Majapahit Journal of Islamic Finance dan Management
Vol. 6 No. 2 (2026): Islamic Finance and Management

The Use of Akad Salam in Pre-Order Transactions Pempek Perspective of the Yellow Book of Fathul Qorib

Maisya Hanafiah (Institut Daarul Quran, Kota Tangerang, Indonesia)
Ahmad Misbakh Zainul Musthofa (Institut Daarul Quran, Kota Tangerang, Indonesia)
Rizki Dwi Anggraini (Institut Daarul Quran, Kota Tangerang, Indonesia)



Article Info

Publish Date
04 Aug 2026

Abstract

The rapid growth of digital transactions has encouraged the widespread practice of pre-order in the culinary business sector, including the trade of pempek, a traditional food from Palembang. This phenomenon demands a thorough examination from an Islamic law perspective, given that pre-order transactions bear substantial resemblance to the salam contract in Islamic jurisprudence. This study aims to analyze the conformity of pempek pre-order practices with the pillars and conditions of the salam contract according to Kitab Fathul Qorib by Imam Ibn Qasim Al-Ghazi. A descriptive-analytical qualitative method was employed, using semi-structured interviews, observation, and documentation review. The findings reveal that pempek pre-order practices are substantially similar to the salam contract, yet fail to fully satisfy its prescribed requirements. Three primary shortcomings were identified: ambiguous specification of al-muslam fih, incomplete upfront payment of ra's al-mal, and a loosely defined ajal. These deficiencies create room for gharar elements that potentially undermine the transaction's validity under Islamic law. This study recommends reforming pre-order practices and improving muamalah fiqh literacy among Muslim business actors to ensure their transactions comply with Islamic legal standards. Keywords: Salam Contract, Pempek Pre-Order, Fathul Qorib, Islamic Jurisprudence, Gharar

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Journal Info

Abbrev

majapahit

Publisher

Subject

Decision Sciences, Operations Research & Management Economics, Econometrics & Finance

Description

Majapahit Journal of Islamic Finance and Management (MJIFM) (E-ISSN 2798-0170) is a journal published by Universitas KH. Abdul Chalim Mojokerto Indonesia four times a year (March, June, September and December). As the name implies, the journal brings two major themes, namely Islamic Finance and ...