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Redefining Consent in Digital Contracts through Electronic Signatures in Islamic Law Faizin, Mu'adil; Souad Ezzerouali; Abubakar Muhammad Jibril; Raha Bahari
International Journal of Islamic Thought and Humanities Vol. 4 No. 2 (2025): International Journal of Islamic Thought and Humanities
Publisher : Sekolah Tinggi Agama Islam Taruna Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54298/ijith.v4i2.637

Abstract

Academic debate on the validity of digital contracts persists, particularly concerning whether electronic signatures can substitute ijab-qabul in Islamic law. This study examines the status of electronic signatures in Islamic contract law and Indonesian regulations by integrating normative legal analysis with an empirical survey of 29 business practitioners across Indonesia who employ digital contracts. The results demonstrate that 82% of respondents consider electronic signatures legally binding under current norms, 76% regard them as fully equivalent to handwritten signatures in representing contractual consent, and 88% affirm their role in enhancing trust and efficiency in transactions. These findings confirm that the essential principles of consent, object clarity, and party competence are preserved in digital form while aligning with statutory recognition in Indonesian law. The study contributes to contemporary Islamic contract law by providing empirical evidence that reinforces theoretical arguments, offering doctrinal insight and practical implications for developing sharia-compliant digital contracts in the digital age.
Deforestasi dan Krisis Ekologis Kalimantan: Dampak Regulasi Pembukaan Lahan terhadap Kesejahteraan dan Konflik Sosial Masyarakat Raha Bahari; Mu’adil Faizin
Journal of Legal, Political, and Humanistic Inquiry Vol 1 No 3 (2026): March: Custodia: Journal of Legal, Political, and Humanistic Inquiry
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65310/8wv3fd08

Abstract

This study discusses the ecological crisis caused by deforestation in Kalimantan, which stems from land ownership inequality and the way the state manages agrarian resources. Using qualitative and documentary methods through regulatory studies, environmental reports, academic journals, and visual data such as photographs and forest cover maps, this study explores how land clearing policies encourage deforestation and change the social life of communities. The results show that lax regulations and investment orientation give companies considerable leeway to clear land, resulting in land management practices that resemble the domein verklaring system, which is inconsistent with the principle of State Control Rights in the Basic Agrarian Law (UUPA). Land use changes then trigger biodiversity loss, ecosystem damage, and a reduction in the living space of local communities. Conflicts between communities and companies also increase due to unclear land rights and weak state protection, further weakening the position of communities. This study emphasizes that land ownership inequality can continue to recur and exacerbate environmental damage, necessitating more equitable agrarian policies that favor communities and align with the principles of environmental sustainability.