Davi Arham, Muhammad and -, Dr. Imron Rosyadi,M.Ag. and -, Dr. Isman, S.H.I., S.H., M.H (2026) Shihhah Al-Aqdi Fi Mumarosah Al-Tholab Al-Musbaq Binidzhom Al-Daf Al-Muajjal Inda Fiqh Al-Muamalah. Thesis thesis, Universitas Muhammadiyah Surakarta.
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Abstract
This research is a qualitative study that seeks to comprehensively examine and analyze the validity of pre-order practices commonly carried out by the community using a deferred payment scheme, from the perspective of fiqh muʿāmalāt. The study begins with a conceptual approach to several types of muʿāmalāt contracts, which is then integrated with interview results obtained from relevant parties. The findings indicate that the pre-order practices conducted by sellers are more closely aligned with the salam contract according to the opinion of the majority of scholars, or with baiʿ mawṣūf fī al-dhimmah according to the authoritative view (qawl muʿtamad) in the Shāfiʿī school of thought. This difference lies in the wording (lafẓ) used in the contract. The majority of scholars maintain that a salam contract is valid when it employs the terms salam, salaf, or sale and purchase. Meanwhile, according to the authoritative view of the Shāfiʿī school, a salam contract is not considered valid if it merely uses the wording of sale and purchase. Consequently, the salam contract is deemed invalid and the transaction is regarded merely as a sale, rendering the specific conditions of the salam contract inapplicable, such as the obligation to make immediate payment in advance. This research is expected to provide solutions to issues arising within the Muslim community so that transactions do not deviate from the principles of Islamic law, as well as to contribute to the enrichment of academic knowledge for institutions, scholars, and the general public
| Item Type: | Thesis (Thesis) |
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| Uncontrolled Keywords: | Salam Contract, Pre-Order, Islamic Commercial Transactions (Muʿamalat) |
| Subjects: | B Al Islam; Pcychology; Philosophy; Religion > BA Islamic > Fiqh Islam > Fiqh Muamalah |
| Divisions: | Fakultas Agama Islam > S2 Hukum Ekonomi Syariah |
| Depositing User: | MUHAMAD DAVI ARHAM |
| Date Deposited: | 30 Apr 2026 08:05 |
| Last Modified: | 30 Apr 2026 08:05 |
| URI: | http://eprints.ums.ac.id/id/eprint/143685 |
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