https://journal.stiba.ac.id/index.php/khiyar/issue/feed AL-KHIYAR: Jurnal Bidang Muamalah dan Ekonomi Islam 2023-12-21T02:39:34+00:00 Admin Jurnal p3m@stiba.ac.id Open Journal Systems <p style="text-align: justify;"><strong>AL-KHIYAR: Jurnal Bidang Muamalah dan Ekonomi Islam</strong> is a scientific journal in the field of mualamah and Islamic economics studies published twice a year (May and November) by the Pusat Penelitian dan Pengabdian Masyarakat (P3M), Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar, Indonesia. It is open for all academics, practitioners, intellectuals, and students with the specification of the study of mualamah and Islamic economics. Ideas covering research article, conceptual idea, review of the literature, and practical experience. The scope of <strong>AL-KHIYAR</strong><strong>: Jurnal Bidang Muamalah dan Ekonomi Islam</strong> are limited to Fiqh of Muamalah, Islamic Economics, Islamic Banking and Finance, Islamic Economic Management, Islamic Economics Law, Management of Zakat, Infaq, Sadaqah, and Waqf, Islamic Entrepreneurship And Business, Islamic Economics Thought, Islamic Insurance, Islamic Accounting, Halal Management, etc. The article will be published in Indonesian, English, and Arabic language.</p> <p style="text-align: justify;"><img src="/public/site/images/admin/S_Process2.jpg"></p> https://journal.stiba.ac.id/index.php/khiyar/article/view/1048 Shopee PayLater Voucher pada Jual Beli Online dalam Perspektif Fikih Muamalah Kontemporer 2023-11-17T00:37:04+00:00 Syamsiah Nur syamsiahnur@stiba.ac.id Andi Dahmayanti dahmayanti@stiba.ac.id Miftahul Jannah pembawaalquran@gmail.com <p><em>This study aims to determine the law on the use of Shopee PayLater Vouchers in buying and selling online in a review of contemporary muamalah fiqh. This research is a qualitative descriptive research or literature review using juridical and normative approaches. In analyzing the data, researchers used content analysis (content analysis). The results of this study are that Shopee PayLater Vouchers may not be used or claimed illegally, because the prize comes from an unlawful contract (riba qarḍ) Shopee PayLater. The implication of this research is that the community, especially Muslims who use this application, can know and understand the views of the Shari'a regarding Shopee PayLater Vouchers so that the Muslim community will always prioritize the precautionary principle that comes from knowledge in using these Vouchers.</em></p> 2023-11-09T22:12:53+00:00 Copyright (c) 2023 Syamsiah Nur, Andi Dahmayanti, Miftahul Jannah https://journal.stiba.ac.id/index.php/khiyar/article/view/1083 Kedudukan al-Tas‘īr al-Jabarī dalam Tinjauan Kaidah Yutaḥammal al-Ḍarar al-Khāṣ li Daf‘ al-Ḍarar al-‘Ām 2023-11-17T00:37:09+00:00 Asnawati Patuti asnawati@stiba.ac.id Afia Hafizah afiah.hafizah@stiba.ac.id Aisyah Aisyah aisyahmuhd0@gmail.com <p><em>This research aims to find out and understand the law and position of al-tas‘īr al-jabarī in reviewing the rules of yutaḥammal al-ḍarar al-khāṣ li daf‘i al-ḍarar al-‘ām. The type of research used is descriptive qualitative in the form of library research with a normative and sociological approach. The research results show that al-tas'īr al-jabarī is a government policy in the form of intervention to set certain prices for goods, food and services, which the public is obliged to comply with. Al-tas‘īr al-jabarī has different positions depending on market conditions. Under normal conditions, the al-tas‘īr al-jabarī policy is not needed so its position returns to its original law, namely that it cannot be carried out. However, in abnormal conditions, the al-tas'īr al-jabarī policy can be a solution so that it can be done to prevent al-ḍarar al-'ām which will befall a large number of people, even though it has to bear the al-ḍarar al-khāṣ which will befall certain individuals or groups as a result of al-tas'īr al-jabarī's policies. </em></p> 2023-11-09T22:26:53+00:00 Copyright (c) 2023 Asnawati Patuti, Afia Hafizah, Aisyah Aisyah https://journal.stiba.ac.id/index.php/khiyar/article/view/1050 Mekanisme Pembiayaan Syariah pada Baitul Māl wat Tamwīl (BMT) Amanah Kota Buton Tengah dalam Tinjauan Fikih Muamalah 2023-11-17T00:37:14+00:00 Saadal Jannah ummuqaisqanitah@gmail.com Sri Ujiana Putri sri.ujiana@stiba.ac.id Asma Asma saifulasma03@gmail.com <p><em>This study aims to find out and understand the mechanism of sharia financing at the Baitul Māl wat Tamwīl (BMT) Amanah, Central Buton City in a review of muamalah fiqh. This research uses descriptive qualitative field research, using normative and sociological approaches. The research results found as follows; first, the sharia financing mechanism for BMT Amanah, namely; members must follow established procedures, such as; (1). The customer comes directly to the BMT office to submit a financing application, (2). The customer must include requirements such as a photocopy of husband and wife's KTP, family card, marriage certificate, and guarantee letter, (3). Files go to BMT, (4). Conducted surveys. Then the BMT conducts a survey analysis meeting, conducts contracts, disburses funds, conducts coaching (if deemed necessary by the customer) and confiscation of collateral if the customer is unable to pay his installment obligations and is in disagreement with the agreement of both parties. Second, the financing mechanism at BMT Amanah, when viewed from the fiqh muamalah, most of the mechanisms are appropriate because the pillars and conditions for the validity of the contract have been fulfilled. With an agreement between BMT Amanah and the customer and witnessed by witnesses from BMT and each party to carry out obligations according to the agreement. But the principle in the practice of bai' biṡaman ājil is that there are things that are not fully in accordance with the fiqh principles of muamalah, namely in the first model, the goods are not handed over to the BMT, but the goods are taken directly by the customer without first being handed over to the BMT. The implication of this research is that BMT Amanah should be more active in disseminating its products to the public, so that people are more familiar with BMT Amanah and are then interested in becoming its members.</em></p> 2023-11-17T00:00:00+00:00 Copyright (c) 2023 Saadal Jannah, Sri Ujiana Putri , Asma Asma https://journal.stiba.ac.id/index.php/khiyar/article/view/1077 Hak Kepemilikan Kain Sisa Jahitan dalam Tinjauan Fikih Muamalah (Studi Kasus Malaabis Makassar) 2023-12-21T02:39:34+00:00 Rosmita Rosmita rosmita@stiba.ac.id Nuraeni Novira nuraeninovira@stiba.ac.id Yumita Yumita yumita@gmail.com <p><em>This research aims to find out and understand how the ownership rights of leftover stitched fabric are in the Muamalat jurisprudence review. The problems that the author raises in this research are: first, what is the practice of owning stitched leftover fabric in Malaabis Makassar? Second, what is the background behind tailors using stitched leftover cloth? Third, what are the ownership rights of the remaining Makassar Malaabis stitched fabric in the Muamalat jurisprudence review? The method used is a qualitative research method, using a type of field research carried out at Malaabis Makassar, with data collection through observation, interviews and documentation. The research approaches used are theoretical, normative juridical and phenomenological approaches. The results of research in the field show that Malaabis Makassar does not return leftover stitched fabric and does not offer leftover stitched fabric to customers. In muamalat fiqh, the remaining stitched fabric is the perfect property (al-milku al-tam) of the orderer. The phenomenon of tailors not returning leftover sewing fabric occurs because tailors feel that the customer no longer needs their remaining stitching fabric, the customer doesn't care about the ownership rights of the remaining stitched fabric and the tailor does not disclose the remaining stitched fabric. A tailor who uses fabric left over from a customer can be said to be permissible, when it is clear that the customer is satisfied with it or by looking at the habits of the people who no longer need fabric left over from sewing. This research has implications for society in general, both tailors who do not return leftover stitched fabric and buyers who do not care about their stitched leftover fabric.</em></p> 2023-11-17T00:00:00+00:00 Copyright (c) 2023 Rosmita Rosmita, Nuraeni Novira, Yumita Yumita, Nasaruddin Nasaruddin https://journal.stiba.ac.id/index.php/khiyar/article/view/1134 Sistem Give and Get dalam Perspektif Fikih Muamalah 2023-11-17T00:37:32+00:00 Khaerul Aqbar khaerul@stiba.ac.id Muhammad Akram Puang Endek akrampuangendek@gmail.com Azwar Azwar azwar@stiba.ac.id <p><em>This research aims to determine the give and get negotiation system in buying and selling and its laws based on the muamalah fiqh perspective. The type of research used in this research is library research, with a juridical/normative approach. The research results show that the give and get negotiation system in buying and selling is a bargaining method that uses two transaction tricks, namely: 1) adding conditions; and 2) additional prizes/bonuses. In view of muamalah jurisprudence, the give and get negotiation system is permissible. Judging from the side/trick of adding conditions, this is considered permissible because it does not affect the validity of the contract and is not part of the three limiting conditions that damage the contract, such as if the conditions cancel the main purpose of the transaction, the existence of other contracts outside of buying and selling and the contract being dependent on something. which is not certain what happened. Meanwhile, looking at the aspect/trick of adding prizes/bonuses, this is deemed permissible, if it is appropriate and does not conflict with sharia rules. For example, the prizes given do not contain elements of gambling, they are not given by lottery where customers have to pay and then the money is collected and used as prizes, the prizes given must be halal and in accordance with what was promised, and the aim of consumers is to buy goods because they really need them.</em></p> 2023-11-17T00:00:00+00:00 Copyright (c) 2023 Khaerul Aqbar, Muhammad Akram Puang Endek, Azwar Azwar