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Analisis Hukum Islam terhadap Legalitas Transaksi Cryptocurrency di Indonesia: Pendekatan Ushul Fikih dan Regulasi Keuangan Digital Muhammad Ilham; Erna Dwi Pamungkas
Tabayyanu : Journal Of Islamic Law Vol. 1 No. 02 (2024)
Publisher : Yayasan Dar Arrisyah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66174/bn5m4n55

Abstract

The rapid expansion of digital financial technology has transformed contemporary financial systems and accelerated the emergence of cryptocurrency as a new form of digital asset. Its growing adoption has generated complex legal debates concerning its legitimacy under both Indonesian positive law and Islamic law. Existing studies predominantly examine cryptocurrency through the normative concepts of gharar, maysir, and riba, while relatively few integrate the methodology of uṣūl al-fiqh, maqāṣid al-sharī‘ah, and Indonesia's evolving digital financial regulatory framework. This study aims to analyze the legality of cryptocurrency transactions from the perspective of Islamic law by integrating uṣūl al-fiqh, maqāṣid al-sharī‘ah, and Indonesia's digital financial regulations. This research employs normative legal research using statutory, conceptual, and uṣūl al-fiqh approaches. Primary legal materials consist of the Qur'an, Hadith, statutory regulations, and relevant religious fatwas, while secondary materials include scholarly books and peer-reviewed journal articles. Data were analyzed qualitatively through descriptive and analytical methods. The findings demonstrate that cryptocurrency is not recognized as a lawful means of payment under Indonesian law but is legally acknowledged as a regulated digital asset within the national digital asset trading framework. From the perspective of Islamic law, cryptocurrency may be classified as māl (property) rather than thaman (money), and its legal status cannot be determined categorically. Instead, its legality depends upon the purpose of the transaction, compliance with applicable regulations, the absence of prohibited elements such as excessive gharar, maysir, and riba, and its consistency with the objectives of maqāṣid al-sharī‘ah, particularly the protection of property (ḥifẓ al-māl) and public welfare (maṣlaḥah). This study contributes to the literature by proposing an integrative legal framework that combines uṣūl al-fiqh, maqāṣid al-sharī‘ah, and digital financial regulation to formulate contextual parameters for assessing the legality of cryptocurrency transactions in Indonesia's contemporary digital economy.