Media Hukum Indonesia (MHI)
Vol 3, No 2 (2025): June

Implikasi Garar dan Maisir di Hukum Islam

Magfirah, Khofifah (Unknown)



Article Info

Publish Date
16 Jul 2025

Abstract

This article examines the application of Islamic law's prohibition on gharar (uncertainty) and maisir (gambling) in contemporary economic transactions. The prohibition of these two elements in Islam is a form of self-protection based on the principles of sharia (maqasid sharia), particularly in protecting property (hifzhul mal) and preventing economic exploitation and injustice in trade. This article uses a qualitative approach based on library research of primary and secondary sources in Islamic jurisprudence (fiqh) of muamalah. The results of this research indicate that gharar and maisir have clear definitions, standards, and levels in classical muamalah jurisprudence. In contemporary practice, conventional insurance systems and social insurance programs such as BPJS Kesehatan (Social Security Agency) contain elements of gharar and maisir, which are considered intelligent and offer benefits. Under Islamic law, a contract or agreement containing these elements is considered fasid and invalid. This prohibition is due to the potential harm to one of the parties and does not reflect the values of justice and mutual consent (antaradin) in the transaction. Therefore, reformulation of the economic system in accordance with Islamic law must be carried out immediately to ensure that Muslim transactions do not involve prohibited practices and remain within the corridor of Islamic law.

Copyrights © 2025






Journal Info

Abbrev

MHI

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The aims of this journal is to provide a venue for academicians, researchers, and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deals with a broad range of topics in the fields of Criminal Law, Civil Law, ...