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LEGAL ANALYSIS OF PAWNBROKING IN FIQH MUAMALAH AND ITS IMPLICATIONS IN ISLAMIC FINANCE PRACTICE Nurlaela, Nurlaela; Mafaza, Arsya; Andhini, Andhini; Jamilah, Siti; Malik, Muhamad Ibnu
ANAYASA : Journal of Legal Studies Vol. 3 No. 2 (2026): ANAYASA
Publisher : PT. Altin Riset Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61397/ays.v3i2.462

Abstract

Rahn (Sharia pawning) is a crucial instrument for mitigating collateral-based financing risk in Fiqh Muamalah, founded on the principles of ta'awun (mutual help) and justice. This study aims to analyze the normative basis of rahn, compare it with conventional pawning, and critically evaluate the implementation of Rahn Bi Ujrah in Islamic Financial Institutions (LKS) using a normative-comparative literature review approach. The findings indicate that while Rahn Bi Ujrah is jurisprudentially permissible, provided the ujrah (fee) is based on real costs and separated from the loan contract, structural contradictions exist in the practice of Sharia Banks. The determination of ujrah percentages correlating with the loan amount suggests that the fee functions as the price of capital usage, potentially violating the DSN-MUI Fatwa. Conversely, OJK regulations enforce Maqashid Syariah principles during the execution phase, mandating the return of surplus funds from collateral auctions to the customer. The study concludes that stricter regulatory standardization of ujrah is essential to ensure comprehensive compliance and maintain the credibility of the Islamic financial system.
PRACTICE OF CONSIGNMENT SERVICES IN ONLINE TRANSACTIONS: FIQH MUAMALAH ANALYSIS OF THE AGREEMENT AND ITS MECHANISM Sukaesih, Iis; Ulum, Mifathul; Alfarizi, M. Salman; Setiawan, Erik; Malik, Muhamad Ibnu
ANAYASA : Journal of Legal Studies Vol. 3 No. 2 (2026): ANAYASA
Publisher : PT. Altin Riset Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61397/ays.v3i2.474

Abstract

The rapid growth of digital commerce has encouraged the emergence of personal shopper services (jastip) as a form of online transaction involving third-party intermediaries. This phenomenon raises questions regarding the validity of contracts and transaction mechanisms from the perspective of Islamic jurisprudence (fiqh muamalah). This article aims to analyze the practice of online jastip by examining the types of contracts applied and their conformity with fiqh muamalah principles. The study employs a qualitative approach through library research, analyzing classical and contemporary fiqh literature, journal articles, and relevant fatwas concerning digital transactions. The findings reveal that the jastip practice predominantly applies the wakalah bil ujrah contract, in which consumers authorize service providers to purchase goods on their behalf in exchange for a service fee. This practice is considered permissible under Islamic law provided that the essential elements of the contract such as clarity of parties, object, consent, and remuneration are fulfilled. However, the study also finds that lack of transparency and unclear contractual terms may lead to gharar, affecting the validity of the transaction. Therefore, it is concluded that the permissibility of online jastip depends not on its digital form, but on the fulfillment of fiqh muamalah principles in its contractual mechanism.
The Effectiveness of Musyarakah Contracts for Bank Syariah Indonesia Customers in Sharia-Based UMKM Financing Ranisa Tabar; Hikmatul Mufarrohah; Ridwan Hasanudin; Muhamad Ibnu Malik
Kawakib: Journal of Multidisciplinary Research Vol. 2 No. 1 (2025)
Publisher : Konsultan Jurnal Ilmiah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63738/kawakib.v2i1.29

Abstract

Micro, Small, and Medium Enterprises play a vital role in Indonesia’s economy but often face challenges in accessing financing. This study aims to examine the effectiveness of the Musyarakah contract in financing UMKM at Bank Syariah Indonesia (BSI) and to identify the factors influencing its success. A qualitative approach with a descriptive-analytical method was employed, using interviews, observations, and document analysis for data collection. Primary data were collected from BSI UMKM customers, while secondary data were obtained from relevant literature. Data analysis included data reduction, systematic presentation, and conclusion drawing. The results indicate that the Musyarakah contract enhances UMKM performance and sustainability by promoting collaboration, profit-sharing, and fairness. Its effectiveness is influenced by managerial capacity, customer understanding of profit-sharing mechanisms, Islamic banking regulations, and market conditions. Key challenges, such as high business risks and limited customer knowledge, can be addressed through Sharia-based financial education and intensive mentoring. This study confirms that Musyarakah-based financing has strategic potential to strengthen UMKM development and support the growth of Indonesia’s Islamic economy.
The Concept of Buying and Selling in Muamalah Fiqh: Study of Harmony, Transaction Terms and Prohibitions Salma Rahmawati Ramadani; Shafa Kamila; Rege Rusliyane; Lutfi Saepul Akbar; Muhamad Ibnu Malik
Kawakib: Journal of Multidisciplinary Research Vol. 2 No. 1 (2025)
Publisher : Konsultan Jurnal Ilmiah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63738/kawakib.v2i1.30

Abstract

Buying and selling constitute one of the most fundamental contracts in Islamic economic activities. In Islam, commercial transactions are not merely viewed as economic practices but also as legal and social activities that must comply with Islamic law. This article aims to analyze the concept of buying and selling from the perspective of fiqh muamalah through a literature review focusing on the pillars, conditions, and prohibitions of transactions. This study employs a qualitative approach using library research methods, drawing on classical fiqh sources, contemporary Islamic jurisprudence literature, and relevant scholarly articles. The findings indicate that the validity of a sale contract depends on the fulfillment of its pillars and conditions, as well as the absence of prohibited elements such as usury (riba), uncertainty (gharar), and fraud. Furthermore, the principles of fiqh muamalah remain relevant and adaptable in addressing contemporary economic transactions. Therefore, the consistent application of these principles is expected to contribute to the development of a fair, transparent, and Sharia-compliant economic transaction system in accordance with the objectives of Islamic law (maqāṣid al-sharī‘ah). This study emphasizes that a profound understanding of the normative aspects of buying and selling is crucial amidst the rapid digitalization of the economy. By integrating values of honesty and transparency into modern business models, Muslim economic actors can ensure that technological innovations go hand-in-hand with Sharia ethical principles, thereby providing legal protection for all parties involved.