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Alya Ana Tasya
Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

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Tinjauan Hukum Ekonomi Syariah terhadap Jual Beli Pesanan Mebel di Kabupaten Pasaman Alya Ana Tasya; Basri Na'ali
Maqasid Forum : Journal of Islamic Law, Jurisprudence, and Public Policy Vol. 1 No. 2 (2026): June 2026
Publisher : Maqasid Forum : Journal of Islamic Law, Jurisprudence, and Public Policy

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/maqasidforum.v1i2.1526

Abstract

This field-based qualitative study investigates furniture order transactions at Perabot Tunas Jaya in Bonjol, Pasaman, which involve a third-party financier who settles consumer debts and demands repayment in installments with a 46 to 50 percent markup. Primary data were gathered through in-depth interviews with the business owner, consumers, and the third party, while secondary data were sourced from fiqh muamalah literature and DSN-MUI fatwas, all analyzed descriptively using deductive and inductive approaches. The findings reveal that the mechanism operates through two schemes: pre-order communication and post-production bail-out, where the third party always requires repayment with a predetermined addition. From the perspective of Islamic economic law, the primary contract between the consumer and the producer fulfills the pillars and conditions of istishna and is therefore valid. However, the involvement of the third party cannot be classified as a murabahah contract due to the failure to fulfill the essential requirements of ownership and liability (dhaman). Substantively, the role of the third party functions as a loan contract (qardh), meaning that the profit stipulated from the very beginning is strictly categorized as unlawful usury (riba qardh). This practice is prohibited based on Surah Al-Baqarah verse 275, a hadith narrated by Ibn Mas'ud, and scholarly consensus (ijma), highlighting a critical need for Sharia-compliant financial alternatives in local trade transactions to protect consumers from exploitative debt arrangements.