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All Journal Didaktik : Jurnal Ilmiah PGSD STKIP Subang Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Agus Rojak Samsudin
Institut Agama Islam Al-Zaytun Indonesia
Education Law, Crime, Criminology & Criminal Justice

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IMPLEMENTASI KAIDAH AL-YAQĪN LĀ YAZŪLU BI AL-SYAKK PADA SENGKETA AKAD DIGITAL DAN PEMBUKTIAN ELEKTRONIK DI INDONESIA Nur Rizki Aulia; Raka Indra Purnama; Rifaldi Hidayat; Agus Rojak Samsudin
Didaktik : Jurnal Ilmiah PGSD STKIP Subang Vol. 12 No. 3 (2026): Volume 12 No. 3, September 2026 Release
Publisher : STKIP Subang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36989/didaktik.v12i3.16996

Abstract

The development of digital transactions in Indonesia has transformed the implementation of contracts while raising legal issues concerning the validity of digital contracts and the evidentiary value of electronic evidence in dispute resolution. This study aims to analyze the implementation of the legal maxim al-yaqīn lā yazūlu bi al-syakk (certainty is not overruled by doubt) in resolving disputes over digital contracts and its relevance to electronic evidence in Indonesia. This research employs a normative legal method using conceptual, statutory, and library research approaches. The data were collected from legislation, Islamic jurisprudence literature, books, and scholarly journals and analyzed using a qualitative descriptive method. The findings indicate that the legal maxim al-yaqīn lā yazūlu bi al-syakk provides a normative foundation that a digital contract supported by valid electronic evidence cannot be invalidated solely based on allegations or denial without sufficient proof. The validity of digital contracts in Islamic commercial law (fiqh muamalah) is recognized as long as the essential elements and legal requirements of a contract are fulfilled, including mutual consent, a clearly defined object, and a lawful purpose. Furthermore, the study demonstrates a strong alignment between the principle of legal certainty in Islamic law and the recognition of electronic evidence under Indonesian positive law. Therefore, this legal maxim remains relevant as a normative basis for resolving digital contract disputes while strengthening legal certainty and legal protection for parties involved in electronic transactions.
Analisis Tradisi Praktik Gadai Sawah Dalam Perspektif Fikih Muamalah Di Blok Babakan Palasah, Gantar, Indramayu Mulyaningsih Mulyaningsih; Putri Hanifah Nur Islamiah; Wasiyah Wasiyah; Agus Rojak Samsudin
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 6 No. 2 (2026): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v6i2.905

Abstract

This study examines the traditional practice of paddy field pawning (rahn) in Blok Babakan Palasah from the perspective of fiqh muamalah and qawa'id fiqhiyyah. The practice is commonly conducted through an oral agreement passed down through generations, in which the pledgee (murtahin) fully manages the pawned paddy field and enjoys its entire harvest during the pawning period, generally two to three years, without sharing the yield with the pledgor (rahin). Using a qualitative descriptive field research design with normative-juridical and sociological approaches, data were collected through interviews with pledgors, pledgees, and religious leaders, then analyzed using the interactive model of Miles, Huberman, and Saldana. The findings show that although the practice is regarded by most parties as a mutually beneficial and fair custom ('urf) rooted in social trust, it does not fully meet the requirements of a valid rahn contract because the pledgee's full appropriation of the harvest without compensation indicates riba and potential injustice toward the pledgor, as also confirmed by religious leaders. The study recommends restructuring the pawning agreement through separate contracts such as ijarah, mudharabah, or muzara'ah, accompanied by written documentation as a preventive measure against exploitative practices.
Co-Authors Mulyaningsih Mulyaningsih Nur Rizki Aulia Putri Hanifah Nur Islamiah Raka Indra Purnama Rifaldi Hidayat Wasiyah Wasiyah