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All Journal JURISTA : Jurnal Hukum dan Keadilan Al-Mudharabah
Safira Mustaqilla
Universitas Islam Negeri Ar-Raniry Banda Aceh, Indonesia
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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GOVERNING GREEN FINANCE IN ACEH: LEGAL FRAGMENTATION, ISLAMIC ECONOMIC LAW AND INDONESIAN POSITIVE LAW Milda Yatul Jamilah; Safira Mustaqilla; Saifuddin Sa'dan
Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah Vol. 7 No. 2 (2026): Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah [Forthcoming December 2026]
Publisher : Prodi Hukum Ekonomi Syariah, Fakultas Syariah dan Hukum, UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/al-mudharabah.v7i2.10751

Abstract

Green finance in Aceh sits at the intersection of Indonesia’s sustainable-finance regime, Aceh’s special autonomy, mandatory sharia compliance and the environmental harms associated with unlicensed gold mining. This article argues that the framework is procedurally dense but substantively fragmented: it requires plans, disclosure and taxonomic classification without integrating ecological legality, harm prevention and remediation into financing duties. Through doctrinal analysis and limited functional comparison, it constructs a Prevent–Transition–Restore model. The model links negative screening and traceability to inclusive sharia financing for livelihood transition and ring-fenced instruments for ecological restoration, while preserving the distinction between fiqh reasoning and enforceable positive law.
The Legality of Buying and Selling Imported Used Clothing in Banda Aceh: A Study of MUI DSN Fatwa No. 110/DSN-MUI/IX/2017 on Sales Contracts Khalid Akbar; Safira Mustaqilla; Azka Amalia Jihad
JURISTA: Jurnal Hukum dan Keadilan Vol. 9 No. 1 (2025): JURISTA: Jurnal Hukum dan Keadilan
Publisher : Centre for Adat and Legal Studies of Aceh Province (CeFALSAP)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jurista.v9i1.245

Abstract

This study aims to determine how the system of buying and selling imported used clothing in Banda Aceh is viewed from the perspective of fiqh muamalah and to examine it in terms of the elements of gharar and the fatwa of DSN-MUI No: 110/DSN-MUI/IX/2017 concerning the contract of sale. This study employs a qualitative method using a legal-empirical approach. The findings reveal that the system of buying and selling imported used clothing in Banda Aceh involves three parties in the transaction: the seller, the buyer, and the distributor. The seller orders and purchases clothing from the distributor in the form of bags without being allowed to inspect the contents. Upon arrival, the clothing is sorted according to quality, washed thoroughly, and then sold to the buyer. In general, the practice of buying and selling imported used clothing in Banda Aceh aligns with the principles and conditions of Islamic sales transactions. However, when examining the transactions between sellers and distributors of imported used clothing, there is an element of gharar, which involves uncertainty about the goods being purchased, as sellers are not permitted to inspect the goods in the bags before they are shipped. This falls under the category of gharar, which is not permitted in Islam.
Co-Authors Azka Amalia Jihad Khalid Akbar Milda Yatul Jamilah Saifuddin Sa'dan