This study uses a descriptive qualitative method because it describes the data in the form of a written description. Types and sources of data in this study using primary and secondary data. Data collection techniques through interviews, observation, and documentation. The data obtained in this study are conclusions from various processes in qualitative research. Starting from data collection, selecting appropriate data, presenting data and then concluding.The results of this study are in a review of Islamic Law, the provision of cashbacak promos by shopee parties to users is limited to giving gifts, as a marketing strategy to attract as many customers/users of the application as possible. And the use of shopee coins as discounted prices in buying and selling transactions is allowed, because the shopee coins used are obtained from cashback at the time of the previous transaction and the cashback is allowed.
The status of children is an urgent and serious problem in life in society. In addition to having direct contact with lineage, inheritance, even the matter of guardianship if the child is a girl. In the decision on case Number 740/Pdt.G/2020/PA.Kng, the researcher found that there was no decision regarding the child. This study aims to determine the status of the child as a result of marriage annulment and to find out a comparison between the Compilation of Islamic Law (KHI) and Positive Law in cases of annulment. marriage at the Kuningan Religious Court Number 740/Pdt.G/2020/PA.Kng. The research method used by researchers is qualitative research by combining two types of data, namely data obtained from field research in the form of interviews and documentation at the Kuningan Religious Court and supplemented by library research data in the form of a judge's determination document regarding the case. The data that the researchers obtained were then reduced, presented, and concluded using descriptive-comparative analysis techniques. Based on the research conducted, a conclusion was obtained that the status of a child due to the annulment of a marriage in decision number 740/Pdt.G/2020/PA.Kng is an illegitimate child because he was born in an illegitimate marriage, but regarding civil relations it can be related to his biological father.
The Qur'an and Islamic legal literature do not mention the word Islamic law as one of the terms in the Qur'an is the word syarî'ah, fiqh, Allah's law, and the same root with it. The term Islamic law is a translation of Islamic Law in western literature. If traced to its roots, then the meaning of Islamic law is "control or bridle of the horse", what is meant here is that in essence the law exists to regulate people who are subject to the law itself. Other meanings derived from the root word hakama include preventing injustice, preventing tyranny, preventing persecution, and rejecting other mafsadat. The research on Maqashid Syariah analysis of the ask foral of change for donations (a case study in Fajar Toserba, Jalaksana District) aims to understand how the practice of asking for change for donations is, how the distribution of these donations when they have been collected, and how Muqashid Syariah analyzes the practice of asking for change for donations. donation. This study uses a descriptive qualitative method because it describes the data in the form of a written description. Types and sources of data in this study using primary and secondary data. Data collection techniques through interviews and observations. The results of this study are on the ask foral of change for donations at Fajar Toserba Jalaksana when buying and selling transactions. As for the practice, when buying and selling at Fajar occurs, if there is odd nominal money, it is directly distributed to the social fund in the payment receipt. Maqashid Sharia analysis on this matter can be concluded that the five main points or al-mabaadi 'al-khamsyah have been fulfilled. customers for change for donations and distributing the donation money have fulfilled the purpose of Islamic law itself, namely Maqashi Syariah. Although there are elements that should not be done, in this case, the benefits are greater.
Marriage dispensation is the granting of leeway to carry out marriage to prospective brides who have not reached the age requirements for marriage in accordance with the provisions of the Act. The judge in determining the decision of a case requesting a marriage dispensation is sometimes still difficult to understand the basis and considerations for the peoples. This study aims to determine the basis and considerations of the judge in the process of determining the application for a marriage dispensation, and to find out the comparison of the review of Islamic Law and Positive Law on the judge's decision in the case of the application for marriage dispensation at the Religious Court of Purbalingga Regency No. 0505/Pdt.P/2020/PA.Pbg and No. 102/Pdt.P/2021/PA.Pbg. The research method used by the author is qualitative research by combining two types of data, namely data obtained from field research in the form of observations, interviews and documentation at the Purbalingga Religious Court and added to library research in the form of judges' determination documents. About the dispensation of marriage. The data that the author obtained were then reduced, presented, and concluded using descriptive-comparative analysis techniques. Based on the research conducted, it is concluded that the basis of legal sources used by judges in the process of determining the application for marriage dispensation at the Religious Courts of Purbalingga Regency is Islamic law which is sourced from the Qur'an, Hadith, fiqh principles, and opinions of the fuqaha about the age limit for marriage. And Positive Law which is sourced from Law No. 50 of 2009, Law No. 16 of 2019, Perma No. 5 of 2019, Law no. 35 of 2014. The considerations used by the judge are based on the pillars and conditions of marriage, mental and physical readiness of the prospective bride and groom, the absence of obstacles / prohibitions on marriage, urgency, benefit for all parties, as well as the readiness of parents from both parties to guide the child. dispensation for marriage in the household. Based on the comparison, the determination of No. 0505/Pdt.P/2020/PA.Pbg is in accordance with applicable Islamic Law and Positive Law. While in the determination of case No. 102/Pdt.P/2021/PA.Pbg, the Positive Law used is appropriate, but if viewed from Islamic Law, the judge's decision on this case is still not appropriate because the two brides who will be married due to adultery have not received punishment (had) , and has not expressed repentance and regret for his actions.
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