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Hafisya Agnesia
Universitas Islam Negeri Raden Fatah Palembang

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NAVIGATING SHARIA COMPLIANCE AND LEGAL CERTAINTY IN THE DIGITAL ECONOMY: AN ISTISHAB PERSPECTIVE ON CYBER DISRUPTIONS IN INDONESIA Zulfikri; Hafisya Agnesia; Ria Agustina
I-Finance Journal Vol 11 No 1 (2025): I-FINANCE: a Research Journal on Islamic Finance
Publisher : Fakultas Ekonomi dan Bisnis Islam Universitas Islam Negeri Raden Fatah Palembang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/ifinance.v11i1.36819

Abstract

The acceleration of technological innovation in the digital economy era in Indonesia frequently triggers legal anomalies in the form of regulatory lag (legal vacuum), which places the public at risk of legal uncertainty and civil losses. This study aims to examine and reconstruct the role of the istishab doctrine as a responsive and adaptive ushul fiqh instrument in maintaining legal certainty against various contemporary cyber disruptions. Utilizing a qualitative research design with a normative-conceptual approach, library research data sourced from classical ushul fiqh literature, national regulations, and sectoral authority reports were analyzed using qualitative content analysis. The results indicate that istishab plays a strategic role as a theological-legal safety valve that locks the original legal status of a matter to prevent conflict and social doubt in the digital space. In the phenomenon of online loans (fintech lending), the application of Istishab al-Adam through the maxim Al-Ashlu Bara'at al-Dzimmah establishes that an individual's original status is absolutely free from debt; thus, the full digital burden of proof rests with the financial service provider. Furthermore, in digital asset disputes (cryptocurrency, NFTs, and e-wallets), Istishab Halat al-Asliyah confirms that the initial ownership rights legitimately recorded in the system remain binding and are not annulled by account hacking incidents. Meanwhile, in the social media domain, istishab converges with the principle of the presumption of innocence, asserting that a person's original status is untainted and innocent; consequently, the phenomenon of trial by social media is deemed legally flawed under Sharia law before a valid verification (tabayyun) process through a fair court decision. This study concludes that Islamic law codification possesses high flexibility in responding to modern disruptions to achieve welfare goals (maqashid al-syariah), and recommends that policymakers (OJK, BI, and Komdigi) adopt the principles of fair burden of proof inherent in this istishab doctrine.