Mabahits Al-Uqud

Materials, Use, Buying, and Selling Eyelash Extensions from Sharia Economic Law Perspective

Seli Selviani, Hasan Bisri, Heris Suhendar — Sun, 30 Jun 2024 00:00:00 +0000

Eyelash extensions are false eyelashes that are widely used by women today. Eyelash extensions are sold freely without having halal certification and permission from BPOM. According to Fiqh al-bai, this study aimed to discover the halalness of eyelash extension products and the law of buying and selling eyelash extensions. This research uses a descriptive-analytical method. Based on research results, the material for making eyelash extensions is usually made from human hair and keratin. In addition, using eyelash extensions can cause ablution and make obligatory bathing invalid because water cannot be used directly to touch the skin. The law of buying and selling eyelash extensions, according to Fiqh al-Ba'i, is not permissible because it does not meet the requirements for the object of sale and purchase. Namely, the goods being traded are neither halal nor holy

Hybrid Contract Analysis on Hajj and Umrah Advance Fund Financing at Tamzis Bina Utama Bandung

Atika Marwah Nasution, Koko Komaruddin, Muhamad Fakhrudin — Sun, 30 Jun 2024 00:00:00 +0000

Hajj and Umrah advance financing is a product created by Islamic financial institutions. Scholars have different opinions regarding the permissibility of using hajj advance financing. That is due to the following: First, regarding the legal validity of hajj and umrah using advance funds, and second, hajj and umrah advance financing uses multiple agreements, namely qardh and ijarah. Third, the impact of hajj advance financing is that the hajj and Umrah waiting lists are increasing. However, many Muslims in Indonesia are interested in this product. Therefore, it is important to implement Sharia principles in the Hajj and Umrah Advance Financing Product so that its implementation does not conflict with Sharia. This study uses an empirical legal approach with a case study method. Data sources consist of primary data obtained through observation and interviews and secondary data sources obtained from documentation and literature studies. The results of this study show that: First, the provisions for hajj and Umrah advance financing may only be given to customers categorized as capable. Second, multiple contracts are carried out separately, and third, the implementation of sharia principles is carried out by referring to MUI Fatwa Number 004/MUNASX/MUI/XI/2020, DSN-MUI Fatwa Number 09 of 2002, and PMA Number 24 of 2016.

Norms and Applications of the Combination of Contracts and Promises (Wa’ad) in Musyarakah Mutanaqisah Contracts

Azmi Nur Naila Najah, Muhammad Fauzan Januri — Sun, 30 Jun 2024 00:00:00 +0000

This paper examines the norms and application of the combination of contracts (uqd) and promises (wa’ad) in Musyarakah Mutanaqisah contracts. The study uses a qualitative method, with a deductive-normative approach to assess the legal standing of these concepts within Musyarakah Mutanaqisah. The research focuses on current conditions and uses secondary data such as books and legal regulations. Uqd refers to contracts involving mutual agreement through ijab and qabul, whereas wa’ad is a promise from one party to perform an act in the future. In Musyarakah Mutanaqisah agreements, these two concepts are applied together to facilitate the gradual transfer of asset ownership. The study finds that while wa’ad is not legally binding, it plays a significant role in ensuring adherence to Shariah principles while meeting business needs. The paper highlights the importance of understanding these concepts in the context of Islamic financial contracts.

Legal Review of Tabarru’ Contract in the Refund of Premi in Islamic Insurance

Linda Pratiwi, Uruban Atroba Mubarok — Sun, 30 Jun 2024 00:00:00 +0000

This paper explores the legal framework surrounding the refund of tabarru’ funds in Islamic insurance. Tabarru' represents a donation in which participants contribute to a collective fund for mutual assistance. However, the refund of these funds, particularly when participants discontinue their policies, raises questions about its legal permissibility. Using a qualitative juridical-empirical approach, this study reviews Islamic jurisprudence, Indonesian law, and fatwas issued by the National Sharia Council (DSN-MUI). The study finds that while tabarru' is fundamentally a donation, refunds are permissible under specific conditions, particularly when underwriting surpluses are involved. The findings contribute to the ongoing discourse on aligning Islamic insurance practices with Shariah principles while meeting contemporary needs.

Transforming Conventional Banking Contracts to Sharia-Compliant Systems in Aceh: Legal and Operational Challenges

Anna Sayyida Sya'bani — Sun, 30 Jun 2024 00:00:00 +0000

This study examines the transformation of conventional banking contracts into Sharia-compliant agreements following Qanun Aceh No. 11 of 2018. Aceh's financial institutions are required to transition to Islamic financial systems, employing Sharia-based mechanisms such as subrogation, qardh, and hiwalah to restructure contracts. Through document analysis and case studies, this research identifies both operational adjustments and legal challenges in implementing these changes. Results show that while existing methods facilitate the conversion process, further refinement is necessary to meet Sharia principles fully. This highlights the need for enhanced frameworks to support sustainable Islamic banking in Aceh.