Elements Of Gharar Research Articles

Banjar Regency Ulama's Perspective on Buying and Selling Nira Water in Trees and Review According to Muamalah Jurisprudence

Nira water is a natural resource that is rich in benefits and has high economic potential because it can be made into various kinds of food. In the process of buying and selling nira water in trees carried out by the community, the buyer must pay a certain amount of money to utilize the nira water in the tree without knowing how much nira water he will get. This raises questions about the law of this activity through a review of Islamic law. This research examines the practice of buying and selling nira water in trees with a focus on the aspects of Islamic law. in the tree with a focus on its Islamic legal aspects. Through an empirical legal research method with a legal sociology approach based on direct observations and approach based on the results of direct observation and The results of this study show that the law of the practice of buying and selling nira water in trees is not legal. practice of buying and selling nira water in trees is not valid because in this practice there is an element of gharar, namely the uncertainty of the transaction resulting from the uncertainty of the transaction. uncertainty resulting from the non-fulfillment of sharia provisions in the transaction. The impact of transactions that contain gharar. The impact of transactions that contain gharar is the element of oppression of one of the parties. The impact of transactions that contain gharar is the element of oppression of one of the parties to the transaction.

Comparative study of article 10 letter c of law number 8 of 1999 concerning consumer protection and sharia business law in online clothing sales

Background: This article discusses the problems faced by buyers in online buying and selling, in the form of advertisements that do not match the products being sold. For this reason, researchers are interested in conducting research with the title Comparative Study of Article 10 Letter C of Law Number 8 of 1999 concerning Consumer Protection and Sharia Business Law in Online Clothes Buying and Selling by examining three online shops, namely Sa**tri.Store 1**6611424, N**la.Fasshion, and Ocyd Clothing Official. Methods: The research method uses empirical juridical, with a phenomenological and conceptual approach. Data analysis uses inductive and descriptive methods. The data collection techniques used were observation, interviews, documentation, questionnaires and library data. Findings: The results of the research show that the two online stores studied, namely Sa**tri.Store 1**6611424, and N**la.Fasshion are known to have committed fraud with advertising media that is misleading and contains elements of gharar and jahalah. Conclusion: Meanwhile, the Ocyd Clothing Official online shop is known to comply with applicable regulations, both from the Consumer Protection Law and Sharia Business Law. Novelty/Originality of this Study: Its comparative analysis of Article 10, Letter C of Law Number 8 of 1999 on Consumer Protection with Sharia Business Law, specifically within the context of online clothing sales, provides a unique examination of legal and ethical perspectives. This approach highlights the differences and commonalities in addressing false advertising in Indonesia's burgeoning e-commerce sector.

TINJAUAN HUKUM EKONOMI SYARIAH TERHADAP KREDIT USAHA RAKYAT (KUR) SYARIAH PADA PEGADAIAN SYARIAH CABANG PASAR RENTENG PRAYA LOMBOK TENGAH

UMKM have great potential in economic development in Indonesia. However, there are still many UMKM sectors that face problems in developing their businesses, namely limited financial problems in obtaining additional capital. Currently, many financial services offer capital loans, one of which is the Renteng Sharia Pawnshop institution which distributes Super Micro People's Business Credit (KUR). Because the distribution of Super Micro KUR has only just begun to be distributed, it is necessary to examine everything related to distribution practices, namely the process/procedures, terms, contracts, conditions and whether the problem resolution process is in accordance with the economic system in sharia economic law. This research uses a field/empirical approach with qualitative research methods that describe the objects or subjects studied in depth using empirical evidence obtained through interviews, observation, documentation of reality in the field. The research results show that credit in Islam is permissible because originally there was no text that forbade it. Most scholars say yes. The distribution of Super Micro KUR at Renteng Syariah Pegadaian does not contain anything that is detrimental to both parties and is in accordance with sharia economic law because it has implemented the principles of justice ('adl), balance (tawazun), benefit (maslahah), and does not contain elements of gharar (vagueness/obscurity). vaguely, maysir (gambling), usury, dzulm (tyranny), risywah (bribery), and other haram objects.

Analysis The Element of the Gharar in The All You Can Eat System From The Perspective of Sharia Economic Law

Transactions in restaurants with the All You Can Eat system have attracted public attention because it gives customers freedom to take portions of food with a predetermined time limit and price. This study aims to analyse the element of gharar in the All You Can Eat system and provide insight into the legal issues and solutions related to this system. The research uses a qualitative method. The result is that there is an aspect of gharar in the All You Can Eat transaction system, and it reduces the validity of the transaction from the perspective of sharia economic law. To overcome this problem, the solutions that can be taken are improving the transparency aspect of menu presentation, determining reasonable consumption limits, implementing clear rules and regulations, and educating customers about the All You Can Eat concept and the responsibilities of using the system. In addition, restaurants can also consider a pre-set menu or meal plan system. This can reduce ambiguity in transactions and provide a more structured dining experience. Keywords: All You Can Eat, Sharia Economic Law, Gharar.

Praktik Permainan Mesin Capit Manusia (Human Claw Machine) dalam Pandangan Hukum Islam dan Maqashid Syariah

The human claw machine game is an innovative model of the doll claw machine game. The problems arising from this contemporary phenomenon are related to applicable law. In the human claw machine game, the laws of the game and the form of transactions used are not yet clearly known. The aim of this research is to explore the laws of human claw machine games from the perspective of Islamic law and maqashid sharia. The research method used in this research is normative legal research which will examine legal issues with the provisions in the Al-Qur'an and hadith. The results of the analysis show that the law of human claw machine games when viewed from a gaming perspective is a form of game that is prohibited because it contains elements of chance and speculation which are similar to qimar. Meanwhile, as a business tool, this game is a form of buying and selling transaction that contains elements of gharar and maysir. The position of maqashid sharia in the practice of human claw machine games includes two main things, namely the protection of reason and wealth.

UNSUR GHARAR DALAM PEMBERIAN VOUCHER PROMO SHOPEE

This research aims to understand the practice of giving promotional vouchers on the Shopee application and identify elements of gharar. The research method used is qualitative, by conducting field research using interviews, documentation and observation. The research results show that the practice of giving promo vouchers through the Shopee application is a program organized by Shopee.id. The mechanism of this program is simple, where Shopee application users who are interested in getting promo vouchers must participate in a prize draw or other promo. Users must fulfill the terms and conditions set by the organizer. These terms and conditions can be easily accessed via the Shopee application or the official Shopee website. However, gharar practices were found related to giving Shopee promotional vouchers among STIS Al-Hilal Sigli students. Some students experienced uncertainty where the vouchers were not provided as promised. For example, even though customers are supposed to get a 20% promotional voucher, the price of the item after the promo does not reflect the promised discount. For example, if the initial price of an item is IDR 10,000, it should be IDR 8,000 after the promo, but in reality this is not the case. This creates uncertainty and ambiguity regarding the benefits that users should obtain through providing promotional vouchers

Analisis Penggunaan Akad Kafalah bi Al Ujrah pada Produk BSI Hasanah Card di Bank BSI–KCP UINSA Surabaya

This research aims to find out how the kafalah contract is used in BSI Hasanah Card products. The research method used is a qualitative method using a descriptive approach. The data sources used are primary data and secondary data. Primary data was obtained through a direct interview process with BSI KCP UINSA Surabaya. Secondary data was obtained from various literary sources such as books, journals, articles and other documents that support discussions related to the research theme. The results of this research show that the BSI Hasanah Card is in accordance with sharia principles. BSI Hasanah Card uses three sharia contracts, namely the kafalah bil ujrah, qard and ijarah contracts. The use of the BSI Hasanah Card places restrictions on its users by not being able to use it for types of transactions that are not in accordance with sharia. This can provide a sense of security and eliminate worry for BSI Hasanah Card users from all forms of transactions that contain elements of gharar and usury and are not in accordance with sharia provisions.

Jual Beli Buah Campuran Dalam Peti di Pasar Grosir Buah dan Sayur Ngronggo Kota Kediri Perspektif Sosiologi Hukum Islam

Buying and selling is an agreement to exchange goods or money for goods between both parties willingly and mutually. A sale and purchase transaction is considered valid if it meets the pillars and conditions of the sale and purchase. However, society often engages in practices that contradict Islamic law. This is evident in the practice of buying and selling mixed fruits in crates at the Pasar Grosir Buah dan Sayur Ngronggo Kota Kediri. In this practice, fruits of different qualities are mixed together in crates, and the buyer is unaware of the overall quality of the fruits, resulting in a disadvantage for one party. This research aims to explain the practice of buying and selling mixed fruits in crates and clarify the factors that underlie this practice at the Pasar Grosir Buah dan Sayur Ngronggo Kota Kediri.
 This research is a field study that utilizes a qualitative and empirical approach. The data sources utilized include primary data and secondary data. The data collection methods used are observation, interviews, and documentation. The data obtained are analyzed through an examination of Islamic legal sociology, and systematic conclusions are drawn.
 The research results indicate that firstly, the practice of buying and selling mixed fruits in crates at the Pasar Grosir Buah dan Sayur Ngronggo Kota Kediri involves the mixing of fruit qualities by the crate sellers. Buyers can only see the fruits from the outside of the crates. The mixing of fruit qualities is not permissible under Islamic law and contains an element of gharar (uncertainty). The behavior of the sellers contradicts the principles of honesty and trustworthiness in Islamic transactions. Secondly, the factors that underlie the persistence of this practice, despite the prohibition of mixing fruit qualities in Islamic law due to the presence of gharar, are economic factors and convenience. Sellers seek to obtain profits by including rejected fruits of lower quality during the packaging process. Economic factors and convenience play a role in facilitating this practice. Additionally, buyers are enticed by the low prices to sell the fruits in retail or per kilo, and middlemen are also attracted to this practice. However, upon opening the crates, they still find rotten or defective fruits inside. Based on M. Atho Mudzhar's theory, it can be concluded that the level of adherence to Islamic law by sellers and buyers is very low. They are aware that the mixing of fruit qualities in crates is prohibited in Islam, yet they continue to engage in buying and selling activities that clearly involve elements of gharar (uncertainty).

ANALYSIS OF THE USE OF AKAD KAFALAH BI 'UJRAH ON BSI HASANAH CARD PRODUCTS AT BSI BANK – KCP UINSA SURABAYA

This research aims to find out how the kafalah contract is used in BSI Hasanah Card products. The research method used is a qualitative method using a descriptive approach. The data sources used are primary data and secondary data. Primary data was obtained through a direct interview process with BSI KCP UINSA Surabaya. Secondary data was obtained from various literary sources such as books, journals, articles and other documents that support discussions related to the research theme. The results of this research show that the BSI Hasanah Card is in accordance with sharia principles. BSI Hasanah Card uses three sharia contracts, namely the kafalah bil ujrah, qard and ijarah contracts. The use of the BSI Hasanah Card places restrictions on its users by not being able to use it for types of transactions that are not in accordance with sharia. This can provide a sense of security and eliminate worry for BSI Hasanah Card users from all forms of transactions that contain elements of gharar and usury and are not in accordance with sharia provisions.

TINJAUAN HUKUM ISLAM TENTANG PRAKTIK JASA WALI NIKAH SIRRI DI BEKASI

Marriage is a sacred ritual that religious and state laws must legalize. Most people want marriage to be a joyous occasion and a way to publicize their status as husband and wife. However, some people keep their marriages secret. In general, Nikah Sirri celebrates a marriage according to Islamic religious rules. However, many things prevent it from being legally recorded by the authorities, in this case, the government, represented by the Ministry of Religious Affairs. This research aims to investigate providers of marriage guardian services in siri marriages that have developed in the community through social media. One of these providers can be found on the website ustadz.my.id/jasa-nikah-siri-bekasi, which offers various services related to siri marriages. This research uses qualitative methods and is centered on empirical research. This research uses a socio-legal approach, a broad social science methodological approach. as the Wali Nikah in Sirri Nikah Services. This study conducted the data collection method in two stages: observation and documentation. The study found that because there is an element of gharar or uncertainty, the practice of providing a marriage guardian in a sirri marriage through a website whose address is ustadz.my.id/jasa-nikah-siri-bekasi is not justified by Islamic legal review. Thus, this element of gharar hinders the practice of providing marriage guardians in sirri marriages. This is in line with the prohibition of the prophet Muhammad to avoid buying and selling gharar.

Inappropriate Behavior in Buying and Selling Usernames on Twitter: An Islamic Law Perspective

Transformations in the digital world allow illicit transactions such as buying and selling usernames, which are currently popular among social media users, especially on Twitter. The more people who use Twitter, the more usernames are used, and the system will automatically reject new user requests with usernames that have already been used. This research examined username buying and selling transactions and inappropriate behavior by users on Twitter. This research used qualitative methods with an approach to Islamic legal norms. Data were obtained from document studies and interviews with sellers and buyers of usernames via Twitter direct messages. The results of the research showed that buying and selling usernames are an illegal and prohibited sale because many inappropriate behaviors, such as hacking, are found, resulting in nonfulfillment of the conditions for the objects bought and sold. Islamic law stipulates that traded objects must meet requirements such as perfect ownership, clear, useful, and halal. This means that there is no element of gharar in every buying and selling transaction because it can cause disputes between the seller and the buyer.

Implementation of Minimum Mandatory Giro (Gwm) in Sharia Banking Perspective Analysis of Siyasah Syar'iyyah Maliyyahtitle

This research analyzesthe implementation of Mandatory Reserve Requirement (GWM) in Islamic banking in Indonesia, with a focus on the duplication of money resulting from the implementation of GWM in Islamic banking, the regulation of GWM in Islamic banking in the view of Siyasah Syar'iyyah Maliyyah, and finding a more just system solution for GWM regulation in Islamic banking in Indonesia. In this research, the researcher used a qualitative research method with a library research type and a philosophical approach. The results of this research show that GWM is a monetary instrument applied by the central bank to ensure the liquidity and solvency level of banks in the financial system. The purpose of implementing GWM is to ensure that banks have enough funds to handle their liquidity needs and to ensure the stability of the overall financial system. Then, the perspective of Siyasah Syariyyah Maliyyah shows that the implementation of Islamic economics in Indonesiamust be practiced according to the socio-cultural conditions in Indonesia. Currently, GWM is something that cannot be avoided, and there is still no new system that can replace it for Islamic banks. Therefore, GWM in Islamic banking is one of the monetary instruments that can control inflation. The existence of GWM in Islamic banking in the concept of Maslahah is at the level of tahsiniyat (tertiary). The debate over the existence of GWM in Islamic banking presents several solutions to provide justice for all parties, including changing the fractional reserve banking system to Narrow Banking, which clearly distinguishes between savings and deposits, emphasizes the principle of amanah, and separates profit-making activities in banking through cooperation with separate affiliate organizations from the bank itself. Because the fractional reserve banking system has been challenged in Switzerland, the solution to GWM gharar is the sovereign money system, which is similar to full reserve coverage, but goes further by giving full control over deposits seen by the central bank. So there is no gharar element. In other words, existing savings "create" loans

The Practice of Sharing Production from Cattle from a Sharia Economic Law Perspective

The problems studied in this research are regarding the practice of sharing cattle and livestock results in the community in Limpomajang sub-district, Majauleng sub-district, and Wajo Regency. The purpose of this research is to find out how profit-sharing contracts (mudharabah) are practiced in the community and to find out the perspective of Sharia economic law regarding the system used. In this research, the method used is field research with a normative approach; and the data analysis used is the Miles and Huberman model of data analysis. The informants in this research are people who keep cattle and who own cattle in Limpomajang Village. The results of the research show that in the practice of sharing cattle products from a Sharia economic law perspective in the community, there are no elements of gharar and dharar contained in this collaboration because the cooperation implemented is based on the principles of trust and kinship. The cattle owner (shahibul mal) bears the costs of medicine and rope, and the cattle breeder (mudharib) is responsible for looking after the cattle entrusted to him. The principles applied are based on the principles of trust and kinship as well as the pleasure of both parties. Apart from that, mutual trust and a spirit of mutual assistance are also the main foundations for the community to implement this kind of cooperation agreement.

Perspectives of Contemporary Muamalah Jurisprudence Law on Buying and Selling "claw" on the TikTok Application

Technological developments make changes to the buying and selling system. One of the most popular systems is buying and selling claws on TikTokshop. The purpose of this study is to determine whether buying and selling "claws" is in accordance with Islamic economic law or not. The research method is literature research. The results of the stu dy indicate that there are three problems that exist in the sale and purchase of claws, namely the type of goods, the quality and quantity of the goods, and how to take the object of the contract. In line with the permissibility of buying and selling online using a salam contract, the sale and purchase of claws must also follow the terms and conditions of the sale and purchase of salam because it is done online. In the sale and purchase of greetings, the object of the contract must be clear about the shape, size, quantity, and quality agreed at the beginning of the contract. So, based on the research results, the sale and purchase of claws contains elements of gharar (unclear) and maisir (chance) because the object of the contract depends on the seller's head, which is not known how the quantity and quality will be obtained by the buyer.

JUAL BELI SUBSCRIBERS YOUTUBE PERSPEKTIF HUKUM ISLAM

This article aims to explain whether Subscribers and Viewers are part of the property and how the law of buying and selling is from the perspective of Islamic Law. The method used in this paper is normative empirical with a phenomenological approach. The technique used in collecting data in this article is by observing and tracing the buying and selling practices of viewers and subscribers in online buying and selling services. Then the data is analyzed using literature related to buying and selling (Fiqh Muamalah). The results of this study indicate that the sale and purchase of viewers and subscribers is the sale and purchase of tadlis which is prohibited in Islam because it contains elements of Gharar (uncertainty) both in the account sold by the seller because it is not owned or the benefits received by the buyer because it can decrease at any time. Meanwhile, viewer and subscriber buying and selling transactions that are permitted according to syara' law are carried out using aqad istisna' provided that the account is not for commercial use.

ANALISIS HUKUM EKONOMI ISLAM TERHADAP MEKANISME JUAL BELI ONLINE SISTEM DROPSHIPPING (Studi Kasus di Diza_Olshop Kecamatan Sukorejo Kabupaten Ponorogo)

Buying and selling online dropshipping system is an online buying and selling system that is carried out through social media, aiming to make it easier for sellers and buyers. In the mechanism of buying and selling online, the dropshipping system found several problems, such as the law on the goods being traded, there is an element of ambiguity. Buying and selling like this will be detrimental to both the buyer and the seller because the seller who acts as a dropshipper will find it difficult when the buyer complains about the incompatibility of the goods he ordered. This thesis reports the results of the research, with the formulation of the problem: (1) What is the mechanism for buying and selling online with the dropshipping system at Diza_Olshop, Sukorejo District, Ponorogo Regency? (2) Why does the online buying and selling mechanism with the dropshipping system often cause problems at Diza_Olshop? (3) How is the analysis of Islamic Economic Law on buying and selling online with the dropshipping system at Diza_Olshop?. This research approach is a type of field research. Data collection techniques with observation, interviews and documentation. Based on the results of data analysis it can be concluded that: (1) The online buying and selling mechanism with a dropshipping system at Diza_Olshop is based on a greeting contract, (2) It often causes problems at Diza_Olshop due to internal factors. (3) Analysis of Islamic Economic Law, buying and selling online with the dropshipping system at the Diza_Olshop is permissible if it is in accordance with the salam sale and purchase contract and does not contain elements of gharar, usury, other evils and aims to help each other.

A MEKANISME PENGGUNAAN MEMBER CARD ALFAGIFT DALAM JUAL BELI PERSPEKTIF HUKUM ISLAM (Studi Kasus di Alfamart Ponorogo)

In this digital era, with the frequent advancement of technology and information, people tend to be more interested in everything that is practical, effective and efficient in every activity they carry out. The same applies to buying and selling transactions in the community economy, where the majority of people choose the easy and hassle-free option in order to increase their purchasing power. Therefore, many shops or shopping malls offer membership cards or Member Cards which are referred to in Arabic as Bithaqatuat Takhfidh. With the formulation of the problem: (1) What is the mechanism for using the Alfagift Member Card in buying and selling at Alfamart Ponorogo. (2) What is the view of Islamic law regarding the use of the Alfagift Member Card in buying and selling at Alfamart Ponorogo. This research is a qualitative type of research that is descriptive in nature. The sources of information for this research are Alfamart and Alfamart consumers. Data collection techniques carried out by this researcher included observation, interviews, and documentation. Analysis techniques use data collection, data reduction, data presentation, drawing conclusions and verification. The results of this study are the use of the Alfagift Member Card at Alfamart Ponorogo. Based on the results of interviews with Alfamart consumers, it was found that the presence of Alfagift member cards made it easy for their owners. Alfagift card member users will get various benefits, such as discounts, collection of points, shopping vouchers, gifts, and others. Alfagift member card users will also collect points that can be exchanged for various offers provided by the company. So that the existing data states that the essence of buying and selling transactions using the Alfagift member card has fulfilled the trading requirements and does not contain elements of gharar (uncertainty), speculation and fraud. There is no element of coercion between buyers and sellers, and the goods sold are clear and provide benefits to consumers.

TINJAUAN HUKUM EKONOMI SYARIAH TERHADAP PRAKTIK PERJANJIAN TRANSAKSI UPAH “PACAK HEWAN” (Studi Atas Pacak Kucing di Comba Cattery Cinde Kota Palembang)

This research is field research that aim to review of Sharia Economic Law on the agreement of Wage transaction “Pacak Hewan”. The existence of cattery and petshop that provide the services of competent cat breeding. However, the practices were contrary to the prophetic tradition of Rasulullah SAW that forbade lending male cats to breed the female cats and get the wage from the breeding result, Wage transaction of cat breeding can be categorized as a transaction that contain elements of gharar because the amount of the object is not known with certainty. Therefore, additional research into this transaction is required. The research method used is the qualitative method and the type of research is the field research. The technique of data collection is by means of the method of interview, observation, and documentation, while the technique of data analysis used the qualitative analysis; data presentation and conclusion taking. The result of this research is that the Practice of Catering Transaction Agreement that occurred in Comba Cattery Cinde Palembang has not fulfilled the pillars and conditions if using a rental contract based on the hadits narrated by Abu Daud, Imam Tirmidzi and opinions from the Hanafiyah and Syafi'iah Madzhabs because what is desired from the lease it is an animal sperm. However, the solution given by Imam Syafi'i can also be used as a consideration for cattery managers to continue to carry out breeding by hiring bulls if it becomes tradition but the payment of wages by tenants is based on an expression of gratitude, not in return for rent.Keywords: Wage Transaction, Agreement, Sharia Economic Law.

Analysis Of The Views of Kiai NU and Muhammadiyah in Bangkalan Madura Regarding The Use of Bitcoin as A Means of Payment of Zakat

This study aims to find out the views of NU and Muhammadiyah kiai in Bangkalan Madura related to Bitcoin law and zakat payment law with Bitcoin. This research was motivated because the pros and cons related to the use of Bitcoin and zakat payments using Bitcoin money until now are still a discussion of scholars until the kiai in Bangkalan Madura also differ in opinion regarding the Bitcoin law, where most of the kiai NU and Muhammadiyah Bangkalan related to Bitcoin law and zakat law with Bitcoin declare haram, because it contains elements of gharar (obscurity ), maysir (gambling), as well as the absence of official regulation from the government. Therefore, zakat with Bitcoin is not allowed. However, there are some scholars who state that the digital money law is halal because digital money like crypto is classified as a "virtual treasure" thus it applies mandatory zakat to Bitcoin money. In addition, there are also differences in regulations between the government and BAPPEBTI, where the government states in Law No. 7 of 2011 concerning currency that it does not accept payment instruments other than Rupiah, while in BAPPEBTI regulations provide protection for Bitcoin users so as not to feel losses. However, obeying government rules is mandatory.

Islamic Views and Calls to Invest According to the Al-Qur'an Surah Al-Hashr Verse 18

Investing in Islam is a highly recommended activity. This is explicitly stated in various verses such as QS. Al-Hashr: 18, QS. Lukman: 34, and others. Not all types of investment are allowed in Islam. Only investments that are in accordance with Islamic teachings may be followed by Muslim investors. These principles include the types of businesses and transactions that must follow Islamic Sharia norms. This means that, in the type of business, products or services provided and the way the company is managed, the issuer company is not a business that is prohibited by sharia, such as gambling business, prohibited trade, not ribawi finance or conventional banking and insurance, not producers, distributors, and food and beverage traders. which is forbidden. not a business/company either producer or distributor that provides goods or services that can damage morals and are harmful. Likewise, the type of transaction must be carried out with the principle of being very careful, it is not permissible to speculate in which there are elements of gharar, maysir, dzulm, tadlis, and so on. The rise of fraudulent investment cases under the guise of investing makes us aware of what investment in Islam really is.