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Asep Risnandar
Program Studi Hukum Islam, UIN Sunan Gunung Djati Bandung, Indonesia
Religion Arts Humanities Computer Science & IT Economics, Econometrics & Finance Education Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Medicine & Pharmacology Social Sciences

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Perkembangan Konsep Keadilan Distributif dalam Pemikiran Ekonomi Syariah: Tinjauan atas Doktrin Anti Monopoli Asep Risnandar; Iib Hibaturohman; Nurrohman Syarif; Eko Bambang Rahmono; Tb Rifat
Varied Knowledge Journal Vol. 4 No. 1 (2026): Varied Knowledge Journal, August 2026 - In Press
Publisher : CV. Global Cendekia Inti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71094/vkj.v4i1.321

Abstract

Monopolistic practices and wealth distribution inequalities contradict the principle of justice in Islamic economics. This study aims to analyze the development of the concept of distributive justice and anti-monopoly doctrine in Islamic economic thought, as well as their relevance to competition regulation in Indonesia. The study employs a qualitative method with a historical-comparative approach through a literature review of the works of classical scholars and contemporary Muslim economists. Data were analyzed using content analysis and comparative analysis with Law No. 5 of 1999 on the Prohibition of Monopolistic Practices and Unfair Business Competition. The results show that the concept of distributive justice evolved from the normative foundations of the Qur’an and Sunnah into a comprehensive institutional framework. The Islamic anti-monopoly doctrine is built upon the prohibition of ihtikar, the hisbah mechanism, the concept of tas’ir, and the prohibition of market manipulation all grounded in the principles of ‘adl and the maqashid al-shari’ah. Although it has strong relevance to competition regulation in Indonesia, Law No. 5 of 1999 still requires strengthening of its ethical and moral dimensions, which are rooted in Islamic economic values. This study contributes to the development of a normative framework for Islamic economics as an alternative solution to monopolistic practices in Indonesia.
Penerapan Kaidah Istishab sebagai Dasar Penetapan Keabsahan Akad dalam Transaksi Keuangan Syariah Kontemporer Iib Hibaturohman; Asep Risnandar; Syahrul Anwar; Ending Solehudin; Tb Rifat
Varied Knowledge Journal Vol. 4 No. 1 (2026): Varied Knowledge Journal, August 2026 - In Press
Publisher : CV. Global Cendekia Inti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71094/vkj.v4i1.323

Abstract

The rapid growth of Islamic financial transactions in Indonesia has given rise to various new products and contracts that require a solid legal foundation in Islamic law that is scientifically sound. One of the principles of usul al-fiqh that is highly relevant but has not yet been studied in depth in the context of the modern Islamic economy is the principle of istishab. This study aims to analyze the position of the Istishab principle within the hierarchy of Islamic legal evidence, examine its application as the basis for determining the validity of contracts in contemporary Islamic financial transactions, and formulate its implications for Islamic financial regulations in Indonesia. This study employs a normative legal research method using usul al-fiqh, conceptual, and comparative approaches. Primary data sources include the Qur’an, Hadith, classical and contemporary usul al-fiqh texts, fatwas from the National Sharia Council of the Indonesian Ulema Council (DSN-MUI), and regulations from the Financial Services Authority (OJK). The results of the study indicate that the principle of Istishab, through the principles of al-yaqinu la yuzalu bi al-syakk and al-ashlu fi al-asya' al-ibahah, possesses legal force that can serve as a basis for determining the validity of Islamic financial contracts, particularly in situations of legal uncertainty arising from the emergence of new financial products. The application of istishab has been found to be relevant to financing contracts (murabahah and mudharabah), investment contracts (sukuk and Sharia-compliant mutual funds), and technology-based transactions within the Sharia fintech ecosystem.
Co-Authors Eko Bambang Rahmono Ending Solehudin Iib Hibaturohman Nurrohman Syarif Syahrul Anwar Tb Rifat