Qisth: Jurnal Studi dan Penelitian Hukum Islam
Vol. 3 No. 1 (2026)

Konstruksi Hukum Investasi Kripto dalam Sistem Hukum Ekonomi Syariah Perspektif Maqashid Syariah

Muhammad Nur Karim Al Ismariy (Universitas Darul Ulum Islamic Centre Sudirman)
Luthfi Eka Wispriyanti (Unknown)
Lailasari Ekaningsih (Unknown)
Ridho Saadillah Ahmad (Unknown)
Irfan Rizky Hutomo (Unknown)



Article Info

Publish Date
15 Jan 2025

Abstract

The rapid development of digital technology has introduced cryptocurrency as a new investment instrument that raises complex legal issues, particularly within the framework of Islamic economic law. In Indonesia, cryptocurrencies are legally recognized as tradable commodities but are not permitted as lawful means of payment. Meanwhile, Islamic law provides conditional permissibility for crypto investment, as reflected in the Fatwa of the National Sharia Council of the Indonesian Ulama Council (DSN-MUI) No. 140/DSN-MUI/XI/2021. This study aims to analyze the legal construction of cryptocurrency investment within the Indonesian Islamic economic law system, examine its legality under both positive law and Islamic law, and assess its conformity with maqashid al-sharia principles. This research employs a qualitative method with a normative juridical approach, relying on library research of statutory regulations, sharia fatwas, and relevant academic literature. The findings indicate that cryptocurrency investment may be legally acceptable under certain conditions, provided that it is conducted transparently, based on clear contractual arrangements, and free from elements of gharar, maysir, and excessive speculation. The maqashid al-sharia approach plays a crucial role in evaluating the protection of wealth and ensuring public benefit in digital investment practices.

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Journal Info

Abbrev

qisth

Publisher

Subject

Religion Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

Description

Qisth: Jurnal Studi dan Penelitian Hukum Islam is a peer-reviewed academic journal that focuses on the exploration of contemporary issues in Islamic legal studies. The journal adopts both qualitative and quantitative research methodologies and covers a wide range of topics within social, religious, ...