AL-IKTISAB: Journal of Islamic Economic Law

Gharar in Shafi'i Jurisprudence: Reassessing Its Validity in E-Commerce Transactions

2025-05-03T15:18:34+08:00

The widespread adoption of e-commerce among Muslim consumers presents significant legal challenges, particularly concerning the validity of digital transactions under Shafi’i jurisprudence, which emphasizes contractual clarity and certainty. This research addresses these challenges by reassessing the concept of gharar within the Shafi’i school in modern digital commerce. It sets out three objectives, to examine classical definitions and legal thresholds of gharar according to Shafi’i scholars, identify manifestations of uncertainty in current e-commerce practices, and evaluate the extent to which reinterpretation is possible while maintaining doctrinal consistency. Using a normative juridical method and content analysis of classical texts such as Mukhtashar Al-Umm and Al-Majmu’, as well as contemporary scholarship, this research finds that most digital transaction uncertainties qualify as gharar yasir (minor uncertainty) and therefore do not invalidate contracts. These findings underscore that consumer consent, established commercial customs (‘urf), and platform safeguards (such as refund policies and transparency features) effectively reduce legal ambiguity. The research further confirms that the Shafi’i framework possesses sufficient flexibility, through legal maxims (qawaid fiqhiyyah) and considerations of public interest (maslahah), to accommodate evolving transaction models without compromising its core principles. Thus, this research affirms the ongoing relevance of Shafi’i jurisprudence in regulating the ethical and legal dimensions of e-commerce.

Implementation of Wakalah wal Murabahah Financing in Improving the Quality of Life of Underprivileged Women

2025-08-29T21:41:45+08:00

Although Islamic microfinance institutions adopt wakalah and murabahah contracts to empower underprivileged women, challenges remain regarding their conformity with sharia principles, members’ limited understanding of the contracts, and difficulties in the joint liability mechanism. This research aims to examine the implementation of the wakalah and murabahah contracts within the Islamic microfinance scheme applied by Koperasi Mitra Dhuafa (KOMIDA) Meulaboh branch, as well as their impact on the economic empowerment of underprivileged women. This research employed a qualitative approach with a case study design at KOMIDA Meulaboh. Data were collected through interviews, participatory observation, and document analysis, and subsequently analyzed using the Miles and Huberman model, which consists of data collection, reduction, presentation, and conclusion drawing. The validity of the data was ensured through source and method triangulation. The findings reveal that the implementation of wakalah and murabahah contracts at KOMIDA Meulaboh generally adheres to sharia principles, although in practice certain dynamics affect their conformity. The financing process extends from member recruitment to loan repayment, with several technical adjustments that have implications for the contractual form. Nevertheless, this financing scheme has been proven to increase income, strengthen microenterprises, and empower underprivileged women, despite limited understanding of the contracts and challenges in the joint liability mechanism. These contracts have the potential to serve as instruments of empowerment, however, their effectiveness largely depends on sustained mentoring, Islamic financial education, and compliance with fiqh muamalah principles.

Halal Studies: Various Approaches and Research Designs

2025-11-08T12:26:43+08:00

Research on halal studies continues to develop and demonstrates rapid trends and significant growth, meaning it remains highly relevant today and into the future. The research approaches available are also highly diverse. The increasing complexity of human life, particularly for Muslims, necessitates new developments in approaches and methodological aspects, as it inevitably overlaps with other disciplines. This research aims to explore the variety of approaches and designs in halal studies research. This research employed qualitative methods with a literature review approach. The results indicate that halal studies research can be conducted through qualitative, quantitative, or mixed methods, using various approaches, such as monodisciplinary, intradisciplinary, crossdisciplinary, multidisciplinary, interdisciplinary, and transdisciplinary. Research design is the most important aspect in formulating the research's novelty, significance (usefulness), and contribution. These aspects include the research title, research problem, research focus, research theory, population and sample, data collection instruments and techniques, and data analysis. The importance of research design lies in its function as a foundation for ensuring valid and reliable research data, thus producing credible and accountable findings. Research design provides a systematic guide for planning, collecting, and analyzing data to accurately address research questions and provides a framework for efficient research execution and replication by other researchers.

The Status of Actual Costs in Billing Rescheduling: Perspectives of Fiqh Muamalah and Regulation of Islamic Financial Institutions (IFI) Post DSN-MUI Fatwa No. 134 of 2020

2025-11-09T16:17:34+08:00

The practice of rescheduling murabahah financing is a crucial mechanism within Islamic Financial Institutions (IFI) to address non-performing financing and simultaneously adhere to the principle of prudence, as mandated by the Islamic Banking Law. IFI are obligated to comply with the sharia provisions established by the National Sharia Council (DSN) of the Indonesian Ulama Council (MUI). This research specifically aims to examine the status and implications of DSN-MUI Fatwa No. 134 of 2020 concerning Actual Costs Due to Billing Rescheduling within the framework of Islamic law and financial regulation in Indonesia. This research employs a qualitative library research method with a content analysis technique. Data is gathered from fiqh muamalah literature, DSN-MUI fatwa, and the regulations of the Financial Services Authority (OJK) and the Islamic Banking Law. The analysis reveals a significant intersection between the perspective of fiqh muamalah and IFI Regulation following DSN-MUI Fatwa No. 134 of 2020. From the fiqh muamalah side, the fatwa strictly prohibits increasing the principal debt to avoid riba. However, the recognition of imposing actual costs triggers contemporary fiqh debate, the majority scholarly view tends to reject any cost addition on debt unless it is purely allocated as a social fund (ta'zir). This raises substantial questions regarding the status of actual costs if they are recognized as operational revenue for the IFI. From the IFI Regulation side, DSN-MUI Fatwa No. 134 of 2020 holds a very strong position as a legally binding compliance standard, mandated by the Islamic Banking Law. The fatwa serves a dual function, as sharia legitimacy for prudent rescheduling practices, and as a tool for consumer protection against fictitious costs.

Influence of Education Level and Income Level on Public Interest in Paying Zakat at LAZISMU Magelang Central Java Indonesia

2025-11-20T15:42:40+08:00

Zakat is one of the obligations in Islam that plays an important role in economic equality and social welfare. However, the level of community compliance in associated with paying zakat is still diverse and is influenced by various factors. This research aims to analyze influence of education level and income level on the interest of the public in paying zakat at LAZISMU Magelang. This research uses a quantitative survey approach through questionnaires distributed to muzakki in LAZISMU Magelang. The analysis technique used is multiple linear regression to test the relationship between the independent variable (education level and income level) and the dependent variable (interest in paying zakat). The results showed that the level of education has a significant influence on interest in paying zakat, where the higher the level of education of a person is, the greater his or her awareness of paying zakat. Moreover, income level affects interest in paying zakat, but in some cases, an increase in income is not always followed by an increase in compliance in paying zakat. This finding shows that in addition to economic factors, religious understanding obtained from education is also a key factor in increasing public participation in zakat payments. Therefore, more intensive zakat education and socialization efforts are needed so that people are more aware of fulfilling their obligations.