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Journal : Hikmatuna

The Pursuit of Legal Harmony in the Integration of Sharia Economic Law Compilation, OJK Regulations, and DSN-MUI Fatwas Tarmidzi; Khasanah, Karimatul; Arwani, Agus; Said, Kholil; Ramadhan, Mahendra Utama Cahya
Hikmatuna : Journal for Integrative Islamic Studies Vol 10 No 1 (2024): Hikmatuna: Journal for Integrative Islamic Studies, June 2024
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/hikmatuna.v10i1.7342

Abstract

The present study aims to explore the depth of conflict of legal norms between the Sharia Economic Law Compilation (KHES), Financial Authority Services (OJK) regulations, and the National Sharia Board of the Indonesian Ulema Council (DSN-MUI) fatwas, investigate the causes of this normative divergence, and explore harmonization strategies to create legal certainty for Sharia financial institutions in Indonesia. Designed with normative legal research methodology, this study garnered data through literature review and analyzes it using interpretation method. Study findings demonstrate that there are eighteen different norms in the three regulations, with some differences resulting in conflict. The causes of these conflicts vary, including the use of ambiguous terms, adoption of conventional definitions, errors in translation of terms, and inconsistencies in concept development. In addition, the concurrent application of rules, differences in terminology, time gaps in issuance, and overlapping authorities also contribute to disharmony. This research contributes by offering a comprehensive solution, which includes identifying the sources of disharmony, harmonizing concepts and definitions, and applying legal interpretation and construction methods. This approach addresses the discrepancies and create a harmonious normative balance in policy and regulation. The implications of this research are very significant for Sharia financial institutions in Indonesia, as it identifies conflicts of legal norms between KHES, OJK regulations, and DSN-MUI fatwas and explores harmonization strategies
Maskūt ‘Anhu as a Legal Basis for Ruling on Digital Economic Practices: A Case Study of Online Commerce in East Java Huda, Nurul; Rohman, Taufiqur; Ningrum, Ifa Khoiria; Ma'arif, M. Jauharul; Ramadhan, Mahendra Utama Cahya
Hikmatuna : Journal for Integrative Islamic Studies Vol 11 No 1 (2025): Hikmatuna: Journal for Integrative Islamic Studies, June 2025
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/hikmatuna.v11i1.10943

Abstract

This study examines the role of Maskūt ‘Anhu as a legal basis for determining the compliance of online commerce practices with Sharia law, focusing on online trade cases in three regencies around Bojonegoro, East Java. The research aims to analyze the legitimacy of Maskūt ‘Anhu, its understanding and application among scholars and Islamic legal practitioners, as well as its impact on the dynamics of online commerce in the region. The method used is qualitative research with a case study approach, involving in-depth interviews with 120 online MSME actors and 15 scholars and Islamic legal practitioners. The main findings indicate that Maskūt ‘Anhu is accepted as a flexible and relevant legal foundation for regulating digital trade, with the highest level of understanding in Lamongan (40%) and the lowest in Ngawi (30%). The implications of this study emphasize the importance of Maskūt ‘Anhu in supporting Sharia compliance while encouraging innovation in the Islamic digital economy. This research contributes uniquely by integrating classical ushul fiqh principles into the modern context of online commerce and offers recommendations for developing adaptive Sharia regulations. The findings are relevant for scholars, legal practitioners, and policymakers in strengthening the Sharia-based digital economic ecosystem in Indonesia.