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All Journal Al-Hiwalah : Journal Syariah Economic Law LAN TABUR: JURNAL EKONOMI SYARIAH
hamdanil
STAIN Mandailing Natal
Religion Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

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Integration of the Principles of Al-Ghunm bi Al-Ghurm and the Prohibition of Dhaman in Mudharabah: A Normative Analysis of DSN-MUI Fatwa No. 115/2017 Edy Saputra; Amrizal Amrizal Hamsa; Mohammad Ridwan; Hamdanil; Putri Alya Sabina
Al-Hiwalah: Journal of Sharia Economic Law Vol. 5 No. 1 (2026): Al-Hiwalah : Journal Syariah Economic Law
Publisher : Department of Islamic Economic Law, Faculty of Sharia, Sultanah Nahrasiyah State Islamic University, Lhokseumawe

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47766/al-hiwalah.v5i1.7549

Abstract

This study analyzes the integration of the principles of al-ghunm bi al-ghurm and the prohibition of liability on a trustee (al-amīn) in mudharabah contracts, particularly within DSN-MUI Fatwa No. 115/2017, and evaluates its consistency with contemporary Islamic financial practices. This research employs a normative legal approach using descriptive-analytical and interpretative methods based on library research of classical fiqh literature, legal maxims, fatwas, and relevant scholarly works. The findings reveal that both principles are conceptually integrated into a coherent normative framework governing risk allocation and liability, as reflected in the determination of profit-sharing ratios (nisbah), the prohibition of fixed returns, and the allocation of losses to the shahib al-māl except in cases of negligence, misconduct, or breach of contract. However, contemporary practices demonstrate significant deviations through guarantee mechanisms, profit smoothing, and risk-averse institutional strategies, which tend to shift the model from risk-sharing to risk transfer. The study contributes by proposing an integrated analytical framework that unifies these two legal maxims, which have largely been examined separately in previous studies, thereby offering a more systematic basis for evaluating Shariah compliance in mudharabah. It concludes that although the normative integration is well-established, its practical implementation remains inconsistent and requires stronger alignment between Islamic legal principles and institutional practices.
Sense-Making Of Shariah Digital Economy Among Muslim Micro-Entrepreneurs: A Qualitative Case Study Of Mandailing Natal Jureid; Anjur Perkasa Alam; Asmawarna Sinaga; Mufti Fahrizal Harahap; Hamdanil
Lan Tabur: JURNAL EKONOMI SYARIAH Vol. 7 No. 2 (2026): (March)
Publisher : LAN TABUR: Jurnal Ekonomi Syariah The Islamic University of KH. Achmad Muzakki Syah Jember, East Java. Jember Jln. Manggar Gebang Poreng 139A Patrang Jember Jawa Timur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53515/lt.v7i2.164

Abstract

Introduction: The development of the Shariah digital economy presents both opportunities and challenges for Muslim micro and small enterprises (MSMEs), particularly in interpreting Shariah principles in the digital era. This study aims to explore the sense-making process of Muslim MSME actors in Mandailing Natal in understanding and implementing Shariah-compliant digital economic practices. Methods: A qualitative interpretive case study approach was employed, involving some of active MSME informants through in-depth interviews, participatory observation, and documentation of digital Shariah practices. Findings indicate that Shariah compliance in digital practices is pragmatic, adaptive, and contextual, involving negotiation between technological efficiency and religious values, as well as dual legitimacy from formal authorities and personal experience. Results: The Results highlight the critical role of actor sense-making in constructing subjective understanding of complex and often ambiguous Shariah principles. Conclusion and suggestion: Theoretically, this research extends the literature on Islamic digital economy and Shariah fintech by emphasizing the interpretive social construction of Shariah compliance. Practically, the findings provide guidance for developing digital platforms, Shariah digital literacy programs, and collaborations between regulators and religious authorities to enhance inclusion and sustainability of Muslim MSMEs
Co-Authors Amrizal Amrizal Hamsa Anjur Perkasa Alam Asmawarna Sinaga Edy Saputra Jureid Mohammad Ridwan Mufti Fahrizal Harahap Putri Alya Sabina