<![CDATA[Purpose – This study analyzes and reconstructs the legal framework for Islamic financial inclusion based on maqāṣid al-sharīʻah, from the perspective of Muḥammad al-Ṭāhir Ibn ʿĀshūr, motivated by Indonesia's persistently low Islamic financial literacy rate (9.14%, OJK SNLIK 2022). Design – A normative juridical method is employed, drawing on statutory, conceptual, and philosophical approaches. Primary legal materials include Law No. 21/2008, Law No. 8/1999, Law No. 4/2023 (UU P2SK), POJK No. 6/POJK.07/2022, and DSN-MUI fatwas, analyzed qualitatively using Ibn ʿĀshūr's maqāṣid framework. Findings – Legal protection in Islamic finance is structurally deficient in three respects: regulatory fragmentation, formalistic Sharīʻah compliance, and inadequate disclosure standards. The low literacy rate creates information asymmetry that undermines genuine consumer consent (tarāḍī). Ibn ʿĀshūr's four principles, namely ḥifẓ al-māl, al-ʿadl, al-ḥurriyyah, and rafʿ al-ḥaraj, are operationalized as a four-pillar reconstruction model that integrates regulatory consolidation, substantive Sharīʻah supervision, Islamic financial literacy as a statutory obligation, and accessible dispute resolution. Research Implications – The framework carries normative implications for OJK, DSN-MUI, and Islamic financial institutions. As a normative study, empirical validation is not included; future socio-legal research is necessary to test the framework in practice. Originality – This study offers one of the more systematic attempts to operationalize Ibn ʿĀshūr's four universal principles into specific, enforceable legal protection standards for the Islamic financial sector.]]>
Copyrights © 2026
