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Milkiyah: Jurnal Hukum Ekonomi Syariah
Published by Sekolah Tinggi Agama Islam Negeri Majene
ISSN : -     EISSN : 25498312     DOI : https://doi.org/10.46870/milkiyah
Core Subject : Religion, Economy, Humanities, Social,
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences
Jurnal ini menyediakan kajian empiris dan teori yang berkontribusi pada area keilmuan hukum ekonomi syariah, serta ekonomi dan bisnis Islam.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 54 Documents
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Strategic Interventions of Zakat Institution in Empowering MSEs: The Case of BAZNAS in Bone Regency Ramli, Ahmad Faidh Annur; Jaenudin; Yuniarti, Vinna Sri; Idfilandu, Syena; Hidayat, Agi Attaubah
Milkiyah: Jurnal Hukum Ekonomi Syariah Vol. 4 No. 1 (2025): Milkiyah: Jurnal Hukum Ekonomi Syariah
Publisher : Sekolah Tinggi Agama islam Negeri Majene

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46870/milkiyah.v4i1.1527

Abstract

Productive zakat is an important part of Islamic social finance that aims to help reduce poverty by supporting micro and small businesses. Unlike traditional charity, productive zakat gives business capital to help zakat recipients (Mustahik) become independent. In Indonesia, especially in rural areas, this type of support plays a key role in improving people’s economic conditions. This study focuses on how a zakat institution attempts to help micro and small businesses through its productive zakat programmes. The research employed a qualitative method using a case study approach conducted at BAZNAS in Bone Regency, Indonesia. Data were collected through interviews and field observation involving BAZNAS staff, Mustahik, and leaders of local MSEs, and related document review. The results show that the mentoring provided is mostly limited to short verbal guidance when the funds are first given. There are no structured trainings and regular follow-ups. These issues are compounded by a lack of staff, long distances between locations, and no clear way to measure progress. However, we find that there are also chances to improve the programme, such as the use of digital tools, building partnerships, and strengthening local MSE organisations. This study demonstrates that mentoring needs to be more measurable so that productive zakat truly helps people become economically independent. We also offer insights from this study for improving zakat programmes in other rural areas
Incoterms: Reconstructing International Sales Contracts in Harmony with Sharia Economic Law Arif, Junaidi; Parmitasari, Indah; Sutrisno, Nandang
Milkiyah: Jurnal Hukum Ekonomi Syariah Vol. 4 No. 1 (2025): Milkiyah: Jurnal Hukum Ekonomi Syariah
Publisher : Sekolah Tinggi Agama islam Negeri Majene

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46870/milkiyah.v4i1.1546

Abstract

In global trade, Incoterms play an essential role as a standardised framework that defines the allocation of responsibilities and risks between sellers and buyers. However, from the perspective of Sharia economic law, the application of Incoterms in some instances has the potential to create gharar, which can impact the validity of the agreement. This study aims to analyse the gap between the provisions of Incoterms 2020 and the principles of fiqh muamalah, particularly in terms of responsibility sharing and risk transfer in international sales contracts. This research searched various academic databases, applying pre-established criteria to obtain relevant studies for review. These studies were further strengthened by normative juridical analysis based on jurisprudence literature and Islamic legal doctrines. A discrepancy between the provision of Incoterms 2020 and the principles of fiqh muamalah, especially concerning risk transfer clauses (such as FOB and CIF). This alignment carries the potential to lead gharar into contractual agreements. Ambiguity in the division of responsibilities can create situations conflicting with the core Islamic principles of ‘adl (justice) and shaffafiyyah (transparency). Consequently, there is a compelling need to reform international contractual systems to integrate Sharia principles while still accommodating the practical demands of global trade. The finding of this study provides a basis for formulating a more transparent and fairer contractual framework by integrating Sharia principles so that gharar can be prevented, leading to maṣlaḥah (public welfare) within cross-border transactions.  
Accelerating Halal Certification: Al-Siyasah Shar’iyyah Analysis of Local Government Strategies and Systemic Challenges for Madura’s MSMEs Ahmad Musadad; Taufiqur Rahman; Baihaqi, Baihaqi; Mustaniroh, Mustaniroh; Tri Pujiati
Milkiyah: Jurnal Hukum Ekonomi Syariah Vol. 4 No. 2 (2025): Milkiyah: Jurnal Hukum Ekonomi Syariah
Publisher : Sekolah Tinggi Agama islam Negeri Majene

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46870/milkiyah.v4i2.1507

Abstract

Indonesia’s mandatory halal certification deadline of 17 October 2026 poses a pressing challenge for Micro, Small, and Medium Enterprises (MSMEs) for Sharia-compliant legal assurance to maintain consumer trust and enhance market competitiveness. This study examines the strategic role of local governments in accelerating halal certification for MSMEs using Siyasah Shar’iyyah approach with the principle of Tasharruf al-imām ‘alā al-Ra‘iyyah manūṭun bi al-Maṣlaḥah. This study used interviews and policy analysis for qualitative analysis. The qualitative multi-case approach examines halal certification acceleration across Madura's four regencies (Bangkalan, Sampang, Pamekasan, and Sumenep) through interviews with key stakeholders, participatory observation, and policy document analysis. The findings demonstrate that local governments are proactively advancing halal certification through targeted approaches. These include deploying Islamic religious counsellors, participating in national certification initiatives, and providing free certification programs to facilitate MSME compliance with halal requirements. Despite proactive efforts, the study identifies three persistent challenges hindering halal certification acceleration, including fragmented coordination between implementing institutions, unequal progress across regions, and insufficient local testing infrastructure, particularly for meat and animal-derived products. To address these systemic barriers, the study proposes mobile halal laboratories to expand testing coverage, digital platforms for accessibility, and Islamic boarding schools for continuous training. The findings bridge critical theory and practice, offering scalable approaches to enhance regulatory compliance and equitable halal certification access for MSMEs.
From Vision to Practice: Transformational Leadership in Aligning Digital Adaptation with Islamic Values in Indonesian Sharia Hotels Rivai, Andi Muhammad; Suyuti, Muh. Rizal; Baharuddin, Aris; Salam, Rudi; Munna, Afzal Sayed
Milkiyah: Jurnal Hukum Ekonomi Syariah Vol. 4 No. 2 (2025): Milkiyah: Jurnal Hukum Ekonomi Syariah
Publisher : Sekolah Tinggi Agama islam Negeri Majene

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46870/milkiyah.v4i2.1538

Abstract

Sharia-compliant hotels in Indonesia are increasingly challenged to maintain religious integrity while embracing digital transformation. This study investigates how transformational leadership supports the integration of digital technologies in accordance with Islamic principles, recognising that although leadership is not explicitly regulated, the operational guidelines provide a normative framework that leaders are expected to interpret and implement in practice. A qualitative observational approach was employed. Data were collected from nine Sharia hotels in Makassar and Malang. The data were analysed using a six-phase thematic analysis framework, which enabled the systematic identification, coding, and interpretation of patterns across the entire dataset. The findings reveal that transformational leadership, which is characterised by visionary direction, motivational influence, and supportive engagement, is crucial in aligning technological adaptation with Sharia values. Hotels with stronger leadership adherence to Islamic ethics were more adherent in implementing digital tools that uphold modesty, halal standards, and moral conduct. Conversely, hotels lacking in consistent leadership practices showed weaker integration of both digital systems and Sharia compliance. Transformational leadership is essential in harmonising innovation and Islamic values. The findings of this study provide practical implications for Sharia hotel managers and policymakers to integrate transformational leadership with digital strategies so that technological innovation can enhance competitiveness without compromising adherence to Sharia principles.
The Paradox of Mu'allaq Contracts in Murabahah Financing Putra, Panji Adam Agus; Durahman, Dani; Kurniawan, Cecep Soleh; Hatta, Muhammad
Milkiyah: Jurnal Hukum Ekonomi Syariah Vol. 4 No. 2 (2025): Milkiyah: Jurnal Hukum Ekonomi Syariah
Publisher : Sekolah Tinggi Agama islam Negeri Majene

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46870/milkiyah.v4i2.1576

Abstract

Islamic economics requires strict adherence to contracts that comply with Sharia law, but contemporary financial practices, particularly tamlîk (purchase with ownership rights) and mu’âwadhat (reciprocal exchange) agreements, often face challenges related to gharar (excessive uncertainty), raising critical questions about their validity under Islamic law. This study focuses on resolving one of the most controversial issues in modern Islamic finance: the validity of mu’allaq contracts in murabahah financing structures. Through a normative legal approach, this study systematically analyses classical fiqh literature, fatwa from the Indonesian National Sharia Council (DSN-MUI), and regulatory guidelines such as the OJK Murabahah Guidelines, revealing fundamental differences of opinion among scholars. The validity of mu'allaq contracts in Islamic finance remains a subject of debate, with classical scholars from the Hanafi, Shafi'i, and Hanbali schools rejecting them as non-binding tabarru', while contemporary scholars permit them based on the principle of contractual freedom. This study discloses that transparent mu'allaq murabahah contracts, implemented under sharia supervision, effectively balance classical prohibitions with modern banking needs, offering sharia-compliant and practical financing solutions. By maintaining strict contractual clarity while accommodating contemporary transaction requirements, mu'allaq emerges as a contract that is legally valid and operationally beneficial for Islamic financial institutions.
The Riba Dilemma: How Divergent Perceptions of Bank Interest Shape Muslim Entrepreneurs' Business Strategies Sudana, Sudana; Marlina, Lina; Dermawan, Muhammad Jagat
Milkiyah: Jurnal Hukum Ekonomi Syariah Vol. 4 No. 2 (2025): Milkiyah: Jurnal Hukum Ekonomi Syariah
Publisher : Sekolah Tinggi Agama islam Negeri Majene

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46870/milkiyah.v4i2.1595

Abstract

This study explores the diverse perceptions among Muslim entrepreneurs in Indonesia regarding bank interest and its influence on business decision-making. While some entrepreneurs view bank interest as usury (haram interest), which is prohibited in Islam, others do not, resulting in very different business strategies. Using a qualitative phenomenological approach, data was collected through in-depth interviews with purposively selected participants and analysed using NVivo. The findings reveal two distinct perspectives. The first group views bank interest as Riba, and their business decisions actively avoid conventional banking facilities. They prefer self-financing or community-based financing with profit-sharing principles, are more selective in choosing business partners, and may delay expansion. This group views the difference between Islamic banks and conventional banks as merely a difference in terminology and maintains strong community ties with relatively low financial pressure. This study reveals the evolution of public perception regarding usury in the modern financial system, highlighting how religious interpretations adapt to contemporary economic dynamics while influencing the financial behaviour of the faithful.
Regulatory Evolution and Challenges in Aceh’s Sharia Financial System: A Study of Qanun Reforms Ihwanudin, Nandang; Siregar, Muhammad Rafi; Rifai, Ahmad; Manarul, Achmad
Milkiyah: Jurnal Hukum Ekonomi Syariah Vol. 4 No. 2 (2025): Milkiyah: Jurnal Hukum Ekonomi Syariah
Publisher : Sekolah Tinggi Agama islam Negeri Majene

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46870/milkiyah.v4i2.1598

Abstract

As a province operating under Sharia law, Aceh has implemented a Sharia economic system that covers all sectors, including financial institutions. The basic regulation for this system, Qanun Aceh No. 11 of 2008 on Sharia Financial Institutions, establishes the initial framework. However, broader development requires regulatory improvements. This study examines the transformation of the Qanun and its implications for the Islamic economic system in Aceh. Using a normative-empirical legal approach, this study analyses Qanun and field data from Banda Aceh and Lhokseumawe. Informants from the regulatory, banking and community sectors were interviewed. Triangulation and thematic analysis ensured valid findings on the implementation of Islamic economic norms, balancing legal examination with empirical observations of practical challenges and social acceptance. The findings show that although the regulatory framework for Islamic economics in Aceh has developed well, the socio-economic promise of justice and inclusion that it holds is still hampered by implementation gaps, structural barriers, and limited public consensus. The future of Aceh's Islamic economy does not depend on additional legislation, but rather on focused efforts in education, capacity building, and the provision of quality services to build public trust and ensure equitable benefits for all communities. The study highlights legal pluralism studies in decentralized governance and can provide framework for analysing sharia-based economic development models.
Challenges and Strategies for Productive Waqf Management: An Analysis of Muhammadiyah’s MPW and its Role in Community Economic Development Mursal, Mursal; Salman Munthe; Rahmat Ilyas; Muhammad Farhan Abimayu
Milkiyah: Jurnal Hukum Ekonomi Syariah Vol. 4 No. 2 (2025): Milkiyah: Jurnal Hukum Ekonomi Syariah
Publisher : Sekolah Tinggi Agama islam Negeri Majene

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46870/milkiyah.v4i2.1684

Abstract

MPW is an institution established by Muhammadiyah to manage Waqf. Although its role in supporting the welfare of the community in Padang City, its actual economic impact requires further investigation, making it an interesting topic for research. This study aims to analyse the role of MPW in optimising productive Waqf to support the local economy. Using a qualitative case study approach, primary data was collected through in-depth interviews with regional executives and three Waqf beneficiaries. Secondary data was obtained from a review of relevant literature. The findings highlight several key points. With regard to the achievement of objectives, the economic impact on beneficiaries remains limited, and full economic independence has not yet been achieved. This requires a strategic shift from direct assistance towards empowerment through entrepreneurship training, small business mentoring, and results-based evaluation. In terms of integration, the low participation of beneficiaries in planning and evaluation, coupled with one-way communication, highlights the need for two-way communication forums, greater involvement of beneficiaries, and synergy with Islamic financial institutions to increase inclusiveness. Finally, in terms of adaptation, challenges in adjusting to local needs, ensuring transparency, and guaranteeing sustainability require solutions such as publishing open reports, developing programmes based on local needs, and involving relevant stakeholders.
Kantian Philosophy and Fiqh Siyar: A Hybrid Framework for Poverty Rights Protection Khalik, Subehan; Usman, Ummu Farhah
Milkiyah: Jurnal Hukum Ekonomi Syariah Vol. 5 No. 1 (2026): Milkiyah: Jurnal Hukum Ekonomi Syariah
Publisher : Sekolah Tinggi Agama islam Negeri Majene

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46870/milkiyah.v5i1.1597

Abstract

Property rights violations in conflict zones represent a critical failure of secular legal frameworks, particularly when government institutions collapse or act as perpetrators. This study proposes a novel, synthesized framework for protecting property rights in conflict zones by integrating Kantian political philosophy with Islamic jurisprudence on international relations (Fiqh Siyar). We employ a normative legal method integrated with comparative and critical analysis, proceeding sequentially to develop a philosophical-legal evaluative framework. The Kantian framework, operationalized through commitments to autonomy and dignity, provides specific indicators for protection, such as non-expropriation and effective remedies. In parallel, the analysis draws on core Islamic legal principles, including ḥifẓ al-māl (protection of wealth) and the prohibition of ghasb (unlawful seizure). Data sources are triangulated from international legal instruments, Islamic legal texts, judicial decisions, and reports from reputable organizations. The findings reveal that while Kantian philosophy emphasize institutional roles. Islamic law contributes two critical elements: an eschatological dimension of divine accountability and practical, identity-neutral legal tools for safeguarding non-combatants during systemic collapse. The study implies that effective property rights protection in such crises requires a multi-layered paradigm combining constitutional guarantees with enforceable mechanisms, strengthened by this Kantian-Islamic synthesis. This framework presents a viable alternative for contexts where traditional international law has failed, warranting further exploration for practical implementation and potential adoption by global legal institutions.
Consumer Protections in Digital Transactions: A Study of Indonesian E-commerce through Positive and Islamic Law Malasari, Ris; Darwis, Muhammad; Said, Zainal
Milkiyah: Jurnal Hukum Ekonomi Syariah Vol. 5 No. 1 (2026): Milkiyah: Jurnal Hukum Ekonomi Syariah
Publisher : Sekolah Tinggi Agama islam Negeri Majene

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46870/milkiyah.v5i1.1638

Abstract

The rapid growth of e-commerce in Indonesia has triggered a corresponding increase in consumer protection issues, which is an urgent problem that this study seeks to examine. This study aims to uncover the practice of consumer protection that occurred in Indonesia within the implementation of e-commerce transactions, which is then analysed using the perspective of positive and Islamic laws. Using a normative-empirical legal approach, the study evaluates the compatibility of practices with Sharia principles. We employed a normative-empirical analysis to evaluate e-commerce transactions in Indonesia through the dual lenses of Sheikh Wahbah al-Zuhaili’s fiqh muamalah and the law concerning Consumer Protection (UUPK). Empirical findings show that businesses have limited legal literacy and ethical awareness, often delegating consumer protection responsibilities to platforms and failing to enforce the rights guaranteed by the Consumer Protection Law (UUPK), as seen in widespread issues related to misleading product representations and inadequate dispute resolution mechanisms. Nevertheless, government oversight and formal dispute resolution mechanisms, such as the Consumer Dispute Resolution Agency, are inadequate for the scale and complexity of the digital market. Normatively, this study combines these findings with Sheikh Wahbah al-Zuhaili's Islamic legal framework, showing that common digital practices, such as non-transparent product descriptions and hidden fees, violate the basic pillars of contracts and introduce the prohibited elements of gharar (uncertainty) and tadlīs (deception), thereby rendering transactions invalid under Islam. The study underlines that the ethical principles of fiqh muamalah (trust, justice, and honesty) align with the objectives of the UUPK, together forming a coherent basis for reform. To bridge the current gap, an integrated regulatory approach is essential, combining enhanced law enforcement, business ethics education, and the development of a transparent, Sharia-compliant digital system for online verification and dispute resolution.

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