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All Journal AHKAM : Jurnal Hukum Islam dan Humaniora Asian Journal of Islamic Studies and Da'wah
Abdul Aziz Anwar
Unknown Affiliation
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Implementasi Kaidah al-Ḍarar Yuzāl dalam Penyelesaian Masalah Ekonomi Digital Perspektif Maqāṣid al-Syarī‘ah Abd. Rahman; Abdul Aziz Anwar; Imran Anwar Kuba; Achmad Musyahid
AHKAM Vol 5 No 3 (2026): SEPTEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i3.10203

Abstract

The development of the Sharia digital economy in Indonesia provides ease of transactions, but it also gives rise to new risks, such as ambiguity in electronic contracts, exploitation of personal data, digital consumptive behavior, and weak consumer protection. Although previous studies have focused more on the formal legality of Sharia transactions, studies on the implementation of the principle of al-ḍarar yuzāl in preventing social and economic harm in the digital space remain limited. This study aims to analyze the relevance and implementation of the principle of al-ḍarar yuzāl in the Sharia digital economy from the perspective of maqāṣid al-syarī‘ah. This study used a qualitative approach with a literature study design through the analysis of scientific literature, regulations, fatwas, and documents related to Sharia fintech practices and the digital economy in Indonesia. Data were collected through documentation and searches of relevant academic sources and were then analyzed descriptively and interpretively. The results show that the implementation of the principle of al-ḍarar yuzāl in the Sharia digital economy has not been optimal because elements of gharar, weak contract transparency, digital algorithm manipulation, and low public digital literacy are still found. The findings also show a transformation in the meaning of harm in the digital space, which is not only manifested in financial losses but also includes the exploitation of personal data, psychological pressure, and technological dependence. From the perspective of maqāṣid al-syarī‘ah, the protection of wealth (ḥifẓ al-māl), intellect (ḥifẓ al-‘aql), and life (ḥifẓ al-nafs) serves as an important foundation for the development of the Sharia digital economy. The conclusion of this study emphasizes that the principle of al-ḍarar yuzāl is relevant as a normative basis for preventing harm in the Sharia digital economy. The implications of this study include the need to strengthen regulation, technological ethics, and Sharia digital literacy in order to realize a digital economic ecosystem that is fair, secure, and oriented toward public welfare.
Rekonstruksi Pendekatan Hukum Berbasis Maqasid Syariah dalam Pembentukan Peraturan Perundang-Undangan di Indonesia Abd. Rahman; Muhammad Afif; Zulfitriana Zulfitriana; Abdul Aziz Anwar; Andi Herawati; Azman Arsyad
Asian Journal of Islamic Studies and Da'wah Vol 4 No 4 (2026): Asian Journal of Islamic Studies and Da'wah
Publisher : Darul Yasin Al Sys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ajisd.v4i4.10810

Abstract

The formation of laws and regulations in Indonesia is still dominated by a legal-positivist approach oriented toward procedure and formal validity, so it has not fully addressed the demands of substantive justice and public welfare. This condition is reflected in the continued existence of regulatory disharmony, overlapping norms, and the low effectiveness of legal implementation. This study aims to analyze the relevance of Maqasid Shariah as a substantive paradigm in the formation of laws and regulations and to formulate a maqasid-based legislative reconstruction model within the national legal system. This study uses a normative legal method with conceptual and statutory approaches. Data were obtained through library research covering laws and regulations, legal literature, scholarly articles, and relevant policy documents, then analyzed qualitatively using descriptive-analytical techniques. The results of the study show that the dominance of the legal-positivist approach in national legislation tends to place formal legality as the primary measure of legal success. In contrast, Maqasid Shariah as developed by Jasser Auda offers a legislative paradigm oriented toward public welfare, justice, protection of fundamental rights, and societal well-being. This study formulates a maqasid-based legislative model through three main stages, namely legislative planning, norm formulation, and regulatory evaluation, with four basic principles: orientation toward public welfare, protection of fundamental rights, inclusive public participation, and policy sustainability. The conclusion of the study affirms that the integration of Maqasid Shariah into the legislative process can strengthen the coherence between formal legality and substantive justice. The implications of this study contribute to the development of legislative theory and provide practical direction for lawmakers in improving regulatory quality and legal effectiveness in Indonesia.
Co-Authors Abd. Rahman Achmad Musyahid Idrus Andi Herawati azman arsyad Imran Anwar Kuba Muhammad Afif Zulfitriana Zulfitriana