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KHIYAR KHIYAR AIB TERHADAP PRAKTIK JUAL BELI ONLINE MOTOR ANTIK Fetri Fatorina; Masdar Masdar; Chamid Sutikno
el-Uqud: Jurnal Kajian Hukum Ekonomi Syariah Vol. 1 No. 1 (2023)
Publisher : Fakultas Syariah UIN Prof. K.H. Saifuddin Zuhri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/eluqud.v1i1.7699

Abstract

Buying and selling online has two sides of view, namely the positive and negative sides. This is due to the difference in buying and selling mechanisms between buying and selling online and buying and selling directly. On the positive side, both parties, namely sellers and buyers, both benefit in terms of ease and speed of access to see the object of sale and purchase, in this case the CB 100 type antique motorbike. On the negative side, buyers tend to be disappointed if the goods purchased do not match those on the promotion. In fact, it is often found that there are defects in the goods purchased. It can be assumed that in the practice of buying and selling online, khiyar rights are not implemented. The problem raised in this research is what is the position of khiyar disgrace in online buying and selling of CB 100 type antique motorbikes? The subjects of this study were the sellers and buyers of the CB 100 community in the Purwokerto area. The object of this research is the online buying and selling transaction of CB 100 type antique motorbikes. The methods used are observation, interviews, documentation. The results of this study state that the position of khiyar disgrace in online buying and selling of antique motorbikes has been fulfilled. But to determine whether to buy or not they use khiyar ru'yah. So that it can be said that online buying and selling of antique CB 100 type motorbikes is a practice that is prohibited by Islam. This practice contains more harm than benefit. Even though according to Islamic law, the buying and selling contract is valid. However, the practices and systems used are contrary to religious rules and prohibited by syara'
JANGKUNGAN PERSPEKTIF HUKUM WARIS ISLAM Ulinnuha; Fetri Fatorina
Economics, Social, and Humanities Journal (Esochum) Vol. 3 No. 1 (2023): Economics, Social, and Humanities Journal (Esochum)
Publisher : Faculty of Social, Economics and Humanities

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Abstract

This research aims to understand the view of Islamic inheritance law on the use of the anchor system in the division of inheritance which is still applied in the community today. The research method used is field research with a focus on the process of distributing inheritance. The approach applied is a normative approach. Data was collected through observation, interview, and documentation techniques. The results showed that from the perspective of Islamic inheritance law, the use of the stilt system is legally valid. This is due to the interpretation of jangkungan in the context of Islamic inheritance law, where both the wife and husband have the rights stipulated in both fiqh and law to get a share of the inheritance. Although the division may not fully comply with the provisions in fiqh and Islamic inheritance law, this does not affect the legal validity of jangkungan in the inheritance division system. The reason is that the system of inheritance distribution applied in the community is the result of a combination of the provisions in Islamic inheritance law with the Western system of inheritance law.