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All Journal Journal of Social Studies and Education KASBANA: Jurnal Hukum Ekonomi Syari'ah
Ahmad Sarwini
Institut Agama Islam Darul Falah Bondowoso, Indonesia
Religion Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

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LEGALITAS SMART CONTRACT DALAM PERSPEKTIF HUKUM EKONOMI SYARIAH Hukum Ekonomi Syariah Usman; Ahmad Sarwini
KASBANA Vol 6 No 2 (2026): Juli-Desember
Publisher : Sekolah Tinggi Ilmu Syariah Darul Falah Bondowoso

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53948/kasbana.v6i2.541

Abstract

Abstract The development of blockchain technology has given rise to the innovation of smart contracts, enabling the automatic execution of agreements without intermediaries. However, this raises issues regarding the validity of contracts from the perspective of Islamic economic law. This study aims to analyze the legality of smart contracts based on the principles of Islamic jurisprudence (fiqh muamalah) and assess their compliance with the pillars and conditions of contracts in Islamic law. The research method used is normative juridical with a conceptual and legislative approach, through a review of fiqh literature, fatwas from the National Council of Islamic Scholars (DSN-MUI), and regulations related to electronic transactions. The results indicate that smart contracts can, in principle, be categorized as valid contracts if they fulfill the elements of aqidain (the parties), ma'qud 'alaih (the object of the contract), and shighat (the consent and acceptance) in the form of electronic agreements, and are free from gharar, maisir, and riba (usury). However, the complexity of the code and the nature of automation have the potential to create uncertainty and unfairness in their implementation. In conclusion, smart contracts are acceptable under Islamic economic law, provided they are reconstructed based on the principles of transparency, fairness, and sharia oversight to ensure compliance with the maqasid (maqasid) of sharia, particularly in the protection of assets (hifz al-mal). Keywords: Smart Contract, Blockchain, Islamic Economic Law, Contract, Fiqh Muamalah, Maqasid Sharia
Beyond Administration: Reconstructing Marriage Registration as a Preventive Legal Protection for Women and Children in Indonesia Sutriyono Sutriyono; A. Halil Thahir; Ahmad Sarwini
Journal of Social Studies and Education Vol. 4 No. 1 (2026)
Publisher : Al-Qalam Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61987/jsse.v4i1.3010

Abstract

This study examines marriage registration as a legal protection instrument for women and children through the perspectives of Maqāṣid al-Sharīʿah and Sadd al-Dharīʿah. This study employs normative legal research using statutory, conceptual, and Islamic legal-philosophical approaches. Legal materials were collected through legal document and literature studies involving legislation, court decisions, Islamic legal sources, scholarly literature, and relevant previous studies. The materials were analyzed using normative-qualitative analysis by interpreting and synthesizing legal norms based on Maqāṣid al-Sharīʿah and Sadd al-Dharīʿah. The findings show that marriage registration is not merely an administrative requirement but a preventive legal protection instrument that provides legal certainty and facilitates the fulfillment of women’s and children’s rights. From the Maqāṣid al-Sharīʿah perspective, registration supports the protection of lineage, property, life, and dignity, while Sadd al-Dharīʿah positions registration as a mechanism for preventing potential harms arising from unregistered marriages. The study contributes a normative reconstruction of marriage registration as a maqāṣid-based legal protection instrument, providing a conceptual basis for strengthening marriage registration policies and protecting women and children.
Co-Authors A. Halil Thahir Sutriyono Sutriyono Usman