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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 35 Documents
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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.
Analysis of Default in Sharia Economic Law Disputes: A Review of The Principles of Justice and Good Faith in Contracts Akbar Muhamad Ashoni; Mia Amanatul Fitriyah; Oyo Sunaryo Mukhlas
El-Uqud: Jurnal Kajian Hukum Ekonomi Syariah Vol. 4 No. 1 (2026)
Publisher : Fakultas Syariah UIN Prof. K.H. Saifuddin Zuhri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/eluqud.v4i1.15699

Abstract

This research focuses on the analysis of defaults in sharia economic law disputes, by highlighting aspects of justice and good faith in contracts. In the sharia economy, the application of the principles of justice and good faith is the main basis in guaranteeing the rights and obligations of the parties and resolving disputes fairly in accordance with sharia values. This research uses a juridical normative approach and case studies. Primary data is in the form of court decisions related to defaults in sharia contracts, while secondary data includes laws and regulations (KHES, Civil Code), DSN-MUI fatwas, and academic literature. The analysis was carried out descriptively and comparatively based on the principles of justice and good faith in positive law and sharia law. The results of the study show that the application of the principles of justice and good faith shows a significant influence on the resolution of default disputes. The application of sharia values in the practice of banking and Islamic financial institutions is able to uphold justice, avoid unjust actions, and ensure balanced treatment for all parties. The discussion emphasized that the implementation of the values of justice and good faith in contracts and dispute resolution must be carried out consistently and comprehensively. The application of these principles is important to maintain the harmony of sharia law and values in sharia economic practices, so that its sustainability and justice can be guaranteed.
Disharmoni Regulasi Jaminan Produk Halal: Analisis Hukum Terhadap Skema Self-Declare dan Tumpang Tindih Kewenangan BPJPH-MUI Titi Eka Utari; Mohammad Rofiul Hikam; Kanza Sulthan Salsabila; Naufal Fardan Munfarij; Syifaun Nada
El-Uqud: Jurnal Kajian Hukum Ekonomi Syariah Vol. 4 No. 1 (2026)
Publisher : Fakultas Syariah UIN Prof. K.H. Saifuddin Zuhri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/zjjw6670

Abstract

The implementation of the Halal Product Assurance (HPA) system in Indonesia has undergone significant changes following the enactment of Law Number 11 of 2020 on Job Creation, which introduced a simplified halal certification procedure through the self-declare scheme for Micro and Small Enterprises (MSEs). While this policy aims to improve the ease of doing business, it has also raised concerns regarding legal certainty, the effectiveness of supervision, and the distribution of authority among the relevant institutions. This study aims to analyze the regulatory disharmony in the implementation of the Halal Product Assurance system following the enactment of the Job Creation Law, examine the implications of the self-declare scheme, and identify the overlapping authority between the Halal Product Assurance Organizing Agency (BPJPH) and the Indonesian Ulema Council (MUI) through a case study of the halal certification of Nabidz Grape Juice. This research employs a normative juridical method using statutory, conceptual, and case approaches. Primary and secondary legal materials were analyzed qualitatively through legal interpretation and prescriptive analysis. The findings reveal a regulatory inconsistency between the prudential principle embodied in Law Number 33 of 2014 on Halal Product Assurance and the deregulatory approach promoted by the Job Creation Law. The implementation of the self-declare scheme has the potential to reduce the quality of substantive verification, while the separation of authority among BPJPH, Halal Inspection Bodies (LPH), and MUI creates ambiguity in supervisory and law enforcement responsibilities. The Nabidz Grape Juice case demonstrates the existence of legal loopholes in the implementation of halal certification, thereby undermining the legal protection of Muslim consumers. Therefore, regulatory harmonization and institutional strengthening through a more integrated Halal Product Assurance system are necessary to ensure legal certainty, effective supervision, and consumer protection.
Analisis Implementasi Regulasi Ekonomi Syariah dalam Fintech Syariah di Indonesia Daffa Asysyakir; Syihabud Din; M. Akmal Khoirur Roziq; M. Farel Tsaqif; Iqbal Hilmawan; Muhamad Masrur
El-Uqud: Jurnal Kajian Hukum Ekonomi Syariah Vol. 4 No. 1 (2026)
Publisher : Fakultas Syariah UIN Prof. K.H. Saifuddin Zuhri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/ww5fgj86

Abstract

Economic activity in society has been growing rapidly. This growth has been facilitated by the use of technology—known as fintech—making it an innovation that simplifies people’s lives. However, this development requires special attention from Islamic economic law. The aim is to ensure that the implementation of fintech remains in accordance with Sharia. However, the implementation currently lacks a strong foundation linking the mechanisms to existing regulations; therefore, this study focuses on aligning fintech mechanisms with the regulations formulated by the DSN-MUI in the form of fatwas. This study utilizes a qualitative approach with a literature review as its research method. It draws on scientific articles with relevant topics as its data sources. The results indicate a practical alignment between fintech models and DSN-MUI fatwas. This alignment enables Sharia contracts to serve as the foundation for fintech mechanisms. These findings can serve as a basis for further development of fintech to ensure it remains in harmony with Sharia economic law.
Islamic Political Economy: Bridging the Gap Between Philosophical Ideals and Contemporary Implementation Reality Muhammad Fadlli Robbi Rodiyya; Chaerul Saleh
El-Uqud: Jurnal Kajian Hukum Ekonomi Syariah Vol. 4 No. 1 (2026)
Publisher : Fakultas Syariah UIN Prof. K.H. Saifuddin Zuhri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/jnex3g12

Abstract

Islamic political economy promises distributive justice, social security, accountable markets, and finance connected to productive activity. Yet Indonesia already possesses zakat organizations, sharia supervisory bodies, and a large Islamic financial sector without fully converting those normative commitments into coordinated institutional outcomes. This article explains that gap through a structured integrative library study. Literature was identified through Scopus, Google Scholar, Dimensions, and publisher repositories, complemented by official materials from BAZNAS, the Financial Services Authority (OJK), and Indonesian legislation. Sources were included when they directly addressed Islamic political economy, Muhammad Baqir al-Sadr’s theory, or the governance of zakat, hisbah, and Islamic finance in Indonesia; duplicates, unverifiable opinion pieces, and purely descriptive works without institutional relevance were excluded. The selected materials were coded through four propositions derived from al-Sadr: distribution before production, plural ownership, purposive state intervention, and the rejection of scarcity as a value-neutral master premise. The analysis finds that Indonesia’s implementation gap is produced by downstream bias, fragmented authority, weak coordination, and incentive structures that reward formal compliance more readily than distributive outcomes. Zakat largely repairs income shortfalls after production; modern hisbah functions are dispersed across agencies; and Islamic banking regulation validates contracts more effectively than it measures the distribution of risk, productive assets, and social benefit. The article contributes an institutional reading of al-Sadr and proposes a distribution-chain approach linking access to productive resources, market supervision, risk-sharing finance, and accountable redistribution.

Page 4 of 4 | Total Record : 35

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