Hidayat Darussalam
UIN Fatmawati Sukarno Bengkulu, Indonesia

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Integrating Sharia Economic Law and the Green Economy in Nature-Based Ecotourism for Local Community Development Hidayat Darussalam; Yosy Arisandy; Dmytro Dronik; Nataliia Bilak; Volodymyr Shalimov
Nusantara: Journal of Law Studies Vol. 5 No. 1 (2026): Nusantara: Journal of Law Studies
Publisher : PT. Islamic Research Publiser

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66325/nusantaralaw.v5i1.195

Abstract

This article aims to integrate the principles of Islamic economics and law with the green economy to manage nature-based ecotourism in Bengkulu Province, thereby generating economic benefits for surrounding communities while remaining within the framework of environmental conservation. The exploitative nature of nature-based tourism management in Bengkulu Province is evident in the utilization of protected forest and coastal areas, which often disregards the unique ecosystem capacity of Sumatra. The development of supporting infrastructure at strategic points, such as mountainous areas or coastal edges, is often carried out without in-depth environmental studies, leading to the degradation of native vegetation and increasing the risk of ecological disasters, such as landslides and abrasion. This study employs a qualitative case study approach to explore the integration of Sharia economic principles and the green economy within the development of ecotourism in Bengkulu Province. Data were gathered through in-depth interviews, field observations, and documentation involving relevant stakeholders. The findings demonstrate that this integration is firmly implemented in economic sustainability by allocating tourism profits to Islamic social finance instruments (Zakat, Infaq, and Alms/ZIS), which are managed transparently for village infrastructure development. Furthermore, the practical application of the green economy is manifested through the construction of eco-friendly facilities and integrated waste management systems that protect the biodiversity of the tropical rainforest, a unique identity of Bengkulu. Academically, this research contributes to the literature by bridging the gap between Sharia economic law and sustainability studies, particularly by positioning Maqāṣid al-Sharīʿah as a normative foundation for environmental governance in ecotourism. It also enriches the discourse on Islamic social finance by demonstrating its practical role in supporting community-based development within a green economy paradigm.
Legal Certainty in the Renewal of Mudharabah Contracts: An Analysis from the Perspective of DSN-MUI Fatwa Hidayat Darussalam; Ava Martin
Journal of Nusantara Economy Vol. 4 No. 1 (2025): Journal Of Nusantara Economy
Publisher : PT. Islamic Research Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66325/nusantaraeconomy.v4i1.193

Abstract

The dynamic nature of muamalah allows for legal adaptation and development (mutaghayyirāt) in response to contemporary economic realities. One of the contracts that has undergone significant ijtihād-based development is the mudharabah contract. In its classical conception, mudharabah is founded on trust (amanah) between the capital provider (shahib al-māl) and the entrepreneur (mudhârib), without requiring collateral as an essential element of the agreement. However, the growing complexity of modern Islamic financial institutions has led to the introduction of collateral requirements in mudharabah financing as a risk mitigation mechanism. This practice has generated scholarly debate regarding its compatibility with the original principles of mudharabah. As the authoritative body responsible for issuing collective legal opinions (fatwa jama'i) in Indonesia, the Indonesian Council of Ulama (Majelis Ulama Indonesia—MUI), through the National Sharia Council (DSN-MUI), plays a strategic role in guiding the development of Islamic economics, finance, and business. The DSN-MUI Fatwa concerning mudharabah financing provides legal justification for the use of collateral under specific circumstances, reflecting an adaptive form of contemporary Islamic legal reasoning. This study employs a normative legal research method with a library-based approach. It aims to analyze the renewal of the mudharabah contract through the ijtihād embodied in the DSN-MUI Fatwa on collateral in mudharabah financing and to examine its conformity with the objectives of Islamic law (maqāṣid al-sharī‘ah). The findings indicate that the inclusion of collateral in mudharabah contracts emerges from the need of Islamic financial institutions to safeguard entrusted funds, minimize moral hazard, and ensure contractual compliance. From the perspective of maqāṣid al-sharī‘ah, the collateral requirement can be justified as an instrument for protecting wealth (ḥifẓ al-māl) and promoting legal certainty, provided that it does not alter the fundamental nature of mudharabah as a profit-and-loss sharing contract. This study contributes to the contemporary discourse on Islamic contract law by demonstrating how collective ijtihād can reconcile classical fiqh principles with modern financial governance needs. Furthermore, it enriches the theoretical discussion on the flexibility of Islamic commercial law and provides a maqāṣid-based framework for evaluating contractual innovations in Islamic finance.
Internalising Sharia Economic Law for Sustainable Marine Tourism: Environmental Mitigation Practices on Pahawang Island Hidayat Darussalam; Risfiana Mayangsari; Rasyid Tanjung; Fitri Kurniawati; Lukas Meier Keller
Journal of Nusantara Economy Vol. 5 No. 1 (2026): Journal Of Nusantara Economy
Publisher : PT. Islamic Research Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66325/nusantaraeconomy.v5i1.395

Abstract

The rapid growth of marine tourism on Pahawang Island has generated significant economic opportunities while simultaneously intensifying ecological degradation due to tourism activities that exceed the island’s environmental carrying capacity. This study aims to examine how the principles of Sharia Economic Law can be internalised into sustainable marine tourism management to strengthen environmental impact mitigation and ensure long-term ecosystem resilience. A qualitative field research design with a case study approach was employed. Data were collected through in-depth interviews with government officials, tourism business operators, Tourism Awareness Group (POKDARWIS) members, local community leaders, and visitors, complemented by participatory observation and documentary analysis. The data were analysed using an interactive thematic analysis involving data reduction, categorisation, interpretation, and triangulation to enhance credibility. The findings reveal that ecosystem degradation is primarily driven by the dominance of short-term economic interests, weak enforcement of environmental regulations, fragmented stakeholder coordination, and the limited integration of ecological ethics into tourism governance. The study demonstrates that internalising Sharia Economic Law through the framework of Maqashid Shariah provides a normative and operational foundation for sustainable tourism governance. This framework includes environmentally oriented zoning based on hifzh al-bi'ah (environmental protection), transparent digital management of environmental restoration funds, mandatory environmental codes of conduct for tourists, and community-based conservation supported by Islamic ethical values. In addition, a collaborative triple helix governance model involving government institutions, POKDARWIS as the hisbah supervisory mechanism, and local communities as conservation partners significantly enhances environmental stewardship and policy implementation. This research contributes to the development of contemporary Sharia Economic Law by extending its application beyond commercial transactions into environmental governance, offering an integrative legal framework that harmonises economic development, ecological sustainability, and the Islamic principle of khilafah to achieve sustainable welfare in coastal tourism destinations.