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All Journal Waraqat : Jurnal Ilmu_Ilmu Keislaman Al-Hiwalah : Journal Syariah Economic Law Electronic Journal of Education, Social Economics and Technology
Mohammad Ridwan
Universitas Darussalam Gontor
Religion Arts Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Electrical & Electronics Engineering Engineering Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Mathematics Nursing Public Health Social Sciences Veterinary Other

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Transformation of Sharia Supervision in the Digital Era: Challenges and Opportunities Edy Saputra; Mohammad Ridwan; Hamdanil Hamdanil; Zhilwan Tahir Hama Faraj
Electronic Journal of Education, Social Economics and Technology Vol 7, No 1 (2026)
Publisher : SAINTIS Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33122/ejeset.v7i1.178

Abstract

This study aims to explore the transformation of Shariah supervision in the digital era, as well as to identify the challenges and opportunities arising from the adoption of technology in the Islamic finance sector. Using a qualitative descriptive method and content analysis of relevant literature, the study finds that digitalization offers significant opportunities to enhance transparency and the efficiency of Shariah supervision through technologies such as blockchain and artificial intelligence (AI). These technologies enable faster, more accurate, and automated transaction monitoring. However, significant challenges arise, particularly in terms of global regulation, differing interpretations of Shariah principles across countries, and limited technological literacy among members of the Shariah Supervisory Board (SSB). Therefore, the digital transformation of Shariah supervision requires collaboration between regulators, Islamic financial institutions, and the religious scholar community to develop a comprehensive regulatory framework. Additionally, enhancing technological literacy for SSB members is crucial to enable them to conduct supervision that is responsive to the rapid advancements in digital technology. This study contributes new insights by proposing the adoption of digital technologies that can improve the efficiency and transparency of Shariah supervision, while also addressing existing challenges in regulation and Shariah interpretation. Suggestions for future research include further exploration of the implementation of global regulatory standards that can be accepted by countries with differing interpretations of Shariah principles, as well as examining the impact of technological literacy on the quality of supervision carried out by the SSB.
Integration of the Principles of Al-Ghunm bi Al-Ghurm and the Prohibition of Dhaman in Mudharabah: A Normative Analysis of DSN-MUI Fatwa No. 115/2017 Edy Saputra; Amrizal Amrizal Hamsa; Mohammad Ridwan; Hamdanil; Putri Alya Sabina
Al-Hiwalah: Journal of Sharia Economic Law Vol. 5 No. 1 (2026): Al-Hiwalah : Journal Syariah Economic Law
Publisher : Department of Islamic Economic Law, Faculty of Sharia, Sultanah Nahrasiyah State Islamic University, Lhokseumawe

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47766/al-hiwalah.v5i1.7549

Abstract

This study analyzes the integration of the principles of al-ghunm bi al-ghurm and the prohibition of liability on a trustee (al-amīn) in mudharabah contracts, particularly within DSN-MUI Fatwa No. 115/2017, and evaluates its consistency with contemporary Islamic financial practices. This research employs a normative legal approach using descriptive-analytical and interpretative methods based on library research of classical fiqh literature, legal maxims, fatwas, and relevant scholarly works. The findings reveal that both principles are conceptually integrated into a coherent normative framework governing risk allocation and liability, as reflected in the determination of profit-sharing ratios (nisbah), the prohibition of fixed returns, and the allocation of losses to the shahib al-māl except in cases of negligence, misconduct, or breach of contract. However, contemporary practices demonstrate significant deviations through guarantee mechanisms, profit smoothing, and risk-averse institutional strategies, which tend to shift the model from risk-sharing to risk transfer. The study contributes by proposing an integrated analytical framework that unifies these two legal maxims, which have largely been examined separately in previous studies, thereby offering a more systematic basis for evaluating Shariah compliance in mudharabah. It concludes that although the normative integration is well-established, its practical implementation remains inconsistent and requires stronger alignment between Islamic legal principles and institutional practices.
The The Agreement of Asset Separation in the Perspective of Maqasid al-Shariah: The Problem of Asset Conflict, the Hifdz al-Mal Approach, and Its Impact on Family Stability in Islamic Law in Indonesia Edy Saputra; Mohammad Ridwan
WARAQAT : Jurnal Ilmu-Ilmu Keislaman Vol. 9 No. 2 (2024): Waraqat: Jurnal Ilmu-Ilmu Keislaman
Publisher : Pusat Penelitian dan Pengabdian pada Masyarakat (P3M) Sekolah Tinggi Agama Islam As-Sunnah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51590/waraqat.v9i2.882

Abstract

This study analyzes marital property separation agreements through the lens of Maqasid al-Shariah, with a specific focus on the principle of Hifdz al-Mal (protection of wealth) as an essential tool for safeguarding individual financial rights within marriage and preventing asset conflicts that could threaten family stability. Employing a qualitative method with a library research approach and in-depth literature analysis, the study reveals that marital property separation agreements have a strong legal foundation in Islamic and Indonesian national law, reinforced by Constitutional Court Decision No. 69/PUU-XIII/2015. This decision affirms the legality of marital property separation agreements under Indonesian law as an effective mechanism for ensuring fair asset management and protecting the financial rights of couples. The study recommends enhancing relevant regulations to improve legal clarity, educating the public about the benefits of these agreements, and encouraging active roles for religious scholars to support more flexible interpretations of Islamic law that address modern socio-economic needs. Future research employing quantitative methods and cross-cultural studies in dual-legal system countries such as Malaysia and Tunisia is suggested to explore public perceptions, economic impacts on women, and potential adaptations to address similar legal challenges.
Co-Authors Amrizal Amrizal Hamsa Edy Saputra Edy Saputra hamdanil Hamdanil, Hamdanil Putri Alya Sabina Zhilwan Tahir Hama Faraj