Linda Sari, Mailatun
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Konsep Fair Price dalam Ekonomi Islam: Perspektif Historis, Filosofis dan Implementasi Sistem Perdagangan Modern Linda Sari, Mailatun; Fadllan, Fadllan; Ningsih, Sri Wahyuni; Dwi Aprianto, Mohammad Andri
Moderasi : Journal of Islamic Studies Vol. 5 No. 1 (2025): June
Publisher : Lajnah Ta'lif wan Nasyr Nahdlatul Ulama (LTN-NU) Kabupaten Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54471/moderasi.v5i1.97

Abstract

The concept of fair price in Islamic economics is a fundamental aspect that emphasizes the balance between economic profit and moral principles. In Islamic economics, fair prices are not only determined by market mechanisms, but also consider ethical values, social justice, and common welfare. This article uses the literature review method (Library Research) to analyze the concept of fair prices in various Islamic perspectives. The results of the study show that: 1) Historically, Fair Price has been applied since the time of the Prophet PBUH by rejecting the practice of monopoly, hoarding, and fraud, and emphasizing fairness in transactions. 2) Philosophically, this concept is rooted in the principles of maslahah (benefit) and adl (justice), which ensures that the price of an item reflects its fair value without harming one party. 3) In modern practice, this concept is implemented in sharia-based price regulations, halal trading systems, and Islamic economic policies that emphasize transparency and social welfare. The results of this study show that Fair Prices in Islamic economics remain relevant in building a fairer and more sustainable trading system
Rekonstruksi Hukum Ekonomi Syariah atas Praktik Sewa Ganda dan Sengketa Lahan Garam di Pamekasan Linda Sari, Mailatun
Moderasi : Journal of Islamic Studies Vol. 5 No. 2 (2025): Desember (On Progress)
Publisher : Lajnah Ta'lif wan Nasyr Nahdlatul Ulama (LTN-NU) Kabupaten Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54471/moderasi.v5i2.128

Abstract

The dual leasing practice of salt lands in Pamekasan has become a chronic source of social and economic conflict among farmers. This study aims to analyze the insufficiency of Islamic Economic Law, particularly fiqh al-ijarah (lease jurisprudence), in addressing such disputes and to formulate a contextual and just reconstruction model of Islamic Economic Law (HES). The research employs a qualitative method with an empirical juridical approach. The findings reveal that dual leasing practices are normatively contradictory to HES as they contain elements of gharar (uncertainty) and tadlis (deception). Furthermore, the conventional fiqh al-ijarah framework has proven ineffective in practice due to its procedural and individualistic nature, which fails to accommodate communal social realities such as the lack of formal documentation and the dominance of customary law (‘urf) and local mediators. In conclusion, this study proposes a preventive-mediative hybrid model that shifts the focus from contractual procedures to the substance of maqasid al-shari‘ah, particularly the protection of rights and property, by integrating valid ‘urf through two pillars: a preventive pillar in the form of simplified lease documentation, and a mediative pillar through the institutionalization of local mediators as the first layer of dispute resolution. This model enables Islamic Economic Law to function as a living law that is contextual, adaptive, and just for salt-farming communities in Pamekasan.