Kurniati Yunus
Institut Agama Islam Negeri Ternate, Maluku Utara

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Green Economy Construction in the Medina Charter: Integration of Maqashid Sharia and Communicative Action Theory Erwan Setyanoor; Kurniati Yunus; Noor Hasanah; Mir’atun Hasanah; Mowafg Masuwd
Al-'Aqdu: Journal of Islamic Economics Law Vol 6, No 2 (2026): Issue in Press
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/ajiel.v6i2.4547

Abstract

This study analyzes the Medina Charter as a historical-juridical foundation for reconceptualizing Islamic economic law and contemporary muamalah based on sustainability principles. Utilizing a qualitative approach with a library research method, this research integrates contemporary Maqasid al-Shari'ah theory (specifically the pillar of hifz al-bi'ah), Green Economy theory, and Habermas's Theory of Communicative Action. The findings demonstrate that the designation of the Yathrib Valley as a haram (sacred) zone (Article 39) served not only as a political-security consensus but also as an early form of ecological conservation regulation that restricted the exploitation of natural resources. Furthermore, the charter's anti-mafsadah principles and distributive justice lay the ethical foundation for organizing an inclusive Islamic financial market. From a legal-practical perspective, the charter's core values of ta'awun (mutual assistance) and joint financial cost-sharing provide historical legitimacy for structuring contemporary muamalah contracts. This is reflected in the framework of Green Sukuk based on DSN-MUI fatwas, the governance of productive Green Waqf regulated by the Financial Services Authority (OJK), and the transformation of the ma'aqil tradition into a risk-protection scheme based on the tabarru' contract in Takaful. Consequently, the Medina Charter proves to provide a normative blueprint connecting muamalah contract compliance with modern green financial governance.