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All Journal Al-Mizan (e-Journal) Istismar : Jurnal Kajian dan Penelitian Ekonomi dan Bisnis Islam Khazanah : Journal of Islamic Studies
Hannani Hannani
Institut Agama Islam Negeri Parepare, Indonesia
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal Cartainty in Digital Sharia Business Contracts: Problems of Validity, Sharia Compliance and Dispute Resolution in Makassar Andi Candrawali Makmur; Widi Rahman; Hannani Hannani; Zainal Said
Khazanah : Journal of Islamic Studies Vol. 5 No. 2 (2026): Volume 5 Nomor 2 Mei (2026)
Publisher : Pusdikra Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51178/khazanah.v5i2.3531

Abstract

This study examines legal certainty in digital sharia business contracts in Makassar, focusing on three dimensions: contract validity, sharia compliance, and dispute resolution mechanisms. Employing empirical legal research with a qualitative approach and purposive sampling of nine key informants comprising judges of the Religious Court of Makassar, sharia compliance officers, Islamic economics academics, OJK Regional 6 officials, DSN-MUI/MUI Sulawesi Selatan members, and Religious Court judiciary the research reveals three principal findings. First, digital sharia contract validity is not fully synchronized between Indonesian positive law (UU ITE) and Islamic economic law (KHES/fiqh muamalah), with critical normative gaps in electronic ijab-qabul standards, digital KYC adequacy, and the formal legal status of DSN-MUI fatwas. Second, sharia compliance operates under a multi-layered normative structure but suffers from serious regulatory lag, disharmony between POJK provisions and DSN-MUI fatwas, and limited digital competency among Sharia Supervisory Boards (DPS). Third, dispute resolution through Religious Courts faces structural barriers including inconsistent judicial interpretation, the absence of a Supreme Court Regulation (Perma) specifically governing digital sharia contract disputes, and inadequate electronic evidence standards. The study concludes that Indonesia requires a comprehensive Digital Sharia Economic Law integrating UU ITE, UU Perbankan Syariah, and fiqh muamalah principles, accompanied by revised KHES provisions on digital akad, a joint OJK-DSN-MUI regulatory committee, and an integrated national shariah digital regulatory portal.
FINTECH SYARIAH DAN PERLINDUNGAN KONSUMEN MUSLIM: MENATA ULANG KERANGKA HUKUM BISNIS DI TENGAH DISRUPSI GLOBAL DI KABUPATEN PINRANG Reni Anggreni; Nur Afiat Agus; Zainal Said; Hannani Hannani
ISTISMAR Vol. 9 No. 1 (2026): Juni
Publisher : LPPM Universitas KH. A. Wahab Hasbullah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32764/rqcb0k92

Abstract

The development of Islamic financial technology (fintech) has accelerated the transformation of financial services by providing faster, more accessible, and inclusive financial solutions for Muslim communities. However, this advancement has also generated challenges related to consumer protection, personal data security, information transparency, and regulatory effectiveness amid digital disruption. This study aims to analyze the practices of Islamic fintech utilization, the protection of Muslim consumers, the effectiveness of the existing business legal framework, and to formulate a reconstructed legal framework for Islamic fintech in Pinrang Regency. This research employed a qualitative approach using field research methods through in-depth interviews, observations, and documentation. The informants consisted of Islamic fintech users, micro and small business owners, academics, religious leaders, and Islamic finance practitioners. The findings reveal that Islamic fintech is widely accepted due to its accessibility and efficiency in financial services. Nevertheless, consumer protection remains challenged by low Islamic financial literacy, limited understanding of sharia contracts, concerns regarding personal data security, and inadequate awareness of dispute resolution mechanisms. The study also identifies a regulatory gap caused by the rapid pace of technological innovation compared to legal and regulatory developments. Therefore, this research proposes a reconstructed Islamic fintech business law framework based on adaptive regulation, literacy enhancement, digital data protection, and the integration of maqashid al-shariah principles as the foundation of Muslim consumer protection. This framework is expected to strengthen consumer protection while supporting the sustainable development of Islamic fintech. Keywords : Islamic fintech; Consumer protection; Business law; Maqashid alshariah; Digital disruption.
Fenomena “Marriage is Scary” di Kalangan Generasi Muda Kota Parepare: Analisis Sosial-Budaya dan Hukum Keluarga Islam Zainul Bihaqi; M. Ali Rusdi; Saidah Saidah; Rusdaya Basri; Hannani Hannani; Muhiddin Bakri
Al-Mizan (e-Journal) Vol. 22 No. 2 (2026): Al-Mizan (e-Journal) (in press)
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30603/am.v22i2.8049

Abstract

This study discusses the cultural phenomenon as the reason for the emergence of the marriage-is-scary trend in Parepare City from the perspective of Islamic family law. This study aims to analyze the social and cultural factors that influence the emergence of the “marriage is scary” trend among the younger generation, and examine this phenomenon through the approach of Islamic family law and maqāṣid ash-syarī‘ah. This study is a field research study with an empirical juridical approach and uses a descriptive qualitative method. Data sources consist of primary data and secondary data obtained through interviews, observations, and documentation. Data analysis techniques are carried out through the stages of data reduction, data presentation, and drawing conclusions. The theories used in this study are rational choice theory and maqāṣid ash-syarī‘ah theory. The results of the study show that: 1) factors that influence the marriage-scare phenomenon in Parepare City include economic, psychological, and social factors. Economic instability, high living costs, and financial pressures such as dowry are the main reasons why the younger generation is afraid of getting married; 2) Bugis-Makassar cultural factors, particularly the concept of siri' na pacce and the tradition of dowry (panai'), exert significant social pressure on the institution of marriage, thus viewing marriage as a symbol of family honor that demands material wellbeing and social status; 3) Islamic family law views marriage as an act of worship and a means of preserving offspring (hifẓ al-nasl). Therefore, cultural practices that hinder marriage by burdening prospective spouses need to be reconstructed to maintain Islamic principles of wellbeing.
Co-Authors Andi Candrawali Makmur Muhammad Ali Rusdi Bedong Muhiddin Bakri Nur Afiat Agus Reni Anggreni Rusdaya Basri Saidah Saidah Widi Rahman Zainal Said Zainul Bihaqi