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FAWAID: Sharia Economic Law Review
Published by Institut Agama Islam Negeri Kendari
ISSN : 28284593     EISSN : 2828576X     DOI : DOI: http://dx.doi.org/10.31332/flr.v5i1.5836
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Fawaid: Sharia Economic Law Review is a journal under the auspices of the Sharia Economic Law Study Program, Faculty of Sharia, State Islamic Institute (IAIN) Kendari. Fawaid: Sharia Economic Law Review was formed in 2019 and publishes scientific articles related to economic law issues from the point of view of Sharia (Islamic law). Fawaid Journal: Sharia Economic Law Review focuses on studies of economic problems from the perspective of Sharia law (Islamic Law) and Scope This journal study departs from the problems of Cryptocurrency, Contracts (Agreements), Islamic Civil, Economic Disputes, and Sharia Economic Content Studies.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 145 Documents
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ANALISIS KONSEP MONOPOLI DALAM TRANSAKSI EKONOMI SYARIAH Ahmad Pais; Iqbal, Zainab; Andi Muh. Ishak
Fawaid : Sharia Economic Law Review Vol 8 No 2 (2026): Fawaid: Sharia Economic Law Review
Publisher : Fakultas Syariah Universitas Islam Negeri Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/flr.v8i2.11464

Abstract

Shocking Line: Modern retail expansion improves consumer convenience but may increase economic pressure on traditional stalls, raising concerns about competitive fairness, declining sales, and the long-term sustainability of small businesses in local markets. Purpose of the study: This study examines competition between Indomaret and traditional stalls in Lalolara, Kendari, focusing on competitive practices, reported economic impacts on traditional stalls, and their implications under Sharia Economic Law. Methods: This empirical juridical study uses a qualitative approach, collecting data through interviews, observation, and documentation involving eight purposively selected participants. Data were analyzed descriptively using reduction, presentation, conclusion drawing, and source triangulation. Findings and discussion: The findings reveal competition in pricing, promotions, product variety, services, and accessibility. Nearby stalls reported sales declines of 30–70%, while others remained stable. Traditional stalls retain customers through personal relationships, flexible transactions, and neighborhood convenience. Implication and Contribution: This study integrates competitive legitimacy and distributive justice through four Sharia principles. It recommends strengthening traditional stalls through business development, improved procurement access, digital payment facilities, and proportionate institutional support while preserving legitimate market competition. Keywords: Modern Retail Competition; Sharia economic law; Traditional stall.
Social Recognition and Legal Certainty in Informal Land Transactions through Ḥifẓ al-MālI Linda Cahayani; Irabiah; Bobur Sobirov
Fawaid : Sharia Economic Law Review Vol 8 No 2 (2026): Fawaid: Sharia Economic Law Review
Publisher : Fakultas Syariah Universitas Islam Negeri Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/flr.v8i2.15509

Abstract

Shocking Line: Land ownership may be socially recognized and economically valuable, yet informal transactions can leave legitimate property interests vulnerable to legal uncertainty and competing ownership claims. Purpose of the study: This study examines the practices, ownership origins, documentary evidence, motivations, and perceived risks of unregistered land transactions in Tampo, Indonesia, and evaluates their implications for legitimate ownership, legal certainty, dispute prevention, and public welfare through the principle of ḥifẓ al-māl. Methods: Employing a normative–empirical legal design, this study integrates socio-legal inquiry with Islamic legal analysis. Data were collected through semi-structured interviews with 13 purposively selected informants, observations, and documentation during March–May 2026. Qualitative analysis involved data reduction, thematic presentation, conclusion verification, and triangulation across sources, methods, and collection periods. Findings and discussion: The findings reveal that informal land transfers rely on inheritance, cultivation, previous purchases, interpersonal trust, and varying documentary evidence. Although negotiated consent and community recognition support transactional legitimacy, incomplete ownership verification exposes buyers to potential disputes. From a ḥifẓ al-māl perspective, substantive property protection may coexist with institutional deficiencies that undermine enduring legal certainty. Implication and Contribution: This study proposes a two-dimensional analytical framework integrating substantive property protection and institutional legal protection. It contributes empirical evidence of the gap between socially recognized ownership and legal security while demonstrating the value of integrating socio-legal and Islamic normative analysis. The findings support accessible land registration, reliable ownership verification, and community-based dispute prevention. Keywords: Ḥifẓ al-Māl; Informal Land Transactions; Legal Certainty.
Oral Contracts and Legal Certainty in Malleleng under al-ʿĀdah al-Muḥakkamah Ihsan, Irfan; Ika Novitasari; Syamsul Darlis; Sulyman Muhammad-Busayri
Fawaid : Sharia Economic Law Review Vol 8 No 2 (2026): Fawaid: Sharia Economic Law Review
Publisher : Fakultas Syariah Universitas Islam Negeri Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/flr.v8i2.15580

Abstract

Shocking Line: Oral agreements sustain traditional agricultural cooperation, yet their reliance on trust and unwritten obligations raises critical questions about contractual validity, legal certainty, and dispute resolution. Purpose of the study: This study examines the formation, implementation, and dispute resolution of oral agreements within the malleleng tradition in Kolaka, Indonesia, and evaluates their validity through Islamic contract theory (naẓariyyat al-ʿaqd) and the legal maxim al-ʿĀdah al-Muḥakkamah. Methods: Employing descriptive qualitative field research, data were collected through interviews with five purposively selected informants, observations, and documentation in Tolowe Ponre Waru Village. Data were analyzed through reduction, display, and conclusion drawing, supported by triangulation and normative assessment based on Islamic contractual requirements and customary legal principles. Findings and discussion: The findings reveal that malleleng agreements are established through oral consent, sustained by interpersonal trust, and resolved through customary deliberation. Although these arrangements may satisfy Islamic contractual requirements, undocumented obligations generate evidentiary uncertainty when disputes arise. Customary recognition supports their legitimacy but cannot substitute for contractual clarity, demonstrating the distinction between substantive validity and evidentiary reliability. Implication and Contribution: The study proposes an integrated framework connecting contractual validity, customary normative legitimacy, and evidentiary certainty. It contributes empirical insights into trust-based agricultural cooperation and demonstrates the value of integrating qualitative inquiry with Islamic legal analysis. Practically, simplified documentation may strengthen contractual protection without undermining customary autonomy, social trust, or mutual assistance. Keywords: Al-ʿĀdah al-Muḥakkamah; Malleleng; Islamic Contract Law; Legal Certainty; Oral Agreements.
Religious Branding and Consumer Harm in Indonesia’s Illegal Sharia-Labeled Online Lending Iftikhar Kurniawan, Muhammad Arya; M. Farhan Pratama Putra M; St. Nurjannah; Andi Muhammad Adlyn Zulhilmi Syaman
Fawaid : Sharia Economic Law Review Vol 8 No 2 (2026): Fawaid: Sharia Economic Law Review
Publisher : Fakultas Syariah Universitas Islam Negeri Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/flr.v8i2.15816

Abstract

Shocking Line: When illegal lenders borrow the language of Sharia, religious trust may become a vehicle for financial deception rather than consumer protection. Purpose of the study: This study examines the operating characteristics of illegal online lending schemes presented as Sharia-compliant, evaluates their conformity with Islamic economic law, and analyzes the legal protection potentially available to affected consumers under Indonesia’s financial, consumer, and personal data protection frameworks. Methods: Using qualitative doctrinal legal research supplemented by secondary enforcement evidence, the study analyzes legislation, DSN-MUI Fatwa No. 117/2018, international scholarship, and official Indonesian regulatory reports from 2024–2026 through statutory, conceptual, and documentary approaches and qualitative content analysis. Findings and discussion: The analysis identifies risks involving unauthorized operations, unclear contracts, undisclosed charges, intrusive data practices, and coercive collection. Sharia terminology alone cannot establish contractual legitimacy or compliance with prohibitions of ribā, gharar, and ẓulm. Although multiple legal remedies exist, their application requires differentiated assessments. Official enforcement statistics do not separately quantify Sharia-label misuse. Implication and Contribution: The study proposes a three-dimensional framework integrating representational legitimacy, substantive Sharia compliance, and regulatory accountability. It contributes a clearer legal understanding of potentially misleading religious claims and highlights the need for verifiable Sharia representations, coordinated consumer protection, and improved regulatory classification. Future research should examine actual contracts and borrower experiences. Keywords: Consumer Protection; Illegal Online Lending; Islamic Economic Law; Regulatory Accountability; Sharia Label Misuse.
Sharia Financial Literacy and Digital Investment Practice among Law Students in Indonesia Sri Dewi; Rusnam; Nur Hidayah; Abidinova Laziza
Fawaid : Sharia Economic Law Review Vol 8 No 2 (2026): Fawaid: Sharia Economic Law Review
Publisher : Fakultas Syariah Universitas Islam Negeri Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/flr.v8i2.15819

Abstract

Shocking Line: Access to Sharia-compliant digital investment platforms does not necessarily translate into informed investment decisions, even among students formally educated in Islamic economic law. Purpose of the study: This study examines how Islamic Economic Law students understand digital investment practices through MotionTrade and apply Islamic financial literacy principles, particularly Sharia compliance, contractual transparency, risk management, wealth preservation, and the behavioral barriers influencing their investment decisions. Methods: Employing a descriptive qualitative design with an empirical legal approach, this study involved three purposively selected students and one Sharia Investment Gallery representative at IAIN Kendari, Indonesia. Data were collected through semi-structured interviews, limited platform observations, and documentary analysis, then examined through thematic interpretation and source and methodological triangulation. Findings and discussion: Findings reveal a gap between normative Sharia knowledge and operational investment competence. One student completed transactions before suspending trading, while two others remained non-transacting due to perceived financial risks, difficulties interpreting market information, and uncertainty surrounding electronic contracts. These contrasting experiences demonstrate that Sharia compliance awareness, technological access, and behavioral readiness do not necessarily translate into investment participation. Implication and Contribution: This study proposes a three-dimensional analytical framework integrating normative Sharia literacy, operational investment literacy, and behavioral readiness within ḥifẓ al-māl. It contributes contextual empirical evidence and an integrated socio-legal interpretation of responsible digital investment. The findings highlight the importance of experiential financial education, accessible contractual information, and risk-awareness training that prioritizes informed decisions over trading frequency. Keywords: Behavioral Readiness; Digital Investment; Ḥifẓ al-Māl; Islamic Financial Literacy; Sharia Economic Law.

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