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Et-Tijarie: Jurnal Hukum dan Bisnis Syariah
Published by Universitas Trunojoyo Madura
ISSN : 24422932     EISSN : 25496794     DOI : -
Core Subject : Economy, Education, Social,
Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences Other
Et-Tijarie merupakan salah satu jurnal ilmiah yang diterbitkan oleh Program Studi Hukum Bisnis Syariah, Fakultas Keislaman, Universitas Trunojoyo Madura. Jurnal ini terbit dua kali dalam setahun, yaitu; bulan Januari-Juni dan bulan Juli-Desember. Terdaftar dengan Nomor ISSN: 2442-2932 dan E-ISSN: 2549-6794.
Arjuna Subject : -
Articles 75 Documents
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Review of Sharia Economic Law on the Practice of Buying and Selling Non-Fungible Tokens That Others Represent Property Rights in the Curate Application Khoirul Umam; M. Ridlwan Hambali; Dery Ariswanto
Et-Tijarie Vol 10, No 1: Juni 2025
Publisher : Universitas Trunojoyo Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ete.v10i1.30755

Abstract

Curate is one of the buying and selling applications for non-fungible tokens that is popular among non-fungible token artist lovers. The shortcomings contained in the Curate application are used by unscrupulous application users to sell non-fungible tokens, which, of course, can harm others. The purpose of this research is to find out the practice of selling non-fungible tokens not belonging to the Online Market Curate and the review of sharia economic law on the sale of non-fungible tokens not belonging to the Online Market Curate. This type of research is field research. Sources of data in this study include primary data derived from interviews and observations, while secondary data comes from books, fiqh books, journals, and the internet. The data collection method of this research was obtained from interviews, observations, and documentation. The data obtained is processed using a descriptive analytical method using a qualitative approach based on sharia economic law theory. Based on the results of the study, it can be concluded that the motive for selling non-owned non-fungible tokens is based on the absence of strict regulations and the absence of sanctions given. The review of sharia economic law on the sale of non-owned non-fungible tokens on the Curate Online Market is prohibited sales because it does not meet the terms and conditions of bai', namely the item has a status in ownership other than the seller, as well as prohibited sales because there are other factors that harm the parties involved, namely selling booty or stolen goods.
Implementation of Imam Al-Shaṭibi’s Maqaṣid al-Shariah in the Development of Intellectual Property Rights Waqf Policies Syaiful Anam
Et-Tijarie Vol 10, No 2: Desember 2025
Publisher : Universitas Trunojoyo Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ete.v10i2.32429

Abstract

This study aims to elaborate the implementation of Imam al-Shaṭibi’s maqaṣid al-shariah in formulating policies related to the waqf of Intellectual Property Rights (IPR). Although Law Number 41 of 2004 on Waqf recognizes IPR as a legitimate waqf object, no technical regulations have been established to ensure its implementation. As a result, the potential of IPR waqf has not been optimally realized as an instrument for empowering the Muslim community. This research employs a qualitative normative method through a comprehensive literature review. The findings reveal that IPR waqf policies must be grounded in the principles of ḥifẓ al-māl, ḥifẓ al-ʿaql, and ḥifẓ al-dīn in order to ensure sustainability of benefits, legal certainty, and long-term public welfare. Thus, al-Shaṭibi’s maqaṣid al-shariah serves as a pivotal paradigm in designing IPR-based waqf policies within the contemporary legal framework.Keywords: Maqāṣid al-sharīʿah, al-Shāṭibī, intellectual property rights, policy development
Muslim Consumer Behavior Towards Purchasing Food and Beverage Produtcs Without a Halal Label Irmadatus Sholekhah; Dibyo Waskito Guntoro; Dwi Herlindawati
Et-Tijarie Vol 11, No 1: Juni 2026
Publisher : Universitas Trunojoyo Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ete.v11i1.34451

Abstract

The expansion of food and beverage products without halal labels in Indonesia poses challenges for the country's Muslim-majority population, as Islamic law requires the consumption of halal products. This qualitative study explores the purchasing decisions of Muslim consumers toward non-halal-labeled products. Using a descriptive qualitative approach, data were collected through in-depth interviews with 14 Muslim consumers in Jember Regency, East Java, selected through snowball sampling. The qualitative approach was employed to capture the contextual factors and subjective considerations underlying consumers' decisions. The findings reveal a gap between consumers' awareness of the importance of halal certification and their actual purchasing behavior. Despite recognizing the halal label as an important indicator of religious compliance, many respondents continue to purchase non-labeled products based on trust in the product's ingredients, brand reputation, manufacturer, and assumptions of inherent halalness. Purchasing decisions are also influenced by social recommendations, urgent situations, and sensory factors such as taste and product popularity. In the absence of halal certification, consumers frequently rely on alternative indicators, including the producer's Muslim identity, product origin, and word-of-mouth information, to assess halal status. These findings highlight the complexity of Muslim consumer behavior and provide insights for policymakers and businesses in strengthening halal assurance and consumer trust.
Wanprestasi in the Murabahah Agreement: Juridical Analysis of Decision Number 1/Pdt.G.S/2022/PA. At the Religious Court of Appeal Nurhisna Nurhisna; Mohammad Hipni; Busro Karim
Et-Tijarie Vol 11, No 1: Juni 2026
Publisher : Universitas Trunojoyo Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ete.v11i1.34380

Abstract

This study examines the judicial reasoning underlying the resolution of a sharia economic dispute concerning breach of contract in a murabahah financing agreement, as reflected in Decision Number 1/Pdt.G.S/2022/PA.At. The research employs a normative juridical method using statutory and case approaches. Primary legal materials consist of the court decision and relevant Indonesian regulations governing Islamic finance, while secondary materials include scholarly literature on contract and Islamic commercial law. The findings reveal that the court declared the murabahah agreement legally valid and binding because it fulfilled both statutory requirements and sharia principles. The defendant was found to have committed a default by failing to perform contractual obligations despite prior warnings. The judgment demonstrates the integration of Indonesian civil law and Islamic legal principles, particularly pacta sunt servanda and al-wafā’ bi al-'uqūd (the obligation to honor contracts), in ensuring legal certainty and contractual justice. Furthermore, the decision illustrates that the enforcement of collateral constitutes a legitimate legal remedy in resolving Islamic financing disputes when conducted in accordance with contractual provisions and applicable legislation. The ruling reinforces the principles of legal certainty, fairness, and the protection of parties' rights within Indonesia's sharia economic dispute resolution system
Maqāṣid al-Sharī'ah's Criticism of the Practice of Hybrid Contracts in Islamic Financial Institutions in Indonesia Abd Rohman; Ach Mus'if; Khoirun Nasik; Indien Winarwati; Dwi Fidhayanti
Et-Tijarie Vol 11, No 1: Juni 2026
Publisher : Universitas Trunojoyo Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ete.v11i1.35350

Abstract

The rapid development of Islamic financial products in Indonesia has increased the use of hybrid contracts (al-'uqūd al-murakkabah), raising concerns over their conformity with the substantive objectives of Islamic law. This study aims to analyze the implementation of hybrid contracts in Islamic financial institutions from the perspective of maqāṣid al-sharī'ah and to formulate a reconstruction of their conceptual framework. This research employs a qualitative approach with a normative-critical method. Data were collected through a literature review of classical Islamic legal sources, contemporary scholarly publications, and relevant Indonesian regulations governing Islamic finance. The findings reveal that the implementation of hybrid contracts remains predominantly driven by a legal-formal approach, emphasizing contractual validity rather than the realization of maqāṣid al-sharī'ah. In many cases, the contractual structures closely resemble conventional financial mechanisms and potentially constitute ḥīlah (legal stratagems), thereby weakening the principles of justice, transparency, and social welfare. The study argues that the current practice has not fully achieved the objectives of Islamic finance, particularly in promoting distributive justice and public benefit (maṣlaḥah). Accordingly, it proposes a maqāṣid-based reconstruction of hybrid contracts that prioritizes substantive justice, transparency, and welfare-oriented financial practices

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