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All Journal Jurnal Ilmiah Ekonomi Islam Pena Justisia: Media Komunikasi dan Kajian Hukum Kartika: Jurnal Studi Keislaman
Muhajir
Institut Agama Islam An-Nawawi Purworejo
Religion Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Dynamics of Mabims Criteria in Preliminary Determination of Kamariyah: Maqasid Syariah Analysis of Accuracy and Istbat Session Decisions Frangky Suleman; Misbah Khusurur; Bashori Alwi; Muhajir
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6209

Abstract

MABIMS is a method and concept in determining the initial Kamariyah and producing a decision, the Isbat session held by the Ministry of Religion plays an important role in this process where this paper will analyze the determination with a focus on the accuracy and decisions taken from the Isbat session, through the Maqasid as-Shariah approach. This research explores how the MABIMS criteria can fulfill Sharia objectives in maintaining the benefit of the people. This analysis includes an evaluation of the hisab and rukyat used, as well as their implications for the unity of Muslims in the Southeast Asia Region. The results of this research show that even though there are differences in views, the maqasid as-syariah approach can be a basis for reaching more accurate and widely accepted decisions. The method used in analyzing legally a determination made by the state, this approach is used that the initial determination of kamariyah in Indonesia is a complex process involving various aspects of law and regulation. So from the study it can be concluded that the policy of the state leader is something that has been thought about for the benefit of many people with the principle of fiqh rules, namely: tassharuf al-imam ala arra'iyyah manuthu bil mashlahah.
NALAR ḤIKMAH DALAM FATWA DSN-MUI TENTANG PENGGUNAAN DANA TIDAK BOLEH DIAKUI SEBAGAI PENDAPATAN (TBDSP) BAGI LEMBAGA KEUANGAN SYARIAH Achmad Nursobah; Muhajir
Jurnal Ilmiah Ekonomi Islam Vol. 11 No. 03 (2025): JIEI : Vol. 11, No. 03, 2025
Publisher : ITB AAS INDONESIA Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29040/jiei.v11i03.17152

Abstract

This study discusses the application of the theory of at-ta‘līl bil ḥikmah as the foundational basis in the formulation of DSN-MUI Fatwa No. 123/DSN-MUI/XI/2018 concerning Funds That Cannot Be Recognized as Income (TBDSP). Employing a normative qualitative method and an uṣūl al-fiqh approach grounded in at-ta‘līl bil ḥikmah, the study explores how ḥikmah (wisdom) serves as the primary rationale in legal determination, shifting away from the dominance of the traditional ‘illah-based reasoning. This theory emphasizes justice, utility, balance, ethics, and ease as integral dimensions in formulating legal rulings that are both relevant and adaptive. The findings demonstrate that the DSN-MUI fatwa on TBDSP not only fulfills the normative requirements of Islamic law but also provides contextual solutions that address the realities of the modern economic environment. By channeling non-halal funds toward social purposes, such as mosque construction and scholarships, the fatwa ensures legal protection, moral integrity, and public welfare. Consequently, the at-ta‘līl bil ḥikmah approach represents a vital methodological foundation for developing fatwas that are both responsive to contemporary changes and firmly rooted in Islamic legal principles.
Maṣlaḥah dan Mafsadah Pemanfaatan Artificial Intelligence dalam Jual Beli Online: Perspektif Hukum Ekonomi Syariah Achmad Fatich Asshidqi; Muhajir; Septian Fiktor Riyantoro
Kartika: Jurnal Studi Keislaman Vol. 6 No. 2 (2026): Kartika: Jurnal Studi Keislaman (May)
Publisher : Lembaga Pendidikan Tinggi Nahdlatul Ulama (LPT NU) PCNU Kabupaten Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59240/kjsk.v6i2.724

Abstract

The development of Artificial Intelligence (AI) in digital trading transactions presents both opportunities and challenges from the perspective of Islamic Economic Law. AI is widely utilized in e-commerce through product recommendation systems, dynamic pricing mechanisms, chatbot-based customer services, and consumer data management. This study aims to analyze the use of AI in buying and selling transactions from the perspective of Islamic Economic Law using a maqāṣid al-sharī‘ah approach, particularly in examining the forms of benefit (maṣlaḥah) and potential harm (mafsadah) arising from its implementation. This research employs a qualitative method with a library research approach and adopts a normative-philosophical framework. Data sources include the Qur’an, Hadith, DSN-MUI fatwas, the Compilation of Sharia Economic Law, relevant digital economy regulations, as well as academic books and scholarly journals. The findings indicate that the use of AI in commercial transactions is fundamentally permissible (mubāḥ) under Islamic law as long as it promotes efficiency, justice, transparency, and consumer protection, thereby aligning with the objectives of ḥifẓ al-māl and taḥqīq al-maṣlaḥah. However, AI also poses potential risks such as gharar (uncertainty), algorithmic bias leading to injustice, data exploitation, and ambiguity in legal accountability. Therefore, the utilization of AI in trade must be governed by Islamic legal principles, ethical considerations, and adaptive regulatory frameworks to ensure that technological advancement remains consistent with the objectives of Islamic law.
Co-Authors Achmad Fatich Asshidqi Achmad Nursobah Bashori Alwi Frangky Suleman Misbah Khusurur Septian Fiktor Riyantoro