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Journal Of Legal Sustainability (JOLS)
Published by EL-EMIR INSTITUTE
ISSN : 30628792     EISSN : 30627184     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Journal Of Legal Sustainability (JOLS) is published by the EL-EMIR Institute in helping academics, researchers, and practitioners to disseminate their research results. JOLS is a blind peer-reviewed journal dedicated to publishing quality research results in the fields of Civil Law, Economic Law, Criminal Law, Constitutional Law, State Administrative Law, International Law, Environmental Law, Islamic Law, Agrarian Law, Law Civil Procedure, Criminal Procedure Law, Administrative Procedure Law and other fields related to Legal Studies. All publications in the JOLS are open access which allows articles to be available online for free without any subscription. JOLS is a national journal with e-ISSN: 3062-7184, and is free of charge in the submission process and review process. Journal of Legal Sustainability publishes articles periodically twice a year, in March, June, September and December. JOLS uses Turnitin plagiarism checks, Mendeley for reference management and supported by Crossref (DOI) for identification of scientific paper.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
 1 
Search results for , issue "Vol. 2 No. 3 (2025): September 2025" : 5 Documents clear
Analisis Hukum Islam terhadap Praktek Jual Beli Online Tanpa Kepemilikan Barang (Drop Shipping) Winario, Mohd; Kamalin, Muhammad
Journal of Legal Sustainability Vol. 2 No. 3 (2025): September 2025
Publisher : EL-EMIR Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63477/jols.v2i3.360

Abstract

This study aims to analyze the practice of online buying and selling without ownership of goods (drop shipping) from the perspective of Islamic law. The main focus of this research is to assess the validity of contracts and ownership status in transactions conducted by business actors who do not directly own, control, or store the goods being sold. The research method used is qualitative with a normative-juridical approach, by reviewing secondary data in the form of classical and contemporary fiqh literature, fatwas of Islamic scholars, as well as regulations governing electronic commerce (e-commerce). The analytical technique used is descriptive-analytical, examining the compatibility of drop shipping practices with the principles of Islamic commercial law (muamalah). The results of the study indicate that drop shipping is permissible in Islam under certain key conditions, including transparency in the contract, absence of deceit or uncertainty (gharar), and the obligation of the seller to disclose that the product is shipped directly by a third party. If these conditions are met, the practice can be categorized as a valid wakalah bil ujrah or salam contract under Islamic law. Conversely, if there is any ambiguity or manipulation of information, the transaction may be considered impermissible (haram) or invalid.
Konsep Keadilan dalam Hukum Islam: Kajian Normatif dan Aplikatif Kamalin, Muhammad; Winario, Mohd; Rafiqoh, Lailan
Journal of Legal Sustainability Vol. 2 No. 3 (2025): September 2025
Publisher : EL-EMIR Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63477/jols.v2i3.361

Abstract

This study aims to comprehensively analyze the concept of justice in Islamic law from both normative and applicative perspectives, by examining how these justice values are implemented in contemporary legal practices. From the normative perspective, this research explores the primary sources of Islamic teachings such as the Qur’an, Hadith, ijma’, qiyas, as well as the views of classical and modern scholars, which explain the fundamental principle of justice as an integral part of maqashid al-shariah. Meanwhile, from the applicative perspective, this study examines the implementation of justice principles within the Sharia judicial system in several countries, both those that adopt Islamic law as the main legal foundation and those that integrate it partially into their national legal systems. The research method employed is library research with a normative qualitative approach that combines content analysis and comparative study of various literature and legal documents. The findings indicate that justice in Islamic law is not only understood as the imposition of proportional punishment (retributive), but also includes efforts toward restoration (restorative) and prevention (preventive) in order to uphold public interest, protect individual rights, and achieve social balance. However, the application of the concept of justice in modern contexts still faces challenges, particularly in terms of legal interpretation and the process of harmonizing Islamic law with positive legal systems in various Muslim-majority countries.
Analisis Hukum Islam tentang Penerapan Khiyar dalam Transaksi Jual Beli Modern Khairi, Rifqil; Zakir, Muhammad; Assyifa, Zubaidah; Rahmawati, Rahmawati
Journal of Legal Sustainability Vol. 2 No. 3 (2025): September 2025
Publisher : EL-EMIR Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63477/jols.v2i3.362

Abstract

This study aims to analyze the application of the concept of khiyar in modern sales transactions, particularly in the context of online trade and digital sales systems that are rapidly evolving today. The concept of khiyar in Islamic law grants both the seller and the buyer the right to proceed with or cancel the contract under certain conditions in order to uphold justice and prevent practices that may harm either party. The research method used is a qualitative approach with a normative juridical analysis, examining Islamic legal sources such as the Qur'an, Hadith, and classical as well as contemporary fiqh muamalah literature, and comparing them with the practices of modern sales transactions, including return policies, warranty systems, and consumer protection mechanisms in e-commerce. The findings indicate that the principle of khiyar has been substantially implemented in various modern transaction features, such as return policies, trial periods, and customer complaint systems. However, its implementation has not fully aligned with the principles of fiqh muamalah due to the presence of elements of uncertainty (gharar) and injustice in several digital trade practices. Therefore, education and regulatory strengthening based on Sharia principles are required to ensure that the application of khiyar rights provides fair protection for both consumers and business actors in accordance with the values of Islamic law.
Perbandingan Antara Hukum Islam dan Hukum Positif dalam Masalah Perdata Herlina, Herlina; Sumanto, Dedi; Sehoni, Sehoni
Journal of Legal Sustainability Vol. 2 No. 3 (2025): September 2025
Publisher : EL-EMIR Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63477/jols.v2i3.363

Abstract

This study aims to analyze the application of the concept of khiyar (option) in modern sales transactions, particularly within the context of online commerce and the rapidly growing digital sales systems today. The concept of khiyar in Islamic law grants both sellers and buyers the right to choose to continue or cancel a contract under certain conditions to maintain justice and prevent practices that harm either party. The research method employed is a qualitative approach with normative juridical analysis, examining Islamic legal sources such as the Qur’an, Hadith, and classical as well as contemporary fiqh muamalah literature, alongside a comparison with modern sales practices, including return policies, warranty systems, and consumer protection in e-commerce. The study’s findings show that the principle of khiyar has been substantially implemented in various features of modern transactions, such as product return rights, trial periods, and customer complaint systems. However, these implementations are not yet fully aligned with the rules of fiqh muamalah, as some digital trade practices still contain elements of uncertainty (gharar) and injustice. Therefore, education and strengthening of sharia-based regulations are necessary to ensure that the exercise of khiyar rights provides fair protection for consumers and business actors in accordance with the values of Islamic law.
Analisis Hukum Jual Beli Salam dalam Perspektif Imam Syafii Zakir, Muhammad; Winario, Mohd; Paisal, Paisal
Journal of Legal Sustainability Vol. 2 No. 3 (2025): September 2025
Publisher : EL-EMIR Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63477/jols.v2i3.372

Abstract

This study aims to analyze the law of salam sale contracts from the perspective of Imam al-Shafi‘i and to evaluate their relevance to contemporary muamalah (Islamic commercial practices). Salam sale is a form of contract in which payment is made in advance, while the goods are delivered later according to agreed specifications. In the Shafi‘i school of thought, this contract is permitted even though the goods do not yet exist at the time of the agreement, as it is supported by shar‘i evidence and fulfills the practical needs of society in economic activities. The method used in this study is library research with a qualitative approach, analyzing primary sources such as al-Umm by Imam al-Shafi‘i and other fiqh books from the Shafi‘i school, as well as secondary literature from contemporary scholars and academics. The results show that salam sale is permissible according to Imam al-Shafi‘i under specific conditions: full payment must be made at the time of the contract, the goods must have clear, measurable, and mutually known specifications, and the time and place of delivery must be precisely determined. These provisions are intended to avoid elements of gharar (uncertainty) and potential disputes. The study concludes that salam sale remains highly relevant in the modern Islamic economic system, particularly in pre-order schemes, agricultural contracts, and financing in the production sector based on sharia principles.

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