Al-Qisthu: Jurnal Kajian Ilmu-Ilmu Hukum
Vol 23 No 2 (2025): Al-Qisthu: Jurnal Kajian Ilmu-Ilmu Hukum

The Illusion of Perfect Ownership: Evaluating Digital Gold via Maqāṣid al-Sharīʿah

Ratih Farhani Avisya (Universitas Islam Negeri Sunan Kalijaga Yogyakarta, Indonesia)
Yasni Efyanti (Institut Agama Islam Negeri Kerinci, Indonesia)
Yudesman Yudesman (Institut Agama Islam Negeri Kerinci, Indonesia)



Article Info

Publish Date
20 Dec 2025

Abstract

The expansion of digital financial technologies has shifted gold ownership from physical possession into electronically recorded claims, challenging classical Islamic legal concepts of ownership (al-milk) and possession (qabḍ). This study aims to evaluate the substantive quality of digital gold ownership through the lens of maqāṣid al-sharīʿah, focusing specifically on the protection of wealth (ḥifẓ al-māl). Employing a qualitative, normative-doctrinal, and analytical design, this research examines contemporary Indonesian regulatory frameworks, Shariah fatwas, and the structural-operational features of Bank Syariah Indonesia (BSI) as a typified case illustration. The findings reveal that digital gold structures in Islamic banking represent an access-based ownership model where the material existence of the asset is fulfilled, yet individual traceability and effective control remain institutionally constrained. Consequently, digital gold ownership is characterized as partial—robust as an abstract economic value representation but fragile at the physical underlying asset level, thereby challenging the realization of milk tāmm (complete ownership). This study offers a novel theoretical framework by shifting the Shariah assessment of digital financial innovations from mere formal-contractual compliance to the substantive density of access-based ownership designs in practice.

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Journal Info

Abbrev

alqisthu

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice

Description

Al-Qisthu: Jurnal Kajian Ilmu-Ilmu Hukum is a peer-reviewed scientific open access journal. The subject covers textual and fieldwork studies with various perspectives of law, philosophy, mysticism, history, art, theology, and many more. In the beginning the journal only served as a scholarly forum ...