Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia
Vol. 4 No. 4 JULI 2026

Smart Contract sebagai Akad Digital: Kesesuaian dengan Prinsip Hukum Islam pada Fintech Syariah

Khayla Nalanwal (Unknown)
Lia Amalia (Unknown)
Citra Maharani (Unknown)
Titie Rachmiati Poetri (Unknown)



Article Info

Publish Date
01 Oct 2026

Abstract

The development of sharia fintech in Indonesia encourages innovation in financial transactions based on sharia principles, one of which is through the use of smart contracts as a digital contract instrument. This innovation offers efficiency and speed, but also raises doubts about contracts that are carried out automatically through the system remaining valid according to Islamic law. This research was conducted because of the need to review the balance of smart contract technology with the principles of muamalah fiqh, especially regarding ijab qabul as the main element in forming a contract. This research examines 2 (two) problem formulations: (1) whether smart contracts in sharia fintech services meet the requirements for a valid contract according to Islamic law; and (2) how does Islamic law view the implementation of ijab qabul carried out automatically by the system. This type of research is normative legal research, with a regulatory-legislative and contextual approach. Data sources consist of various Islamic legal literature, fatwas or opinions of DSN-MUI, fintech regulations, and other related documents. The analysis technique is carried out qualitatively through legal interpretation to draw prescriptive conclusions. This study aims to bridge technological developments with sharia principles so that digital financial innovation remains in accordance with the values of justice, transparency, and welfare. The results of this study indicate that smart contracts have the potential to be recognized as valid digital contracts under Islamic law, as they serve as a transparent means of automatically executing contracts. Validity is determined by sharia-compliant verification of the contract content, parties, and object through KYC and oversight by the Sharia Supervisory Board. The automatic ijab qabul mechanism through smart contracts aligns with the principles of consent (permissible consent), contract flexibility, and the concept of a virtual assembly, which are accepted by the majority of Islamic scholars.

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Journal Info

Abbrev

psha

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia merupakan media publikasi karya ilmiah hasil seminar nasional yang mengkaji berbagai permasalahan terkini dalam bidang hukum pidana, hukum perdata, hukum internasional, hukum tata negara, dan hukum administrasi negara. ...