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All Journal Jurnal Ilmiah KOMPUTASI SELAPARANG: Jurnal Pengabdian Masyarakat Berkemajuan Agrisocionomics: Jurnal Sosial Ekonomi Pertanian Jurnal Ilmiah Membangun Desa dan Pertanian Jurnal Mandala Pengabdian Masyarakat Jurnal Ilmiah Wahana Pendidikan Journal of Islamic and Law Studies (JILS) Priviet Social Sciences Journal Journal of Contemporary Law Studies JIS: Journal ISLAMIC STUDIES
Ahmad Mubarak, Ahmad
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Religion Agriculture, Biological Sciences & Forestry Humanities Computer Science & IT Control & Systems Engineering Economics, Econometrics & Finance Education Engineering Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Medicine & Pharmacology Nursing Public Health Social Sciences Other

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Analysis of cryptocurrency as collateral from the perspective of Indonesian positive law and Islamic law: A comparison Jaya, Jamie Armadi; Parapat, Henry Anderson; Mubarak, Ahmad; Arbas, Etra
Priviet Social Sciences Journal Vol. 5 No. 12 (2025): December 2025
Publisher : Privietlab

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55942/pssj.v5i12.940

Abstract

Current technology has significantly impacted several sectors, including the financial sector. Cryptocurrency is one of the financial technology phenomena currently being widely discussed. Cryptocurrency is a digital currency that holds value and can become a promising asset for its holders. This study focuses on cryptocurrency as collateral from Indonesian and Islamic legal perspectives. This research method emphasizes a rules-based approach, namely, through laws and other legal sources. The findings indicate that Indonesian legal support for cryptocurrency as collateral is valid because it is a movable asset. However, from an Islamic legal perspective, collateral is known as al-Rahn. The use of cryptocurrency as an object in an al-rahn contract is considered invalid. This is because, from an Islamic perspective, cryptocurrency does not fulfill Shariah principles. This asset contains elements of gharar (uncertainty), dharar (potential harm), and maysir or qimar (elements of speculation or gambling), so it is considered unfit to be used as goods (sil'ah) in transactions that comply with sharia.
The legal convergence of prenuptial agreements: An analysis of the marriage law, Islamic law compilation, and constitutional jurisprudence Mubarak, Ahmad; Listiana, Novy; Azkia, Nurul; Abduh, Muhamad Rahmani; Ashidiqi, Iqnaul Umam
Priviet Social Sciences Journal Vol. 6 No. 1 (2026): January 2026
Publisher : Privietlab

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55942/pssj.v6i1.928

Abstract

A prenuptial agreement is an important instrument in marriage law that regulates agreements between prospective spouses to arrange their rights, obligations, and property prior to marriage. The study of prenuptial agreements is particularly urgent in the modern context, where social and economic dynamics continue to evolve and influence family life. This study aims to examine, from a legal perspective, how prenuptial agreements are regulated in Indonesian civil law, their implementation in society, and their legal implications for the division of property and safeguarding each party's rights following marriage. The research method used is a normative method, using the analysis of legal documents and related literature, as well as case studies to demonstrate how prenuptial agreements are used in practice. The study’s results found that prenuptial agreements possess enforceable legal authority as long as they meet the requirements of a valid agreement according to the Civil Code and applicable laws and regulations, including the Marriage Law. These agreements serve to avoid property disputes at the end of a marriage through divorce or death. However, it is of paramount importance that legal convergence regarding prenuptial agreements is achieved. Similarly, the role of the notary as an authorized official is crucial in providing optimal legal protection. The legal implications of prenuptial agreements are vital for ensuring legal certainty for couples, particularly concerning the division of joint property, which can be adjusted to the parties' wishes in accordance with the initial agreement
Co-Authors ,, Asna ,, Fitriani Achyani, Ratno Adiwena, Muh. Agang, MW Agustin, Alpina Ahmad Juhaidi Annisa Amalia Arbain, Muhammad ARBAS, ETRA Ashidiqi, Iqnaul Umam Aulia, Wella Azkia, Nurul Baehaki, M. Naufal Baehaki Naufal Banyuriatiga Banyuriatiga DWI SANTOSO Dwicahyo, Moch Noor Elly Jumiati Hendris Hendris, Hendris Husna, Hatimul Jafar, Rayhana Jaya, Jamie Armadi Jufriadi Jufriadi, Jufriadi Khaerunnisa Khaerunnisa, Khaerunnisa Listiana, Novy Mansyur, Nur Indah Muhamad Rahmani Abduh Muhammad Ikhsan Nurlela Machmudin Parapat, Henry Anderson Raissa Amanda Putri sari, Nove Kurnianti Sunny, Khalid Tanjung, Hery Bachrizal Yusna Zaidah Zulhafandi