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CRYPTOCURRENCY FROM SHARIA PERSPECTIVE Octaviana, Fitri Anni; Nurhisam, Luqman
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol. 16 No. 1 (2026): JURNAL DUSTURIAH
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/gj2g3m45

Abstract

Cryptocurrency has become a significant innovation in the digital financial system, sparking various perspectives on its compatibility with sharia. This study aims to analyze the legality of cryptocurrency from a sharia perspective, including its transaction mechanisms and investment implications. The primary focus is on examining the elements of gharar (uncertainty) and maysir (gambling), which could potentially render it impermissible under sharia. The research employs a normative analysis approach to explore contemporary scholars' views and their relevance to maqasid sharia, which emphasize the protection of wealth and societal welfare. The findings indicate that, despite cryptocurrency's benefits, such as transaction efficiency and accessibility, its high speculative risks and value uncertainty pose major obstacles to its acceptance under sharia. Therefore, clear and comprehensive regulations are needed to accommodate cryptocurrency use in sharia-compliant financial institutions without violating Islamic principles. This study provides a significant contribution to clarifying the position of cryptocurrency within the Islamic financial system and encourages the development of sharia-based regulations for digital transactions.  
THE EFFECTIVENESS OF DISPUTE RESOLUTION MODELS IN ISLAMIC ECONOMIC CASES: A STUDY OF THE MAHKAMAH SYAR’IYYAH IN BANDA ACEH Shobirin Shobirin; Luqman Nurhisam
Hukum Islam Vol 24 No 2 (2024): Islamic Family and Economic Law
Publisher : Universitas Islam Negeri Sultan Syarif Kasim Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24014/10gbz866

Abstract

Mahkamah Syar’iyyah as an Islamic judicial institution in Indonesia has special authority to resolve disputes in Islamic economic matters for Muslims and/or those who declare themselves subject to Islamic law. Based on Law No. 3 of 2006, the Mahkamah Syar’iyyah was granted new authority to adjudicate Islamic economic disputes. Consequently, the Mahkamah Syar’iyyah is required to be prepared in many aspects, including substantive law, which is inseparable from Islamic law as its foundation.This study employs field research with a socio-legal approach. Data collection techniques include observation and interviews. Primary data sources for this research are the Mahkamah Syar’iyyah of Banda Aceh, Dinas Syariat Islam (DSI), Majelis Permusyawaratan Ulama (MPU) Aceh, and the Sharia Supervisory Board (DPS) of Bank Syariah Aceh.The findings indicate that the model of Islamic economic dispute resolution at the Mahkamah Syar’iyyah of Banda Aceh is conducted through two pathways: reconciliation/mediation and ordinary litigation. The process begins with reconciliation, followed by mediation. If no solution is reached, the case proceeds to ordinary litigation, either through regular lawsuits or simplified claims, provided that dispute resolution clauses are included in the contract or agreement. Furthermore, the most effective model of Islamic economic dispute resolution at the Mahkamah Syar’iyyah of Banda Aceh is mediation, due to its relatively short process, simple mechanism, and the fact that no party is disadvantaged, resulting in a win-win solution.