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Fraud in the Digital Space: A Comparative Study of Jinayah Fiqh and Indonesian Criminal Law Ahyani, Hisam; Parhan, Parhan; Muhtolib, Muhtolib; Berizi, Ahmad; Nurhasana, Nurhasana; Adnan , Nurul Ilyana Muhd
Jurnal Hukum Islam Vol 23 No 1 (2025)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v23i1.02

Abstract

The development of digital technology has opened the door to various forms of digital crime, including schemes involving fictitious job offers, illegal crypto investments and fake refunds that financially harm victims and potentially lead to money laundering offenses. This article examines digital fraud in Indonesia by comparing Islamic criminal law (Fiqh Jinayah) with Indonesian positive law. This normative juridical research employs statutory, conceptual, comparative, and case study approaches. The findings reveal that the “Remote Mining Network” case illustrates how perpetrators exploit digital anonymity to evade legal oversight. Such practices violate Islamic legal norms, including the prohibitions against gharar (uncertainty) and tadlis (deception), which align with the elements of fraud as defined in the Indonesian Penal Code and the Law on Electronic Information and Transactions. The article concludes that both Islamic and national criminal law aim to protect public interests and individual property rights (hifz al-mal). This study contributes to the development of contemporary fiqh jinayah, while also supporting efforts to enhance legal literacy and protect Muslim communities from the risks of digital crime, in accordance with the principle of hifz al-mal within the framework of maqaṣid al-shari‘ah.
Strengthening Sharia Economics in Jayapura's Muslim Minority Communities through Fiqh al-Aqalliyyat Jubaedah, Dedah; Solehudin, Ending; Berizi, Ahmad; Mutakin, Ali; Nurhasana, Nurhasana; Parhan, Parhan; Gómez, José Manuel Naranjo
Jurnal Ilmiah Al-Syir'ah Vol 23, No 1 (2025)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v%vi%i.3265

Abstract

The Muslim community in Jayapura faces significant challenges in implementing Sharia-based economics, chiefly due to persistent social stigma surrounding halal products and limited public understanding of Islamic economic principles. This study explores how Fiqh al-Aqalliyyat a flexible jurisprudential framework can address these challenges within a multicultural society. Adopting a qualitative case study methodology, the research draws on interviews with 14 key local stakeholders, including government officials, religious leaders, and business owners. Data were gathered through purposive sampling and analyzed thematically to identify key barriers and viable solutions. The findings indicate that social stigma and inadequate infrastructure impede halal product promotion. Nevertheless, significant opportunities exist, including a growing demand for halal goods, government support for Sharia-compliant capital markets, and the active engagement of religious institutions. The novelty of this research lies in its integration of Fiqh al-Aqalliyyat and Maqasid al-Sharia as analytical frameworks to address the specific socio-economic realities of a Muslim minority in Jayapura, offering practical insights applicable to similar contexts elsewhere.The Muslim community in Jayapura faces significant challenges in implementing Sharia-based economics, chiefly due to persistent social stigma surrounding halal products and limited public understanding of Islamic economic principles. This study explores how Fiqh al-Aqalliyyat a flexible jurisprudential framework can address these challenges within a multicultural society. Adopting a qualitative case study methodology, the research draws on interviews with 14 key local stakeholders, including government officials, religious leaders, and business owners. Data were gathered through purposive sampling and analyzed thematically to identify key barriers and viable solutions. The findings indicate that social stigma and inadequate infrastructure impede halal product promotion. Nevertheless, significant opportunities exist, including a growing demand for halal goods, government support for Sharia-compliant capital markets, and the active engagement of religious institutions. The novelty of this research lies in its integration of Fiqh al-Aqalliyyat and Maqasid al-Sharia as analytical frameworks to address the specific socio-economic realities of a Muslim minority in Jayapura, offering practical insights applicable to similar contexts elsewhere.