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Indonesian Journal of Islamic Economic Law
Published by Universitas Muhammadiyah Surakarta
ISSN : -     EISSN : 30314275     DOI : https://doi.org/10.23917/ijoel
Core Subject : Religion, Economy, Social,
Religion Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice
Indonesian Journal of Islamic Economic Law is a peer-reviewed journal dedicated to publishing the scholarly study of the islamic economic law many different perspectives. Particular attention is paid to the works dealing with application of Islamic Finance: Islamic finance has been increasingly applied in various sectors and industries, including banking, insurance, investment, and real estate. Islamic finance promotes risk-sharing and profit-sharing arrangements, as well as ethical and socially responsible investment practices, which can contribute to greater financial stability and sustainable economic growth. Application of Zakat and Waqf: Zakat and Waqf are important tools in promoting social justice and alleviating poverty in Islamic societies. Zakat is a form of obligatory charity, which is collected from the wealth of those who are able to pay and distributed to the needy and vulnerable members of society. Waqf, on the other hand, is an endowment that is used for charitable purposes, such as funding education, healthcare, and social welfare programs. These forms of charitable giving can play a significant role in reducing poverty and promoting social welfare. Application of Islamic Economic Social Justice: Islamic economic social justice emphasizes the fair and just distribution of wealth, as well as the promotion of social welfare and equal opportunities for all members of society.
Arjuna Subject : Seni dan Humaniora - Studi Agama
Articles 30 Documents
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دراسة التحليل المقارنة عقد المضاربة من منظور فتوى المحكمة العليا وفتوى مجلس الشرعي الوطني : An Analysis of Mudarabah Contracts in The Perspective of The Supreme Court Regulation and DSN-MUI Fatwa Ibrahim, Siti Nawal; Saifullah, Saifullah
Indonesian Journal of Islamic Economic Law Vol. 2 No. 2 (2025): Indonesian Journal of Islamic Economic Law
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/ijoel.v2i2.9957

Abstract

The purpose of this study is to analyse how the method of sharia contracts in Supreme Court Regulation No. 2 of 2008 concerning the Compilation of Sharia Economic Law (KHES) is compared with the DSN MUI fatwa. To find out the differences and similarities in the application of sharia contract methods between KHES in Supreme Court Regulation No. 2 of 2008 and the DSN MUI fatwa. The scope of research in this research is descriptive, and the approach in this research is a comparative approach and a statutory approach. The analysis used in this research is inductive analysis. The result of this research is in order to compare the method of interpretation of sharia contracts, Supreme Court Regulation No. 100 of Law No. 2 of 2008 concerning the Compilation of Sharia Economic Law (KHES) and DSN-MUI fatwa have different approaches in the implementation of Mudharabah contracts. KHES focuses more on the principle of legal clarity and the initial intention of the parties, because the contract must be made and implemented in accordance with the initial agreed objectives. The interpretation in KHES is more legalistic, so it serves as a court guideline in resolving legal disputes that prioritize clarity, justice and understanding between investors and fund managers. Meanwhile, DSN-MUI Fatwa No. 115/DSN-MUI/IX/2017 tends to use a more flexible jurisprudential approach. This fatwa provides specific guidelines for various forms of Mudharabah contracts such as limited Mudharabah and absolute Mudharabah, making it easier to apply in Islamic financial institutions according to different business contexts. The principles also include transparency and flexibility in capital management, profit sharing and risk responsibility. The similarities of these two directives include a strong foundation in Shariah principles, particularly with regard to transparency, fairness and agreement in principle on the profit ratio. In addition, both KHES and Fatwa DSN-MUI agree that the risk of loss is borne by the investor, unless there is negligence on the part of the fund manager. On the other hand, differences arise in the technical details, where KHES demands clarity and more strictly limits contractual roles, while Fatwa DSN MUI allows variations in the form of capital and provides greater flexibility in the division of roles and profit sharing. Thus, KHES is more important as a legal reference in court, while the DSN-MUI fatwa plays an important role in the operational practices of Sharia financial institutions, which need guidance in managing fair and Sharia-compliant business cooperation.
Mudarabah Contract in The Property Investment: Critical Legal Review Novira, Nuraeni; Sam, Zulfiah; Sarah, Sarah; Shoaleha, Mar'atu
Indonesian Journal of Islamic Economic Law Vol. 2 No. 2 (2025): Indonesian Journal of Islamic Economic Law
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/ijoel.v2i2.9958

Abstract

This research aims to find out how the legality of the mudarabah system based on Law No. 21 of 2008 and how the implementation of mudarabah contracts in property investment. To get answers to the above problems, the author uses descriptive qualitative research (library research), which focuses on manuscript and text studies using normative, juridical and historical approach methods with deductive data analysis. The results show that legally, the mudarabah system has been regulated in Law No. 21 of 2008 through Articles 19 and 20 related to the collection and distribution of funds by Islamic banks. However, the implementation of mudarabah contracts in property investment has not fully complied with the provisions of the law, especially in the aspects of profit-sharing transparency (Article 21 letter b), risk monitoring (Article 26), and dispute resolution mechanisms (Article 55). This finding theoretically confirms the strength of the Islamic Banking Law in distinguishing partnership-based contracts from the conventional interest-based system. Practically, the implementation of mudarabah contracts in accordance with sharia principles can increase customer trust and loyalty, while non-compliant implementation has the potential to reduce the credibility of Islamic financial institutions.
The Subscription Based Trading : (Muhammadiyah Perspective) Rizaldi, Ardhansyah Dwiki; Azka Muhammad, Rifqi
Indonesian Journal of Islamic Economic Law Vol. 2 No. 2 (2025): Indonesian Journal of Islamic Economic Law
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/ijoel.v2i2.10194

Abstract

The objective of this study is to analyze the islamic legal aspects of buying and selling subscribers from the perspective of Muhammadiyah fatwa manhaj (methodology). The phenomenon of buying and selling subscribers has become widespread with the development of digital platforms such as YouTube, where subscribers have become one of the main requirements for monetization. This practice raises legal questions, particularly regarding its validity in Islam. Using qualitative approach by combining content analysis and literature review methods conducted based on Muhammadiyah methodological approach of tarjih, this study examines the practice of buying and selling subscribers based on Islamic principles such as honesty (as-sidq), justice (al-'adālah), and public interest (al-maslahah). The analysis reveals that this practice contains elements of deception, fraud, injustice, and gharar (uncertainty), which are contrary to Islamic business ethics. Therefore, by applying the Muhammadiyah fatwa methodology, such as the three-leveled approach to norms in Islamic law (al-qiyām al-asāsiyyah, al-uṣūl al-kulliyyah, and al-aḥkām al-farʻiyyah), it can be concluded that the buying and selling of subscribers is not permitted in Islam. This study is expected to serve as a reference for Muslims, especially in avoiding business practices that contradict Shari'a law.
Halal Food Fraud in Indonesia: A Sharia-Based Review and Strategic Solutions Sholahuddin, Muhammad; Robbani Ridho, Muhammad; Asri Abdullah, Moha
Indonesian Journal of Islamic Economic Law Vol. 2 No. 2 (2025): Indonesian Journal of Islamic Economic Law
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study investigates the phenomenon of halal food fraud in Indonesia, particularly focusing on its forms, drivers, and impact on Muslim consumer trust. This study employs a qualitative approach, utilizing a single case study method that focuses on the city of Surakarta (Solo), Central Java. The data presented herein was collected through a document analysis. The selection of Surakarta as a case study was predicated on its notable concentration of Muslim residents, its rapid growth in the culinary sector, and its status as a major center of Islamic education and culture in urban areas. The research findings revealed ten main forms of halal violations, including the covert use of haram ingredients, fake halal labeling, and improper handling of halal equipment. The prevalence of such fraudulent practices can be attributed to the overarching economic motivations inherent within a capitalist-secular system that places a higher value on profit than on ethical and religious obligations. The study also found significant erosion of Muslim consumer trust due to repeated violations, and demonstrated that non-Muslim business owners' lack of understanding of halal-haram values, coupled with weak law enforcement, exacerbates the problem. This study makes a significant contribution to the existing body of knowledge by offering a novel synthesis of moral, ideological, and legal perspectives on food fraud in Indonesia. The present study underscores the significance of systemic reform by proposing two levels of solutions: (1) short-term practical measures, such as digital tracking, halal literacy programs, and regulatory strengthening; and (2) long-term ideological transformation through the adoption of a comprehensive Islamic framework to ensure moral accountability in the food supply chain.
Buying and Selling Imitation Products in the Perspective of Fiqh Muamalah Dahmayanti, Andi; Hawariah, Hawariah; Risdayani, Risdayani; Musriwan, Musriwan; Atikah, Nurul
Indonesian Journal of Islamic Economic Law Vol. 3 No. 1 (2026): Indonesian Journal of Islamic Economic Law
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/ijoel.v3i1.11922

Abstract

This study aims to analyse the fiqh muamalah review of the practice of buying and selling imitation products, which is now rampant in contemporary economic transactions. The type of research used is library research with a normative approach and deductive analysis. The results of the study show that formally, the sale and purchase of imitation products has fulfilled the pillars and requirements of the contract, namely the existence of ijab-kabul and the element of willingness (riḍā) between the seller and the buyer. However, from a broader perspective of fiqh muamalah, this practice is categorised as a transaction that is haram and prohibited. This prohibition is based on the existence of an element of ḍarar (harm) to a third party, namely the original manufacturer whose intellectual property rights are violated without permission or tolerance. In addition, this practice contains elements of tadlīs (deception) and garar related to the uncertainty of the quality of products that resemble the original goods but do not have the same quality standards. This study concludes that even though the formal requirements are met, the violation of other people’s property rights and the element of manipulation make this transaction incompatible with the principles of Islamic justice. The results of this study are expected to serve as a reference for academics, the government, and the public in understanding the limits of transaction honesty and the protection of the rights of original producers in order to create a muamalah ecosystem that is free from injustice.
Addressing Digital Content Fraud and Ethical Monetization: from the DSN-MUI Perspective Mubarok, Jaih; Rahmat; Rosyadi, Imron; Yayuli; Elvri, Rini
Indonesian Journal of Islamic Economic Law Vol. 3 No. 1 (2026): Indonesian Journal of Islamic Economic Law
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/ijoel.v3i1.13523

Abstract

This study aims to reinterpret the methodology of the Indonesian Ulema Council's National Sharia Board (DSN-MUI) Fatwa No. 62/2007 on Ju'alah and Fatwa No. 116/2017 on Sharia Electronic Money in the context of the modern digital economy, particularly in dealing with the phenomenon of content fraud on monetisation platforms such as TikTok. Using a qualitative approach, this study employe Islamic legal analysisto assess how the Ju'alah contract can shift from a normative-individual interpretation to a socio-structural understanding. The results of the study show that the reinterpretation of the two fatwas expands the function of the Ju'alah contract into a digital ethical and legal framework that emphasises justice, trust, transparency, and collective responsibility between creators, platforms, and regulators. The integration of Sharia principles with modern technologies such as blockchain, traceability systems, AI transparency, and homomorphic encryption enables the creation of an accountable digital monetisation system that is free from elements of gharar, tadlīs, and maysir. This study also confirms that the implementation of maqāṣid al-syarī‘ah values can form the basis for the establishment of a fair and sustainable digital economic governance system. However, this research is still conceptual and requires further empirical validation through algorithmic audits and the development of Sharia smart contracts. The results of this study are expected to be an important contribution to the development of a digital Islamic economic paradigm that is adaptive to technology, while remaining based on the principles of justice and public benefit.
The Islamic Court Resilience and Digital Disruption : A Prospective Review of The Indonesian Religious Courts Zulkarnain, Zulkarnain; Hidayat, Syamsul
Indonesian Journal of Islamic Economic Law Vol. 3 No. 1 (2026): Indonesian Journal of Islamic Economic Law
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/ijoel.v3i1.13844

Abstract

The background of this research stems from the urgent need to ensure the adaptability and institutional resilience of religious courts amid digital disruption. The purpose of this research is to develop a theory of prospective resilience of religious court institutions by tracing the historical foundations and legal frameworks that shape institutional resilience in the face of technological transformation. This research is qualitative in nature with a legal-historical and juridical-normative approach. Data were collected through a document study of regulations on the institutionalization of religious courts and legal literature on judicial institutions, then analyzed using content analysis and interpretive-historical methods. The results of the study show that the prospective resilience of religious courts is built on three dimensions: continuity of Islamic legal values, the recontextualization of justice norms within the digital system, and the integration of ethical responsibility principles into the use of AI. The novelty of this research lies in the development of institutional resilience theory rooted in legal-historical methodology, which places institutional history as the conceptual foundation for the resilience and legitimacy of religious courts in the era of digital disruption.
The Resilience of Religious Courts and Economic Disruption: A Constitutional Law Perspective Fitriciada Azhari, Aidul; Isman, Isman
Indonesian Journal of Islamic Economic Law Vol. 3 No. 1 (2026): Indonesian Journal of Islamic Economic Law
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/ijoel.v3i1.13850

Abstract

This study aims to analyze how the interaction between economic disruption, internal adaptation, and constitutional legitimacy, within the framework of path dependence, shapes the resilience of the Religious Courts in Indonesian law. This study employs a qualitative-juridical research approach, incorporating historical, socio-legal, and institutional analysis methods. Data were collected from literature archives, constitutional documents, legislation, court decisions, and judicial bureaucrats. The analysis used pattern-tracking techniques and circular causal models, based on Lev (1978) and Manan (2003), to identify the relationships among external pressures, adaptation mechanisms, and institutional stability. The results show that judicial resilience does not stem solely from constitutional norms, but from the ability of institutions to transduce economic pressures into new institutional legitimacy through ambivalent adaptation—both defensive and innovative. Digital disruption expands the space for substantive legitimacy, but also produces structural noise that weakens judicial independence. The novelty of this research lies in the construction of the constitutional-resilience cycle, a nonlinear model that explains how constitutional legitimacy functions as both an amplifier and a regressive filter in absorbing economic disruption, resulting in a dynamic pattern of resilience that classical path-dependence theory cannot explain.    
Institutionalizing Artificial Intelligence within Indonesia’s Zakat Architecture: Navigating Regulatory Challenges and Sharia Compliant Implementation Nugroho, Bramantyo Suryo; Al-Giffari, Haekal Adha
Indonesian Journal of Islamic Economic Law Vol. 3 No. 1 (2026): Indonesian Journal of Islamic Economic Law
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/ijoel.v3i1.13927

Abstract

This study examines how zakat management, supported by artificial intelligence and big data, can be optimized within the context of Islamic finance in Indonesia to address persistent poverty and the gap between zakat potential and actual collection (Purpose). Using a qualitative approach, this research is based on a literature review and case analysis focusing on the application of artificial intelligence, big data analytics, and digital governance mechanisms in zakat management practices in Indonesia’s Islamic finance institutions (Methodology). The findings indicate that artificial intelligence and big data enhance zakat management by enabling data-driven decision making, predictive analytics, automated beneficiary verification, and real-time reporting, which improve collection performance, targeting accuracy, operational efficiency, and transparency in Islamic finance–based zakat institutions (Results). From a theoretical perspective, this study contributes to zakat management and Islamic finance literature by integrating artificial intelligence, big data, and sharia compliance into governance, accountability, and ethical decision-making frameworks (Theoretical implication). Practically, the study shows that zakat institutions can leverage artificial intelligence and big data to strengthen public trust and governance in zakat management, while addressing challenges related to regulation, data privacy, cybersecurity, algorithmic bias, implementation costs, and sharia compliance through instruments such as blockchain (Practical implication).
عقد المضاربة في التأمين الشرعي من منظور الفقه الإسلامي والقانون الاندنوسية: دراسة فقهية قانونية مقارنة: Mudarabah Contract in Islamic Insurance: A Comparative Study of Islamic Jurisprudence and Indonesian Law Yudhatama, Muhammad Zacky; Abdul Hadi, Ahmad
Indonesian Journal of Islamic Economic Law Vol. 3 No. 1 (2026): Indonesian Journal of Islamic Economic Law
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/ijoel.v3i1.13931

Abstract

This study examines the Mudarabah contract as a key Sharia-based investment tool and assesses its suitability as a contractual model for Islamic insurance (ta’min shar‘i). It aims to offer a Sharia-compliant alternative to conventional insurance, which often entails prohibited elements such as gharar (excessive uncertainty), riba (usury), and maysir (gambling). The research investigates the foundational principles, pillars, and conditions of the Mudarabah contract, exploring how it can be adapted to align with the characteristics of Islamic insurance contracts. Additionally, a comparative analysis is conducted between Islamic jurisprudence and positive law governing Islamic insurance, focusing on fund management, profit and loss distribution, and contractual obligations. Findings show that the Mudarabah contract can promote contractual fairness and enhance trust between parties if Sharia principles are consistently observed. There is partial alignment between provisions of Islamic jurisprudence and positive law; however, legislative reforms are needed for complete harmony with Sharia. The model supports the maqasid al-shariah objectives, including the protection of wealth, justice, and the prevention of harm. It addresses critical issues such as participant fund management, profit-loss sharing, and enforcement of contractual rights. This research contributes significantly to the literature on Sharia-based investment contracts and opens opportunities to develop diverse, competitive, and ethically sound Islamic insurance products. By integrating Islamic jurisprudential insights with contemporary legal frameworks and market demands, the Mudarabah contract can serve as an effective contractual model that meets Sharia requirements while adapting to the modern financial industry.

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