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Abdul Kodir Alhamdani
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MUAMALAH: Journal of Islamic Economics and Business Law
Published by Penerbit Lestari Sakha Pustaka
ISSN : -     EISSN : 31634915     DOI : https://doi.org/10.5281/zenodo.21457004
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MUAMALAH: Journal of Islamic Economics and Business Law (E-ISSN 3163-4915) is a high-quality open access peer-reviewed research journal published by the Penerbit Lestari Sakha Pustaka, West Java, Indonesia. Aiming to communicate original research and relevant current issues, this journal regularly publishes articles and research reports twice a year every April and October. The editors receive scientific articles in the form of conceptual script or unpublished research results or other scientific publications related to Economic and law themes which cover Syariah law, Islamic Economics, Finance, Marketing, Economics, Islamic Economics, also Behavioral Economics, and Management Sharia law, Management, Management of sharia, Sharia Bussines Management, Human Resource Management, Economics Creatif, Economics Education, Islamic Economic Development. This journal warmly welcomes contributions from scholars with related disciplines. Novelty and recency of issues, however, are the priority in publishing.
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Articles 5 Documents
 1 
Analisis Yuridis Perlindungan Nasabah Bank Syariah dalam Menghadapi Kejahatan Phishing: Tinjauan Literatur antara Hukum Positif dan Fikih Muamalah Fajar Akbar Ramadhan; Syifa Febriana Nurul Wildain
MUAMALAH: Journal of Islamic Economics and Business Law Vol 1 No 1 (2026): MUAMALAH: Journal of Islamic Economics and Business Law (April)
Publisher : Penerbit Lestari Sakha Pustaka

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Abstract

The digital transformation of Islamic banking brings the consequence of increased cybercrime risks, particularly phishing. Legal issues arise when customers suffer financial losses due to the submission of One-Time Passwords (OTP) under psychological manipulation. This study aims to analyze the legal protection construction for phishing victims from the perspectives of Indonesian Positive Law and Fiqh Muamalah (Islamic Commercial Jurisprudence), and to formulate a fair liability concept. This research is a normative juridical study utilizing statutory and comparative approaches. The results indicate a dualism in legal protection. Positive Law, through the ITE Law (Electronic Information and Transactions Law), tends to place customers in a vulnerable position by citing user negligence when credentials are compromised, which often voids the bank's liability. Conversely, Fiqh Muamalah, through the Wadiah Yad Dhaman contract, positions the bank as a guarantor (dhamin) with strict liability for customer funds, unless gross negligence (tafrith) or violation of sharia principles is proven. This study concludes that the definition of negligence needs reconstruction. Customer ignorance regarding sophisticated social engineering modes cannot be equated with negligence. This article recommends the implementation of Shared Responsibility principles and a shifted burden of proof, where banks must prove the reliability of their fraud detection systems before attributing losses to customers.
Dialektika Penafsiran Ayat Riba antara Tafsir Al-Jassas dan Tafsir Al-Azhar: Implikasi terhadap Status Bunga Bank Junaedi Akbar; Desi Cahya Anggraeni
MUAMALAH: Journal of Islamic Economics and Business Law Vol 1 No 1 (2026): MUAMALAH: Journal of Islamic Economics and Business Law (April)
Publisher : Penerbit Lestari Sakha Pustaka

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Abstract

The theological debate regarding the equivalence of riba and bank interest remains a central unresolved issue in Islamic economic law. This study aims to analyze the dialectic interpretation of riba verses between two scholars from different eras and backgrounds: Abu Bakar Al-Jassas in Ahkam al-Qur'an and Buya Hamka in Tafsir Al-Azhar, and its implications for the legal status of contemporary bank interest. Using a qualitative method with a library research approach and comparative analysis (tafsir muqaran), this study dissects the legal deduction methodology of both scholars in formulating the 'illat (legal ratio) of the prohibition of riba. The results indicate a sharp epistemological divergence. Al-Jassas, representing the classical legal-formal paradigm, defines riba textually as any stipulated addition (az-ziyadah al-masyruuthah). Consequently, he views the prohibition as absolute (ta'abbudi) regardless of the loan purpose, rendering bank interest totally forbidden (haram). Conversely, Buya Hamka, representing the modern socio-ethical paradigm, emphasizes injustice (dzulm) and exploitation as the substance of riba. Hamka distinguishes between exploitative consumptive loans and productive banking loans, thus placing state bank interest in the realm of syubhat or permissible due to development emergencies (dharurah). The study concludes that the difference in the legal status of bank interest is rooted in the tension between static text (Al-Jassas) and dynamic context (Hamka). The implication is that while Al-Jassas's conservative view is theologically safer, Hamka's moderation provides a realistic foundation for the economic transition of the Ummah. This study recommends strengthening the Islamic banking system as the final solution to invalidate the emergency argument.
Dinamika Pemikiran Ekonomi Islam di Indonesia: Menakar Prinsip Bisnis dalam Pemikiran Adiwarman Karim dan Dawam Rahardjo Fauzi Abdul Azis; Syahrial
MUAMALAH: Journal of Islamic Economics and Business Law Vol 1 No 1 (2026): MUAMALAH: Journal of Islamic Economics and Business Law (April)
Publisher : Penerbit Lestari Sakha Pustaka

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Abstract

The rapid growth of the Islamic economic industry in Indonesia has often been met with academic criticism regarding the imbalance between legal formality and the substance of social justice. This study aims to analyze this dynamic by comparing the construction of business principles from two of the most influential Islamic economic thinkers in Indonesia: Adiwarman Azwar Karim and M. Dawam Rahardjo. Using qualitative methods with a library research approach and content analysis, this study examines the primary works of both figures to map their epistemology, main principles, and business orientation. The results show significant paradigmatic differences. Adiwarman Karim represents a legal-formal approach that emphasizes the validity of contracts, the prohibition of MAGHRIB (Maysir, Gharar, Riba), and the concept of Economic Value of Time. His approach is top-down, focusing on strengthening financial institutions and Sharia compliance. In contrast, M. Dawam Rahardjo promotes a substantive-philosophical approach based on the Social and Economic Monotheism of the Constitution. For Rahardjo, business principles must be bottom-up, with an orientation toward empowering the people's economy, anti-monopoly, and distributive justice, transcending mere sharia labels. This study concludes that the tension between Karim's formalism and Rahardjo's substantialism is not a mutually exclusive conflict, but rather a complementary spectrum. Indonesia's Islamic economic ecosystem requires a synthesis of both: Karim's thinking is necessary to build the operational foundation and legal certainty of the industry, while Rahardjo's thinking is crucial as a moral compass to prevent business practices from becoming trapped in peci-wearing capitalism. This synthesis is an absolute prerequisite for the development of contemporary business models that are both professional and socially impactful.
Kontekstualisasi Gharar di Era Digital: Tinjauan Fikih Muamalah terhadap Validitas Objek Akad (Ma'qud 'Alaih) pada E-Commerce Aat Supriatna; Abdul Gofur
MUAMALAH: Journal of Islamic Economics and Business Law Vol 1 No 1 (2026): MUAMALAH: Journal of Islamic Economics and Business Law (April)
Publisher : Penerbit Lestari Sakha Pustaka

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Abstract

The rapid growth of the e-commerce ecosystem in Indonesia has fundamentally changed muamalah interactions from face-to-face patterns (mujwajahah) to virtual transactions without physical boundaries. However, this transformation leaves crucial Islamic legal issues, particularly regarding the physical absence of the contract object (ma'qud 'alaih) during the transaction. In classical fiqh discourse, the absence of the object (ghayb al-majlis) is often associated with gharar (uncertainty), which can invalidate the contract due to the high potential for fraud and information asymmetry. This study aims to reconstruct the concept of gharar in the context of the digital economy and formulate validity parameters for contract objects on e-commerce platforms based on contemporary Fiqh Muamalah perspectives. The method employed is normative legal research (juridical-normative) with a qualitative approach. The author collects data through library research on cross-madhhab classical books (turats), DSN-MUI fatwas, and marketplace regulations, which are then analyzed using content analysis techniques and the qiyas (analogy) method. The results indicate an epistemological shift in interpreting contract validity requirements. First, the concept of "seeing" (ru'yah) in the digital era has undergone an extensification of meaning; it is no longer limited to visual physical contact but transforms into ma'lum as-sifat (knowing the attributes) through specification descriptions, high-resolution photos, and demonstration videos. Second, the digital display mechanism has a legal basis equivalent to the Salam contract (forward sale), where the absence of goods is tolerated as long as the criteria are measurable (awshaf munbadhitah). The study concludes that contract objects in e-commerce are valid (sah) and free from gharar fahish (major uncertainty), provided they meet the principle of information adequacy. This validity is further reinforced by the integration of the return policy feature as a modern form of khiyar syarat and khiyar 'aib, which functions to protect consumer assets (hifz al-mal) from losses due to product discrepancies.
Analisis Multi Akad (Al-Uqud al-Murakkabah) terhadap Penggabungan Akad Musyarakah Mutanaqisah dan Ijarah pada KPR Syariah Cucu Juhana; Encum Sumirah
MUAMALAH: Journal of Islamic Economics and Business Law Vol 1 No 1 (2026): MUAMALAH: Journal of Islamic Economics and Business Law (April)
Publisher : Penerbit Lestari Sakha Pustaka

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Abstract

The Islamic banking industry in Indonesia is currently shifting its trend in Home Ownership Financing (KPR) products from the dominance of Murabahah contracts to the Musyarakah Mutanaqisah (MMQ) scheme, which is considered to better reflect the principle of equity-based financing. However, the implementation of MMQ presents juridical complexities as its structure is not a single contract, but rather an Al-Uqud al-Murakkabah (hybrid contract) construction combining Syirkah, Ijarah, and Bai’ into one scheme. This amalgamation triggers polemics regarding potential violations of the prohibition of Bai'atain fi Bai'ah (two transactions in one contract) and the existence of ta'alluq (interdependence) elements that could undermine the contract's validity. Another crucial issue is the potential for gharar (uncertainty) in fluctuating rental pricing and the risk of confusion between rental payments and principal repayment, leading to Riba Fadhl. This study aims to analyze the legal standing of contract amalgamation in MMQ and formulate sharia parameters distinguishing valid innovation from invalid manipulation. This is a juridical-normative research employing conceptual and comparative approaches. The analysis juxtaposes classical fiqh literature specifically Ibn Taimiyah's views on freedom of contract with the positive regulation of DSN-MUI Fatwa No. 73/DSN-MUI/XI/2008. The results conclude that the MMQ construction is categorized as Al-Uqud al-Murakkabah al-Jaizah (permissible). This validity stands because each constituent contract fulfills its pillars and conditions independently and shares harmonious objectives (muqtadha al-aqd). The ta'alluq issue is resolved through the Wa’ad (unilateral promise) mechanism, which bridges the separation between the lease contract and the purchase commitment, thereby preserving the principle of luzum. Nevertheless, this study recommends that Islamic banks reform transparency by explicitly separating the ujrah (benefit cost) portion and the buyu' (ownership transfer) portion in the customer's installment table. This transparency is absolute to ensure MMQ functions as a truly sharia-compliant asset ownership instrument, not merely a replication of conventional loan interest payments.

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