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All Journal Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan Mabahits Al-Uqud
Helmi Fitriansyah
Universitas Islam Negeri Sunan Gunung Djati Bandung

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The Integration of Maṣlaḥah into Islamic Economic Law through the policy of Halal and Tayyib Certification in Indonesia Faridatun Nisa; Helmi Fitriansyah; Chaerul Saleh
Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan Vol 12, No 1 (2025): April
Publisher : Faculty of Sharia (Islamic Law) at Fatmawati Sukarno State Islamic University Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/mzn.v12i1.6968

Abstract

This article examines the integration of the concept of maṣlaḥah (public interest) within Islamic economic law through the implementation of halal and ṭayyib certification policies in Indonesia. The study aims to analyse the strategic role of these certifications in realising the values of maṣlaḥah and their implications for public welfare. Employing a qualitative approach through library research, this study draws upon scholarly literature, Islamic legal texts, national legislation, and relevant certification policies, particularly following the enactment of Law No. 33 of 2014 concerning Halal Product Assurance in Indonesia. The findings indicate that halal and ṭayyib certifications function not only as instruments of compliance with religious norms, but also as mechanisms for protecting consumer health, ensuring food safety, and promoting environmental sustainability—thus directly supporting the realisation of maṣlaḥah. The main contribution of this research lies in providing a conceptual framework that connects certification mechanisms with the normative principles of Islamic economic law, while offering a basis for strengthening public policy and regulatory systems in Indonesia towards a just, ethical, and sustainable economy grounded in Islamic values
Prohibited Contracts and Sharia Economic Law Review of Counterfeit Goods Practices on E-Commerce Platforms Helmi Fitriansyah; Siti Aisyah
Mabahits Al-Uqud Vol 1 No 2 (2024): December
Publisher : Postgraduate of Univeritas Islam Negeri Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/mau.v1i2.1004

Abstract

The proliferation of counterfeit goods on e-commerce platforms presents a significant challenge to the enforcement of Sharia economic law in the digital age. Such practices infringe upon intellectual property rights and contravene core Islamic principles of justice (‘adl) and honesty (sidq). This study critically examines violations of Sharia principles inherent in the sale of counterfeit goods, with a focus on prohibited contractual practices such as tadlis (fraudulent misrepresentation) and gharar (excessive uncertainty), while proposing actionable solutions to cultivate a Sharia-compliant digital commerce ecosystem. Employing a literature review methodology, this research analyzes secondary data derived from regulatory frameworks, scholarly works, and case studies. Findings reveal that the sale of counterfeit goods breaches fundamental requirements for valid contracts under Sharia law, undermines consumer and producer rights, and erodes societal ethical standards. Key challenges include inadequate regulatory oversight of digital transactions, limited consumer awareness, and the absence of Sharia principles in e-commerce governance frameworks. To address these issues, the study advocates for multistakeholder collaboration among governments, e-commerce platforms, and civil society. Recommendations include the integration of Sharia-compliant regulations into digital trade policies, leveraging artificial intelligence for proactive detection of illicit products, and targeted consumer education campaigns to highlight the ethical and legal ramifications of counterfeit trade. The implications of this research extend to fostering a transparent, equitable, and Sharia-aligned digital marketplace, thereby advancing the sustainability of Islamic commerce in the digital era and reinforcing ethical consumption practices in alignment with Islamic jurisprudence.
Co-Authors Chaerul Saleh Faridatun Nisa Siti Aisyah