Al-Fiqh: Journal of Contemporary Islamic Law
Vol. 1 No. 2 (2025)

From Sale to Agency: Reconceptualizing Informal Tobacco Contracts in Islamic Commercial Jurisprudence

Shofil Widad (Ma'had Aly Nurul Jadid)
Suliyanto Suliyanto (Ma'had Aly Nurul Jadid)



Article Info

Publish Date
30 Dec 2025

Abstract

This study aims to analyze bulk tobacco trading practices from the perspective of fiqh muamalah and maqasid al-shariah. Tobacco trading is a primary source of livelihood for rural farmers, yet the system is largely controlled by middlemen who dominate price determination and weighing. This condition raises concerns regarding transparency, bargaining inequality, and compliance with Islamic commercial ethics. This research employs a qualitative empirical approach. Data were collected through observation and semi-structured interviews with farmers and intermediaries and analyzed using the Miles and Huberman interactive model supported by classical and contemporary fiqh literature. The findings reveal that tobacco transactions rely on informal verbal agreements supported by long-term social trust, while intermediaries largely control price determination and quality assessment through subjective evaluation. Unilateral weight deductions and delayed price disclosure create potential elements of gharar and weaken mutual consent. Two transaction models were identified: one with prior price agreement fulfilling the requirements of bay‘, and another with delayed price determination that may be reinterpreted as wakalah bil ujrah if compensation mechanisms are transparent. This study contributes to strengthening the application of maqasid al-shariah in rural market analysis and recommends transparent pricing, standardized weighing systems, and clearer contractual structures.

Copyrights © 2025






Journal Info

Abbrev

fiqh

Publisher

Subject

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

Description

AlFiqh Journal of Contemporary Islamic Law focuses on interdisciplinary studies of Islamic law in the context of modern issues and challenges. The journal covers a wide range of topics, including the application of Sharia law in various legal systems, the evolution of fiqh, Islamic law and human ...