Lahmudinur Lahmudinur
Institut Agama Islam Darul Ulum Kandangan, Indonesia

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

Analisis Kaidah Al-‘Ādah Muḥakkamah Terhadap Praktik Kesepakatan Lisan (Tukar dan Jual) dalam Transaksi Sehari-Hari Masyarakat Hulu Sungai Kalimantan Selatan Muliana Muliana; Siti Anida; Lahmudinur Lahmudinur
Indonesian Journal of Islamic Jurisprudence, Economic and Legal Theory Vol. 4 No. 2 (2026)
Publisher : SPT. haria Journal and Education Center Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62976/ijijel.v4i2.1839

Abstract

‘Urf Sahih This study discusses the application of the principle of al-‘ādah muḥakkamah to the practice of verbal agreements using the expressions “exchange” and “sell” in everyday transactions among the Hulu Sungai community in South Kalimantan. The study aims to analyze the validity of this practice from an Islamic legal perspective. The method used is qualitative research with a descriptive-analytical approach through a normative approach and case studies. The results show that the practice of verbal transactions carried out based on community customs can be categorized as ‘urf sahih because they contain elements of willingness, clarity, and social recognition. Islamic law also allows for local traditions in the practice of muamalah as long as they do not conflict with sharia and do not contain elements of usury, gharar, fraud, and coercion. Thus, the principle of al-‘ādah muḥakkamah becomes an important foundation in understanding the relationship between Islamic law and community customs.
Penerapan Kaidah Al-Masyaqqah Tajlibu At-Taysir dalam Akad Transaksi Jual Beli Online (E-Commerce) Nur Azizah; Siti Maulidya Putri; Lahmudinur Lahmudinur
Indonesian Journal of Islamic Jurisprudence, Economic and Legal Theory Vol. 4 No. 2 (2026)
Publisher : SPT. haria Journal and Education Center Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62976/ijijel.v4i2.1843

Abstract

The gap between classical Islamic jurisprudential sale contracts and digital transactions has generated legal issues concerning contract validity, object clarity, and rights protection in e-commerce. This study focuses on the application of the fiqh principle Al-Masyaqqah Tajlibu At-Taysir as the foundation of Islamic legal flexibility in online buying and selling practices. The research employed a qualitative method with a library research approach through the examination of fiqh muamalah and qawaid fiqhiyyah literature. The findings indicate that online transactions present various forms of masyaqqah, including the absence of direct interaction between sellers and buyers, the potential for gharar due to limited product verification, delivery delays, and the risk of product mismatch. The principle of Al-Masyaqqah Tajlibu At-Taysir is applied through the recognition of electronic contracts, product descriptions, review systems, shipment tracking, and return and refund mechanisms as forms of taysir that preserve transactional convenience without neglecting sharia principles. Transaction validity is determined by the fulfillment of mutual consent, clarity, honesty, and justice. This study concludes that Islamic law possesses the capacity to adapt to the development of digital transactions through the application of fiqh principles while maintaining fundamental sharia values.