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Penerapan Akad Salam pada Sistem Pre-Order Marketplace: Studi Kritik Keabsahan Transaksi Hasyim Mustofa; Munawir Munawir
AHKAM Vol 5 No 3 (2026): SEPTEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i3.10507

Abstract

Although Islamic contracts for deferred delivery transactions have been widely studied, research that critically analyzes the validity of Pre-Order (PO) mechanisms on digital marketplace platforms from the perspective of Islamic commercial jurisprudence remains limited. This study aims to analyze the compatibility of PO transactions in digital marketplaces with the provisions of the Salam contract in classical Islamic jurisprudence. This study used a normative juridical approach through library research by analyzing primary sources in the form of classical fiqh texts, DSN-MUI fatwas, and contemporary Islamic economics studies. The data were analyzed using descriptive-analytical content analysis on three dimensions, namely the pillars and conditions of the Salam contract, the legal position of the marketplace as a third party, and the cancellation mechanism and delivery time provisions. The results showed that PO transactions structurally resemble the Salam contract, but the Down Payment (DP) system commonly applied has the potential to violate the prohibition of bay’ al-kali’ bil kali’. However, if the marketplace is positioned as the seller’s agent through an escrow system, the requirement of cash payment in advance can be fulfilled. The conclusion of this study affirms that full payment and clear product specifications are the minimum requirements for Salam contract compliance in PO transactions on marketplaces. The implications of this study provide theoretical contributions to the development of Islamic e-commerce jurisprudence and practical recommendations for marketplace governance based on sharia principles that are more consistent with the principles of Islamic commercial jurisprudence.
Konsep Muhkam dan Mutasyabih (Studi Komparatif Pemikiran Syaikh Manna’ al-Qahthani dan Nasr Hamid Abu Zayd) Rifqy Amru Rasyidi Yunus; Munawir Munawir
ALSYS Vol 5 No 6 (2025): NOVEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/alsys.v5i6.7677

Abstract

This study is motivated by the limited comparative research between classical and modern Islamic scholars in understanding the concepts of muhkam and mutasyabih in the Qur’an, despite the fact that differing approaches to these concepts have significant implications for interpretative methodologies and the meaning of revelation in contemporary contexts. The aim of this study is to compare the interpretations of muhkam and mutasyabih according to Shaykh Manna’ Khalil Al-Qaththan and Nasr Hamid Abu Zayd. A descriptive qualitative method was employed using a library research approach, focusing on content analysis of the scholars’ key works—Mabahits fi ‘Ulum al-Qur’an by Al-Qaththan and Mafhum an-Nash by Abu Zayd. Data were collected through the review of journals, books, proceedings, and other relevant sources, and analyzed descriptively and analytically by comparing previous findings and synthesizing both thinkers’ perspectives. The results show that Al-Qaththan defines muhkam as verses that are clear, decisive, and foundational to Islamic legal rulings, while mutasyabih refers to ambiguous verses whose true meanings are known only to Allah. In contrast, Abu Zayd views muhkam and mutasyabih as symbols of textual dialectics that are inherently open to multiple interpretations, with meaning formed through the interaction between the text, the reader, and the socio-historical context. The main conclusion of this research is that an integrative understanding of muhkam and mutasyabih combines the theological firmness of Al-Qaththan’s classical perspective with the contextual interpretive flexibility of Abu Zayd. The implication of this study lies in its methodological contribution to the development of an integrative model of Qur’anic exegesis, enabling wise, relevant interpretations of the sacred text while maintaining the authority of revelation amid the dynamics of contemporary religious life.