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El-Uqud: Jurnal Kajian Hukum Ekonomi Syariah
Published by Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto
ISSN : 29867185     EISSN : 29873452     DOI : https://doi.org/10.24090/eluqud.v1i1.7634
Core Subject : Religion, Social,
Religion Social Sciences
El-Uqud: Jurnal Kajian Hukum Ekonomi Syariah focuses on the study of Sharia Economic Law, Islamic Financial Law, and Issues related to Contemporary Economic Laws. El-Uqud: Jurnal Kajian Hukum Ekonomi Syariah aims to build a comprehensive understanding of Islamic economics norms in religious texts and their realization in socio-economics life.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
 1 
Search results for , issue "Vol. 3 No. 2 (2025)" : 5 Documents clear
Justice And Accuracy in Wage Payment from the Perspective of Islamic Economic Law: A Study of the Wage System of Rice Dryers in Brebes Cahyani, Denti Tri; Sukron, Mokhamad
El-Uqud: Jurnal Kajian Hukum Ekonomi Syariah Vol. 3 No. 2 (2025)
Publisher : Fakultas Syariah UIN Prof. K.H. Saifuddin Zuhri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/eluqud.v3i2.15336

Abstract

Wage determination constitutes a fundamental aspect of labor relations, as it concerns the workers’ basic rights to fair compensation for services rendered. Nevertheless, wage systems frequently give rise to disputes, particularly regarding payment delays, unclear nominal values, and inconsistencies with the principle of justice. Such issues are evident in the wage practices of rice-drying laborers in the studied village, where employment agreements are made orally and wage payments depend on the sale of the dried rice. This phenomenon merits scholarly examination from the perspective of Islamic economic law, especially through the concept of ujrah, which emphasizes justice, contractual clarity, and timeliness in wage payment. This study employs a qualitative method with a juridical-empirical approach. Primary data were collected through in-depth interviews with rice mill owners, paddy owners, and rice-drying workers, complemented by direct field observations. Secondary data were derived from relevant literature on Islamic economic law and fiqh al-mu‘āmalah. The data were analyzed through reduction, presentation, and conclusion-drawing processes based on the principles of wage determination in Islamic law—justice, clarity of contract, mutual consent, and punctual payment. The findings reveal that the rice-drying wage system follows a piece-rate payment model, in which the wage amount is determined by the quantity of rice successfully dried. Payments are generally made after the rice is sold, which occasionally results in delayed disbursement. To mitigate such issues, rice mill owners provide cash advances (kasbon) for workers in urgent need of funds. From the standpoint of Islamic economic law, this practice largely aligns with the principles of contractual transparency and mutual consent, although improvements are needed in ensuring timely wage payment to prevent potential harm to workers.
Negotiating Value and Faith: The Practice of Scrap-for-Goods Exchange in Sukowono, Indonesia, through the Lens of Fiqh Muamalah Imania, Dela Jannatul; Mohammad Firmansyah
El-Uqud: Jurnal Kajian Hukum Ekonomi Syariah Vol. 3 No. 2 (2025)
Publisher : Fakultas Syariah UIN Prof. K.H. Saifuddin Zuhri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/eluqud.v3i2.15397

Abstract

The practice of exchanging scrap materials for new goods in Sukowono District represents a form of community economic activity that has become a local habit and carries social and economic benefits, particularly among housewives. This system is preferred because it is more practical and provides direct benefits for meeting household needs. This study aims to describe the practice of scrap-for-goods exchange conducted by the community and to analyze it from the perspective of Islamic economic law (fiqh muamalah), particularly in terms of justice, mutual consent (taradhi), and transparency. This research employs a socio-legal approach with qualitative methods through observation and interviews with scrap traders and participants in Sukowono District, Jember Regency. The findings show that the exchange practice is carried out through two systems: the weighing system and the estimation system. The weighing system is considered more in line with Islamic principles because it is clear, measurable, and transparent. Meanwhile, the estimation system contains elements of gharar (uncertainty) since the value of goods is determined by approximation without exact measurement. Overall, this exchange practice is deemed valid under fiqh muamalah as it fulfills the elements of mutual consent and clear transaction objects; however, price transparency needs to be improved to better reflect the principles of justice and honesty in Islamic transactions.
Transformasi Akad: Peran Platform E-Commerce dalam Menjembatani Perdebatan Shighat dan Mitigasi Gharar pada Jual Beli Kontemporer Hakim, Luqman; Al Yamani, Jalaluddin; Salsabila, Tasya
El-Uqud: Jurnal Kajian Hukum Ekonomi Syariah Vol. 3 No. 2 (2025)
Publisher : Fakultas Syariah UIN Prof. K.H. Saifuddin Zuhri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/eluqud.v3i2.14698

Abstract

The digital revolution has fundamentally transformed commercial transactions, giving rise to practices such as pre-orders in e-commerce. This study examines how contemporary e-commerce platforms not only transform the classic Bai' as-Salam contract but also address the classical jurisprudence （fiqh debate regarding the validity of the contract form （shighat. Traditionally, schools of fiqh （such as Hanafi and Syafi'i） have differed on the validity of non-verbal contracts （mu'athah） due to potential uncertainty （gharar. This article argues that modern e-commerce platforms function as a "standardized digital shighat". Through features like detailed product descriptions, visualizations （photos/videos）, the 'checkout' button as ijab-qabul （offer and acceptance）, and review systems, these platforms create a form of mu'athah that is more certain and whose risks are mitigated. Using comparative legal analysis and literature review, this study analyzes how modern digital architecture manages gharar in pre-order practices. Findings indicate that digital platforms bridge the flexibility (e.g., the Hanafi school) with the demand for certainty (e.g., the Syafi'i school), thereby reinforcing the relevance of fiqh muamalah principles in the digital economy.
Bai‘ Al-Salam dan Aplikasinya dalam Sistem Pre-Order Online Platform Tanifund Mujadid, Shofam Amim; Zen, Muhamad
El-Uqud: Jurnal Kajian Hukum Ekonomi Syariah Vol. 3 No. 2 (2025)
Publisher : Fakultas Syariah UIN Prof. K.H. Saifuddin Zuhri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/eluqud.v3i2.15410

Abstract

This study analyzes the suitability of the digital pre-order system with the bai' al-salam contract from a muamalah jurisprudence perspective, using the TaniFund platform as a model of contemporary practice. In principle, pre-orders share similar characteristics to salam, in that payment is made in advance for goods delivered later according to agreed specifications and timing. However, observations on TaniFund indicate potential Sharia inconsistencies, such as unclear commodity specifications, uncertain harvest times, the risk of product substitution, and possible production delays due to crop failure. Furthermore, the use of conventional protection schemes and the lack of Sharia-compliant dispute resolution mechanisms can give rise to elements of gharar (unclear risk) and injustice for both investors and farmers. This study uses a qualitative-descriptive approach through a study of classical fiqh literature, the DSN-MUI fatwa No. 05/DSN-MUI/IV/2000 on salam, and an analysis of practices on the TaniFund platform. The research results show that pre-orders can be declared valid according to Sharia if they fulfill the pillars and requirements of salam, and are supported by transparent digital mechanisms, written contracts, commodity verification, and Sharia-compliant risk mitigation schemes. Therefore, strengthening contracts, internal regulations, and user education are necessary to ensure that digital pre-order practices, including those at TaniFund, align with the principles of justice, legal certainty, and the welfare of the Islamic economy.
Perbandingan Fatwa-Fatwa Ulama Tentang Jual Beli Non-Fungible Token (NFT) Lola Abellia; Moetia Septi; M. Indra; Muhammad Gilang Aidil Saputra; Saiin, Asrizal
El-Uqud: Jurnal Kajian Hukum Ekonomi Syariah Vol. 3 No. 2 (2025)
Publisher : Fakultas Syariah UIN Prof. K.H. Saifuddin Zuhri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/eluqud.v3i2.14936

Abstract

This study aims to analyze Islamic scholars' fatwas regarding the sale and purchase of Non-Fungible Tokens (NFTs) from a sharia economic perspective. On the one hand, NFTs offer economic opportunities through ownership of non-duplicable digital assets. On the other hand, concerns have arisen regarding the validity of transactions, the potential for speculation, and their compliance with sharia principles such as clarity of contracts, benefits (manfa'ah), and freedom from gharar (uncertainty) and maysir (speculation/gambling). This study uses a qualitative analysis method with a library research approach, specifically content analysis of fatwas, opinions of contemporary scholars, and classical and modern fiqh literature. The results show differences of opinion among Islamic scholars. Some permit NFT transactions under certain conditions, such as clear benefits and a lawful object, while others consider NFTs to carry high speculative risks and uncertainty. These differences are influenced by understandings of the substance of NFTs as contract objects and the context in which they are used. This article concludes that caution is essential in NFT transactions. Furthermore, clear regulations and guidance from sharia authorities are needed to ensure that NFT trading practices are conducted in accordance with Islamic economic principles, thus providing fair, transparent benefits, and free from prohibited practices.

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