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All Journal Hakam : Jurnal Kajian Hukum Islam dan Hukum Ekonomi Islam
Fahmi Hasan Nugroho
Universitas Islam Negeri Sunan Gunung Djati Bandung
Religion Law, Crime, Criminology & Criminal Justice

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OPPOSING TRAJECTORIES IN GOLD INSTALLMENT FATWAS: A COMPARATIVE STUDY OF THE EGYPTIAN AND JORDANIAN DAR AL-IFTA Fahmi Hasan Nugroho; Mohamad Anton Athoillah; Ending Solehudin; Beni Ahmad Saebani
JURNAL HAKAM Vol 10, No 3 (2026)
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/jhi.v10i3.16284

Abstract

The practice of purchasing gold through installment scheme has emerged as one of the most debated issues in contemporary Islamic financial law, directly linked to the hadith on riba in gold transactions. Two leading fatwa authorities—Egypt’s Dar al-Ifta’ and Jordan’s Dar al-Ifta’—have adopted strikingly opposite trajectories: Egypt shifted from prohibition to permissibility, while Jordan moved from permissibility to prohibition. This article maps these contrasting directions and explains them through the framework of usul al-fiqh, particularly the principle of dawārān al-‘illah ma‘a al-ḥukm, alongside semantic analysis, qiyas, ‘urf, theory of legal change, and maslahah. The study is a normative legal study based on the official fatwas issued by both institutions between 1978 and 2024. Using a method of close reading and comparative analysis, it identifies the patterns of usul-based reasoning employed and presents them in descriptive-analytical form. The findings reveal that Egypt’s Dar al-Ifta’ shift was driven by the judgment that the illah of thamaniyyah (currency-value) in gold has diminished in processed forms of gold, thereby weakening the application of riba. In contrast, Jordan’s Dar al-Ifta’ continued to uphold thamaniyyah as an inherent and enduring attribute of all types of gold, and consequently reaffirmed the prohibition of gold installment sales.
Co-Authors Ending Solehudin Mohamad Anton Athoillah Saebani, Beni Ahmad