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Al-Mustashfa
Published by Universitas Islam Negeri Siber Syekh Nurjati Cirebon
ISSN : -     EISSN : -     DOI : -
Core Subject : Economy, Social,
Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice
Arjuna Subject : -
Articles 237 Documents
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Legal Maxims in Sharia Economic Law: Epistemology and Methodological Roles of Qawāʿid al-Fiqhiyyah Mualim, Mualim; Saebani, Beni Ahmad; Naufal, Aulia
Al-Mustashfa: Jurnal Penelitian Hukum Ekonomi Syariah Vol 10, No 2 (2025)
Publisher : UIN Siber Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/jm.v10i2.22268

Abstract

Abstract     The rapid development of the Islamic economic system in Indonesia has highlighted the urgency of a solid legal framework, particularly through the application of Islamic legal maxims (Qawāʿid al-Fiqhiyyah). This study aims to analyze the concept, epistemology, and implementation of legal maxims within Sharia economic law. Using a qualitative descriptive approach through library research and normative juridical analysis, the study examines primary sources such as the Qur’an, Sunnah, juristic consensus, and classical as well as contemporary scholarly works. The findings reveal that Qawāʿid al-Fiqhiyyah function as an epistemic tool that bridges normative texts and contemporary economic practices, offering methodological flexibility to address modern financial transactions. The discussion demonstrates their practical application in Islamic financial contracts, fatwa formulation by the National Sharia Council (DSN-MUI), and judicial considerations in Sharia Economic Courts. This study concludes that legal maxims are not merely theoretical constructs but a vital epistemological foundation for developing adaptive, contextual, and solution-oriented Sharia economic law in line with maqāṣid al-sharīʿah.  Keywords: Islamic Economic Law; Qawāʿid al-Fiqhiyyah; Islamic Legal Epistemology; Islamic Economics; Contemporary Sharia Regulation. 
Revitalizing the Indonesian Ulema Council’s Fatwa on the Protection of Intellectual Property Rights Giyono, Urip; Khoirudin, Ahmad; Bahumid, Saleh Abdul Qader Ali
Al-Mustashfa: Jurnal Penelitian Hukum Ekonomi Syariah Vol 10, No 2 (2025)
Publisher : UIN Siber Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/jm.v10i2.22186

Abstract

Intellectual Property Rights (IPR) protection in Indonesia is largely operationalized through conventional statutory instruments. Since 2005, however, the Indonesian Ulema Council (MUI) has issued Fatwa No. 1/MUNAS VII/MUI/5/2005, which frames IPR infringement as an act of ẓulm and deems it ḥarām. This article examines the fatwa’s continuing relevance within Indonesia’s contemporary IPR regulatory landscape and identifies pathways to enhance its practical effectiveness as a normative complement to state-driven protection and enforcement. The study employs doctrinal (normative-juridical) research grounded in pragmatic truth theory and deductive reasoning. Legal materials are collected through library research and analyzed qualitatively using a conceptual approach to connect Sharia-ethical reasoning with positive-law structures. The findings show that legislative reforms across key IPR regimes have created misalignments between the fatwa’s statutory references and the current legal framework, thereby weakening its legal-formal coherence. The analysis further indicates that the fatwa would be more effective if its prohibitions and categories are reformulated using nomenclature corresponding to the KUHP and/or KUHPerdata and explicitly linked to existing administrative, civil, and criminal enforcement mechanisms within Indonesia’s national legal system.Keywords: intellectual property rights; MUI fatwa; revitalization; legal nomenclature; law enforcement
Satisfaction-Mediated Effects of Halal Label, Product Quality, and Islamic Service on Customer Loyalty: Maqasid-Shariah Perspective Fauzah, Nur Muammalatul; Makhtum, Ahmad
Al-Mustashfa: Jurnal Penelitian Hukum Ekonomi Syariah Vol 10, No 2 (2025)
Publisher : UIN Siber Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/jm.v10i2.22250

Abstract

The rapid expansion of Indonesia’s halal food industry highlights the need to understand how halal compliance, product performance, and Islamic ethical values shape consumer behavior, particularly among Generation Z. This study examines the direct and indirect effects of Halal Labeling, Product Quality, and Islamic Service on Customer Satisfaction and Customer Loyalty at Richeese Factory Indonesia, employing a mixed methods sequential explanatory design. The quantitative phase involved 100 Generation Z respondents in East Java selected through purposive sampling, with data analyzed using validity and reliability testing, classical assumption tests, multiple linear regression, and the Sobel test. The results indicate that Product Quality and Islamic Service significantly influence Customer Satisfaction, whereas Halal Labeling does not. Customer Satisfaction significantly enhances Customer Loyalty and mediates the effects of Product Quality and Islamic Service but does not mediate the influence of Halal Labeling. The qualitative interpretation, guided by maqāṣid al-sharī‘ah, reveals that while halal certification fulfills ḥifẓ al-dīn and is legally mandated by the Halal Product Assurance Law (UU No. 33/2014), loyalty is primarily shaped through ṭayyib product quality (ḥifẓ al-nafs) and ethical service practices (ḥifẓ al-māl). The study underscores the need for integrative halal management that aligns regulatory compliance with experiential value to foster sustainable consumer loyalty.Keywords: Customer Loyalty; Customer Satisfaction; Halal Label; Islamic Services; Product Quality
Revitalizing Agricultural Waqf for Sustainable Food Security: A Comparative Study of Indonesia and Turkey Muizz, Abdul; Kassim, Salina; Noordin, Nazrul Hazizi
Al-Mustashfa: Jurnal Penelitian Hukum Ekonomi Syariah Vol 10, No 2 (2025)
Publisher : UIN Siber Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/jm.v10i2.22151

Abstract

Agricultural waqf represents a strategic instrument of Islamic social finance with the potential to support sustainable food security through asset-based and risk-sharing mechanisms. This study aims to analyze and compare agricultural waqf models in Indonesia and Türkiye, focusing on institutional governance, integration with Islamic finance, and their implications for food security outcomes. Using a qualitative comparative case-study approach, the research draws on document analysis, regulatory review, and semi-structured interviews with waqf stakeholders in both countries. The findings reveal that the effectiveness and scalability of agricultural waqf are determined less by land availability than by institutional quality, particularly nazhir professionalism, regulatory coherence, and state–market coordination. Indonesia’s agricultural waqf remains fragmented, characterized by weak documentation, limited financial integration, and reliance on voluntary management, while Türkiye demonstrates a more standardized and centralized governance legacy rooted in Ottoman waqf institutions. The study further finds that productive agricultural waqf requires a full-cycle financing architecture, in which zakat provides initial de-risking support, waqf functions as an asset-based risk absorber, and Islamic commercial finance supplies profit-sharing working capital through Shariah-compliant contracts such as muzāra‘ah and ijārah. Evaluated through the lens of maqāṣid al-sharī‘ah, particularly ḥifẓ al-nafs and ḥifẓ al-māl, agricultural waqf can contribute to sustainable food security when embedded within integrated value chains and outcome-oriented governance frameworks aligned with SDG 2.Keywords: agricultural waqf; sustainable food security; Islamic social finance; maqāṣid al-sharī‘ah; Indonesia–Türkiye comparison
Profit-Sharing Practices in Catfish Farming: An Islamic Economic Law Analysis in South Sumatra Indonesia Awalia, Silvia Ayu; Edi, Relit Nur; Khulwah, Juhratul
Al-Mustashfa: Jurnal Penelitian Hukum Ekonomi Syariah Vol 10, No 2 (2025)
Publisher : UIN Siber Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/jm.v10i2.22240

Abstract

This study analyzes profit-sharing practices in catfish farming in Srikaton Village, Buay Madang Timur District, East Ogan Komering Ulu Regency, South Sumatra, from the perspective of Islamic economic law. The main objective of this research is to examine the conformity of existing profit-sharing mechanisms with the principles of mudharabah as regulated in Islamic jurisprudence and sharia economic regulations. This research employs a qualitative field research approach using participatory observation, in-depth interviews, and document analysis. Data were collected from key informants consisting of capital owners, pond managers, and religious figures, and were analyzed using the Miles and Huberman interactive model. The findings indicate that profit-sharing practices in catfish farming are generally based on verbal agreements without written contracts, resulting in unclear contractual terms, limited cost transparency, and unilateral changes in profit-sharing ratios at the end of the production cycle. These practices do not fully comply with the fundamental principles of mudharabah, particularly contractual clarity, transparency (al-shafāfiyyah), and justice (al-‘adl). Changes in profit-sharing ratios without prior mutual consent potentially lead to injustice and undermine trust between the contracting parties. This study contributes to Islamic economic law by providing empirical evidence from the fisheries sector and highlighting the importance of formalized mudharabah contracts in rural economic activities. It recommends the implementation of written agreements, full cost transparency, and periodic review mechanisms to ensure fairness, legal certainty, and the sustainability of profit-sharing partnerships in accordance with sharia principles.Keywords: profit-sharing; catfish farming; Islamic economic law; mudharabah; transparency
Strategic Mapping of Sharia Fintech Development in Indonesia: A SWOT-Based Analysis Siregar, Luthfi Hidayat; Siregar, Saparuddin; Syahbudi, Muhammad
Al-Mustashfa: Jurnal Penelitian Hukum Ekonomi Syariah Vol 10, No 2 (2025)
Publisher : UIN Siber Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/jm.v10i2.22811

Abstract

This study examines sharia fintech development in Medan City, Indonesia, amid growing fintech adoption and persistent concerns about literacy, trust, and cybersecurity in urban financial ecosystems. Using a qualitative descriptive design with SWOT scoring, data were collected from 25 purposively selected informants (academics, active users, and sharia fintech practitioners) through open-ended questionnaires and semi-structured interviews, supported by document and literature review. Findings from the IFAS/IFE and EFAS/EFE matrices indicate a supportive internal environment (IFAS = 3.000000) and a favorable external environment (EFAS = 3.543854), positioning Medan in Cell I of the IE matrix (Growth). Key strengths center on perceived sharia compliance and the availability of sharia-based digital financial products, while major constraints include weak regulatory socialization, low public literacy, and uneven IT infrastructure. External threats are dominated by cybersecurity vulnerabilities, conventional fintech dominance, and persistent perceptions that sharia fintech is indistinguishable from conventional services. The strategic map suggests that sustainable growth requires “vertical integration” interpreted as institutional consolidation—strengthening governance and sharia assurance, literacy and user education, security-by-design practices, and reliable service delivery. These priorities align with POJK-based market conduct and the sharia parameters articulated in DSN–MUI fatwas, supporting user trust and the ethical objective of protecting wealth (ḥifẓ al-māl).Keywords: sharia fintech; SWOT analysis; institutional trust; cybersecurity; Medan City
Fraud in Trade Measurements and Weights from the Perspective of Sharia Economic Law Siregar, Pani Akhiruddin; Liana, Sufitri; Suryani, Suryani
Al-Mustashfa: Jurnal Penelitian Hukum Ekonomi Syariah Vol 10, No 2 (2025)
Publisher : UIN Siber Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/jm.v10i2.20931

Abstract

Buying and selling transactions constitute an essential part of daily economic activities in Muslim societies and are fundamentally governed by the principles of muʿāmalāt in Islamic law. Despite clear Qur’anic injunctions and prophetic traditions that command honesty and fairness, fraudulent practices such as reducing measurements and weights continue to occur and harm consumers. This study examines the practice of measurement and weight fraud by sellers and analyzes its legal and ethical implications from the perspective of Islamic economic law. The research employs a qualitative method using a normative legal approach, relying on library research that draws upon primary Islamic legal sources, including the Qur’an and Hadith, classical fiqh literature, as well as secondary sources such as scholarly works on Islamic economic law and Law Number 8 of 1999 on Consumer Protection. The data are analyzed descriptively and conceptually to identify the legal norms and principles governing honesty in trade. The findings demonstrate that reducing measurements and weights constitutes a form of fraud that violates the principles of muʿāmalāt, particularly honesty (ṣidq), trustworthiness (amānah), justice (ʿadl), and mutual consent (tarāḍī). Such practices infringe upon the protection of property rights (ḥifẓ al-māl), distort market fairness, and undermine consumer trust. This study concludes that honesty in measurements and weights is not merely an ethical virtue but a binding legal obligation in Islamic economic law, requiring legal firmness and ethical reform to ensure justice, social trust, and sustainable welfare in commercial life.Keywords: buying and selling; fraud in measurements; honesty principle; consumer protection; Islamic economic law.

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