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Jubaedah , Dedah
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Written Margin and Fees in Akad Salam Online: Comparative Fiqh Analysis with Empirical Philosophical and Juridical Approaches Madani, Farid; Nurhikmah, Aulia; Jubaedah , Dedah; Setiawan, Iwan
Zona Law And Public Administration Indonesia Vol. 3 No. 6 (2025): November 2025
Publisher : Yayasan Mentari Madani

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The development of digital technology has given birth to the practice of online-based salam contracts that are different from conventional salam contracts, especially in the determination and transparency of margin fees. This difference raises the issue of fiqh muamalah and consumer protection, especially related to the potential for gharar and inequality in the position of the parties. This research aims to analyze philosophically, comparative fiqhi, and empirical juridical margin fees in online and offline salam contracts and their implications for consumer protection. The research method used is normative-empirical law with philosophical approaches, school comparisons, and empirical juridical approaches. Normative data is sourced from classical and contemporary fiqh literature, DSN-MUI fatwas, and consumer protection regulations, while empirical data is obtained from the study of the practice of salam contracts on digital platforms. The results of the study show that the margin fee in the salam contract is in principle allowed as ujrah for the services of intermediaries as long as it is clearly agreed from the beginning of the contract and separated from the price of the goods. However, the practice of online greetings still shows low transparency of margin fees and the use of standard clauses that have the potential to harm consumers
Qardh al-Hasan as a Tool for Urban Justice: A Comparative Fiqh Perspective for Financial Inclusion in Bandung’s MSME Sector Ahmad Ridwansah, Asep; Susandi, Adi; Jubaedah , Dedah; Setiawan, Iwan; Sudrajat, Dede
Zona Law And Public Administration Indonesia Vol. 3 No. 6 (2025): November 2025
Publisher : Yayasan Mentari Madani

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Abstract This conceptual study employs a comparative fiqh (Islamic jurisprudence) perspective to analyze Qardh al-Hasan (benevolent, interest-free loans) as an instrument for urban financial inclusion in Bandung, Indonesia. Through a systematic literature review enhanced with jurisprudential analysis, the research examines divergent interpretations across Islamic legal schools (madhahib) and their implications for implementing Qardh al-Hasan within Bandung's MSME sector. The study aims to: (1) analyze comparative fiqh debates on Qardh al-Hasan as a developmental tool, (2) identify operational variations in different Muslim-majority urban contexts, and (3) formulate an inclusive governance model synthesizing juristic flexibility with contemporary urban needs. Findings reveal that while classical fiqh emphasizes Qardh al-Hasan's charitable nature, contemporary juristic innovations (takyīr fiqhi) permit structural adaptations that enhance sustainability without compromising Sharia principles. The proposed Tripartite Partnership Model integrates comparative fiqh insights with urban governance theory, offering a flexible framework adaptable to Bandung's socio-economic landscape while maintaining juristic integrity. This research contributes to the discourse on Islamic financial inclusion by demonstrating how juristic pluralism can inform practical policy solutions for urban poverty alleviation.
A Comparison of Fiqih on Profit Sharing of Investments in the Agricultural Sector Prasetio, Andri; Setiawan, Iwan; Jubaedah , Dedah
Zona Law And Public Administration Indonesia Vol. 3 No. 6 (2025): November 2025
Publisher : Yayasan Mentari Madani

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This article explains the Muzara'ah, Mukhabarah, and Musaqah contracts. These are forms of agricultural cooperation that have existed since ancient times. In practice, the current collaboration between landowners and cultivators is commonly referred to as paroan sawah (rice paddy), where the contract is not written but only verbal. This often results in losses due to the lack of authentic evidence. In Islamic banking, the most widely used principles are musyawarah and mudharabah. Muzara'ah is specifically used by some Islamic banks for plantation or agricultural financing. Muzara'ah originates from the concept of "passing". Due to this specific nature of muzara'ah, most Islamic banks use musyawarah or salam for agricultural credit. However, over time, the practice of muzara'ah has tended towards mudharabah (profit-sharing cooperation). Technically, mudharabah is a business cooperation contract between two parties, where one party (the shahib al maal) provides all the capital, while the other party, known as the mudharib, manages the business. Profits in mudharabah are shared according to the agreement outlined in the contract, while losses are borne by the negligent party. Keywords: Muzara'ah contract, Mukhabarah, Musyaqoh
The Implication of Property Classification on Contract Validity and Tasharruf Rights: A Comparative Analysis of Fiqh Schools Susandi, Adi; Fattah, Abdul; Jubaedah , Dedah; Setiawan, Iwan
Zona Law And Public Administration Indonesia Vol. 3 No. 6 (2025): November 2025
Publisher : Yayasan Mentari Madani

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Property (al-māl) occupies a central position in Islamic law as part of Maqāṣid al-Syarī‘ah. However, there is a fundamental divergence among Fiqh schools regarding its ontological definition. The Hanafi school emphasizes a materialistic approach requiring physical existence and storability while the Majority (Jumhur) scholars (Maliki, Shafi'i, and Hanbali) adopt a value-based functional approach. This study aims to analyze these comparative views and their implications for contract validity and disposal rights (ḥaq taṣarruf), particularly within the context of the digital economy. Using a qualitative library research method with a juridical-normative approach, this study finds that the Jumhur’s definition is more adaptive to modern intangible assets such as cryptocurrencies and NFTs. Conversely, the Hanafi distinction between invalid (fāsid) and void (bāṭil) contracts offers legal stability in transactions. The study concludes that a methodological synthesis between Hanafi’s legal rationality and the Jumhur’s value-orientation is necessary to construct a contemporary Fiqh Muamalah that is responsive to technological disruption while maintaining Sharia compliance
Co-Authors Abdul Fattah Ahmad Ridwansah, Asep DEDE SUDRAJAT Iwan Setiawan Madani, Farid Nurhikmah, Aulia Prasetio, Andri Susandi, Adi