the validity of Friday by a minimum congregation of forty people. Therefore, the question arises, how can the epistemology of the fi'lī hadith be used as a mandatory law maker? This is because the fi'l hadith is usually only applied to recommended laws (circumcision). After further investigation, it was found that the Shafi'iyyah made the fi'lī hadith of the Prophet SAW. Those who performed Friday prayers with the number of worshipers at Friday prayers were forty people using the rule that the Prophet's actions were an explanation of the procedures for the Friday prayers themselves, so that the procedures were performed by the Prophet. be mandatory too. In addition, there is no qawl hadith that provides a different explanation from the fi'lī hadith. Therefore, making the fi'lī hadith as a proof for the validity of a worship is considered permissible as long as there are no other arguments against it. The Shafi'iyyah circles make forty as the minimum number of worshipers at a Friday prayer, so Friday is considered invalid if the number of worshipers is less than forty people.