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All Journal Indonesian Journal of Islamic Jurisprudence, Economic and Legal Theory
Fauzan Januri
Universitas Islam Negeri Sunan Gunung Djati Bandung, Indonesia
Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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Studi Komparasi Sistem Garansi Menurut Hukum Ekonomi Syariah dan Hukum Perdata Siti Nuranisya; Fauzan Januri
Indonesian Journal of Islamic Jurisprudence, Economic and Legal Theory Vol. 4 No. 2 (2026)
Publisher : SPT. haria Journal and Education Center Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62976/ijijel.v4i2.1848

Abstract

This study aims to analyze the comparative system of warranty in Islamic Economic Law (specifically the concept of khiyār ‘aib) and the warranty system in Civil Law (KUHPerdata). The main focus of this study is to identify points of convergence, divergence, and the juridical implications of these two legal instruments in protecting consumers from defective products. The research method used is normative legal research with a comparative approach. The results indicate fundamental similarities regarding the buyer's right to rescind or proceed with the transaction if a defect is discovered, as well as the seller's obligation to be responsible for latent defects. However, there are significant differences in determining the warranty period and the criteria for claimable defects. In terms of juridical implications, these differences lie in the legal subjects, the scope of the objects, and the nature of the contracts used. The study concludes that although khiyār and warranty have different philosophical foundations, they share the same goal of ensuring justice and protection for parties involved in sales transactions.
Perbandingan Fikih Tentang Konsep Harta dalam Islam (Studi Komparatif Empat Mazhab dan Aplikasinya pada Harta Kontemporer) Asnan Purba; Ayi Yunus Rusyana; Fauzan Januri
Indonesian Journal of Islamic Jurisprudence, Economic and Legal Theory Vol. 4 No. 2 (2026)
Publisher : SPT. haria Journal and Education Center Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62976/ijijel.v4i2.2013

Abstract

This study examines the concept of property (al māl) through the lens of the four schools of Islamic jurisprudence Hanafi, Maliki, Shafi'i, and Hanbali as a legal discipline oriented toward determining the validity or invalidity (al ḥukm) of a practice within mu'āmalah māliyyah. Unlike exegetical studies preoccupied with the meaning of verses, this article concentrates on the formulation of rulings (al aḥkām) and legal maxims (al qawāʻid al fiqhiyyah) concerning the definition, criteria, and legal consequences of property. The research employs a qualitative normative legal approach grounded in a literature review, selecting opinions according to the mu'tabar or al muʻtamad (authoritative) criterion within each school. The data are analysed through comparative (muqāranah) and conceptual techniques by constructing five evaluative markers: taʻyīn, qīmah, qabḍ, manfaʻah mubāḥah, and ḍamān. The findings reveal that the four schools differ in emphasis, whose roots can be traced to their respective uṣūl al fiqh methodologies, yet such differences can be woven into a single operational evaluative framework applicable to various contemporary forms of property, ranging from digital assets and cryptocurrencies to intellectual property rights and modern Islamic financial instruments. The study concludes that the classical fiqh framework remains relevant and flexible as long as its foundational maxims are applied consistently and supported by the rulings of contemporary fatwa institutions.
Co-Authors Ai Imas Mursyidah Zein Asnan Purba Ayi Yunus Rusyana Dian Ikha Pramayanti Siti Nuranisya