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Penilaian Legalitas Perdagangan Kripto di Pasar Komoditas Indonesia: Studi Analitis Berbasis Maqāṣid Al-Sharīʿah. Bakhrul Huda; Rianto Anugerah Wicaksono; Mochammad Andre Agustianto; Fadllan Fadllan
Syariah: Jurnal Hukum dan Pemikiran Vol 25 No 1 (2025)
Publisher : Universitas Islam Negeri Antasari Banjarmasin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18592/sjhp.v25i1.16759

Abstract

Cryptocurrency trading has emerged as a global phenomenon, raising complex legal and ethical questions, particularly within the framework of Islamic law. In Indonesia, the government’s dual-track policy—legalizing crypto assets as commodities while prohibiting them as payment instruments—calls for critical normative analysis. This study aims to assess the legality of cryptocurrency trading in Indonesia’s futures market from the perspective of maqāṣid al-sharīʿah. Employing a normative legal research method integrated with a maqāṣid-based approach, the research analyzes statutory regulations and incorporates primary data from interviews with regulatory authorities (BAPPEBTI). The findings reveal that the legalization policy aligns with aspects of public interest (maṣlaḥah) and falls within the categories of maqāṣid ḥājiyyah and maʿānin ʿurfiyyah ʿāmmah, although continuous monitoring is essential to prevent elements of maysir, gharar, and ḍarar. The uniqueness of this research lies in its synthesis of legal formalism with maqāṣidic reasoning, supported by empirical insights, offering a novel contribution to the field of Islamic economic law. Future research should include comparative studies across Muslim jurisdictions to develop a sharīʿah-compliant regulatory framework responsive to fintech innovation.
Surviving the 25% Cut: A Netnographic Study of Fee Avoidance among Indonesian Shopee Sellers between Darurah and Hajah Isa Mansyur Sholeh; Bakhrul Huda; Lilik Rahmawati
Maliki Islamic Economics Journal Vol 6, No 1 (2026): Maliki Islamic Economics Journal
Publisher : Faculty of Economics UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/miec.v6i1.42527

Abstract

This study analyses fee avoidance by Indonesian Shopee sellers and evaluates its legitimacy from the perspective of Islamic business ethics. A qualitative netnographic design was applied to 12 data units: public threads in an Indonesian Shopee seller Facebook community observed over three months, anonymized screenshots of fee deductions, and Shopee’s published fee schedule. The data were coded through open, axial, and selective coding and then assessed normatively using the maqasid al-shariah framework. The findings show that cumulative administrative, service, and program fees that reach 25 percent of the gross transaction value create substantial pressure on seller margins. Sellers respond through two repertoires: adaptive strategies within platform rules, such as price adjustment and selective program participation, and avoidance strategies that breach those rules, such as off-platform diversion and account switching. The community collectively rationalizes rule-breaking as an emergency. Under fiqh muamalah, however, this condition constitutes hajah rather than darurah and cannot justify departures from wafa bil-uqud and amanah. The study implies that ethical correction requires both seller literacy and greater transparency in platform fee policy. Its limitations are the passive observation of publicly available accounts and its single-platform focus, which restricts generalization.