Contemporary Islamic Law and Legal Issue
Vol. 1 No. 2 (2026)

Digital Muamalah and Economic Fairness: A Socio-Legal Analysis of FinTech Regulation in Muslim Countries

Asep Koswara (Sekolah Tinggil Ilmu Al-Quran As-Syifa)



Article Info

Publish Date
16 Jun 2026

Abstract

This socio-legal study addresses the central problem of economic fairness in digital mu’āmalah, investigating the tension between technological innovation, Sharia compliance, and consumer protection within FinTech regulation in Muslim countries. Employing a qualitative socio-legal methodology that contrasts doctrinal analysis of regulatory texts (OJK, BNM, DSN-MUI rulings) with assumed empirical data (stakeholder perceptions, public reports on consumer complaints), the research critically assesses the efficacy of current regulatory frameworks. The primary scientific finding reveals a "Compliance-Fairness Paradox," demonstrating that while regulations are successful in ensuring structural compliance (e.g., technical avoidance of ribā and gharar), they fail to guarantee substantive economic fairness (Maqāṣid al-Sharī‘ah). This failure manifests as the Socio-Legal Gap, where legally permissible practices, such as high cumulative fees and algorithmic bias, lead to consumer exploitation and debt traps, fundamentally undermining the Maqāṣid objective of Hifẓ al-Māl (protection of wealth). This study concludes that achieving justice in digital finance requires regulatory policy to shift from a rigid formalistic focus on contractual structure to an adaptive, outcomes-based approach that monitors the social consequences and equitability of FinTech practices.

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Journal Info

Abbrev

contemporary-islamic-law

Publisher

Subject

Description

Focus Contemporary Islamic Law and Legal Issues is an interdisciplinary academic journal dedicated to exploring the dynamic interplay between Islamic law (Sharia) and modern legal systems in addressing contemporary challenges. The journal provides a platform for rigorous scholarly analysis, critical ...