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This Author published in this journals
All Journal Al-Musthofa: Journal of Sharia Economics International Journal of Social Science and Religion (IJSSR)
Ainul Yaqin
Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto
Religion Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences

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Unpacking Consent in the Digital Age: A Review of Abdullah Saeed's Hermeneutics and Habermas's Communicative Action Theory on Online Standard-Form Contracts Ainul Yaqin; Eva Mir'atun Niswah; Supriyanto
International Journal of Social Science and Religion (IJSSR) 2026: Volume 7 Issue 1
Publisher : Indonesian Academy of Social and Religious Research (IASRR)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53639/ijssr.v7i1.381

Abstract

The digital revolution has completely changed how we transact, making standard-form contracts like "terms and conditions" a common part of our lives. This article examines a crucial question: is the 'one-click' consent we give truly based on genuine willingness ('an tarāḍin), considering that users are in a much weaker position and often lack complete information? Recognizing that rigid, traditional Islamic legal (fiqh) perspectives are insufficient to address this challenge, this research employs two new approaches. First, it uses Abdullah Saeed's theory to look beyond mere written rules to uncover the substantive justice that is the core objective of Sharia (maqāṣid al-sharī'ah). Second, Jürgen Habermas's theory is applied to deconstruct how digital contracts often operate unilaterally, leaving no room for fair dialogue. Drawing on a case study of several Sharia-based digital applications in Indonesia, this article argues that consent in the digital age is no longer merely about the absence of physical coercion. More importantly, true willingness demands real justice and an agreement process that is transparent, equal, and free from domination by any party. In conclusion, this article offers concrete recommendations for digital platforms, regulators, and fatwa institutions on how to design contracts that are more ethical, fair, and truly in line with the spirit of Sharia.
Perlindungan Konsumen Muslim di Marketplace: Urgensi Transparansi Sertifikat Halal Digital (Studi pada Shopee) Nanda Misbahul Humam; Fathurohman; Ainul Yaqin; Rohman Maulana
Al-Musthofa: Journal of Sharia Economics Vol. 8 No. 2 (2025): Al Musthofa: Journal of Sharia Economics
Publisher : Program Studi Ekonomi Syariah Fakultas Ekonomi dan Bisnis Islam Institut Agama Islam Tarbiyatut Tholabah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58518/al-musthofa.v8i2.4326

Abstract

The rapid growth of digital marketplaces demands assurance of product halalness for Muslim consumers. However, many products on platforms such as Shopee still lack clear information regarding their halal status. This study aims to analyze the guarantee of halal products in marketplaces and Shopee’s policy related to the transparency of digital halal certification. This research employs a normative juridical method using library research, focusing on legal regulations and Shopee’s internal policies. The findings indicate that halal product assurance represents a form of legal protection for Muslim consumers, in line with the principles of honesty (shidq) and responsibility (amanah). Shopee has not yet implemented a specific verification mechanism for digital halal certificates, making transparency of halal information an urgent necessity to ensure Muslim consumer protection in the era of electronic commerce.
Co-Authors Eva Mir'atun Niswah Fathurohman Nanda Misbahul Humam Rohman Maulana Supriyanto