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Contact Name
Fajar
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fajar@trunojoyo.ac.id
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INDONESIA
Et-Tijarie: Jurnal Hukum dan Bisnis Syariah
ISSN : 24422932     EISSN : 25496794     DOI : -
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 72 Documents
Review of Sharia Economic Law on the Practice of Buying and Selling Non-Fungible Tokens That Others Represent Property Rights in the Curate Application Umam, Khoirul; Hambali, M. Ridlwan; Ariswanto, Dery
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 Anam, Syaiful
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