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All Journal Al Qalam: Jurnal Ilmiah Keagamaan dan Kemasyarakatan Jurisprudensi: Jurnal Ilmu Syariah, Perundang-undangan, Ekonomi Islam
Ahmad Musadad
Universitas Trunojoyo Madura, Jawa Timur, Indonesia
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Contribution of Fiqh Maslahah Rules in the Formulation of Fatwa DSN MUI Asmoi Asmoi; Ahmad Musadad
Al Qalam: Jurnal Ilmiah Keagamaan dan Kemasyarakatan Vol. 20, No. 1 : Al Qalam (January 2026 - Special Edition: Islamic Studies)
Publisher : Sekolah Tinggi Ilmu Al-Qur'an (STIQ) Amuntai Kalimantan Selatan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35931/aq.v20i1.5670

Abstract

This research is based on the need of Muslims for legal guidance that is responsive to the development of modern Islamic economics and finance. Fatwas have a strategic role in addressing contemporary issues, particularly in Indonesia through the National Sharia Council of the Indonesian Ulema Council (DSN-MUI) as the authoritative institution in issuing fatwas. The purpose of this research is to analyze the role of the principle of maslahat as the main basis in the legal istinbath process carried out by DSN-MUI. The method used is a descriptive qualitative approach with a literature review of DSN-MUI fatwas as well as references to fiqh books and the principles of ushul fiqh. The results show that the principles of maslahat, such as ainama wujidati al-maslahatu fasamma hukmullahi, dar’u al-mafāsid muqaddam ‘alā jalb al-maṣāliḥ, and tasharruful imam ‘ala raiyatihi manutun bi al-maslahah, play an important role in adapting Sharia law to the dynamics of modern finance. In conclusion, the application of the principle of maslahat allows the DSN-MUI fatwa to remain contextual, flexible, and relevant without abandoning the basic principles of Islamic law.
Asymmetric Information in Nempil Ayam Transactions in Traditional Markets: A Sharia Economic Law and Consumer Protection Perspective Nur Lailah; Galuh Widitya Qomaro; Mohammad Ali Hisyam; Ahmad Musadad
Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan dan Ekonomi Islam Vol. 18 No. 2 (2026): Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan dan Ekonomi Islam
Publisher : Fakultas Syariah IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/jurisprudensi.v18i2.13297

Abstract

The practice of nempil chicken transactions in traditional markets should ideally be conducted based on the principles of justice, openness, transparency, and mutual consent, as emphasized in Islamic economic law and Law Number 8 of 1999 on Consumer Protection. In reality, however, asymmetric information remains prevalent, particularly regarding access to information about chicken prices and quality, placing consumers in a disadvantaged position in transactions. This study aims to analyze the practice of nempil chicken transactions from the perspectives of Islamic economic law and consumer protection, as well as to identify forms of information asymmetry occurring in such transactions. The study employs a qualitative method with a descriptive-analytical approach through observations and interviews conducted in several traditional markets in Surabaya. The findings reveal differences in prices offered to ordinary consumers and fellow traders, as well as limited consumer access to information concerning chicken prices and quality, potentially involving elements of gharar and tadlis. This study contributes to the development of a consumer protection model based on Islamic economic law by strengthening price transparency, educating traders and consumers, and enhancing market supervision to promote nempil transactions that are fairer, more transparent, and consistent with Islamic principles.
Co-Authors Asmoi Asmoi Galuh Widitya Qomaro Mohammad Ali Hisyam Nur Lailah