KASBANA : Jurnal Hukum Ekonomi Syariah

INTEGRASI USHUL FIQH, KAIDAH FIQH DAN FIQH IQTISHADI DALAM PRAKTIK LETTER OF CREDIT SEBAGAI TELAAH KONSEPTUAL DAN APLIKATIF

Yuni Mayanti — 2026-01-25

Abstract

This study aims to examine the integration of Usul Fiqh, Fiqh Principles, and Iqtishadi Fiqh in the practice of Letter of Credit (L/C) as an international trade financing instrument. From an Islamic economic perspective, L/C transactions involving multiple parties and contractual agreements require in-depth analysis from an Islamic legal perspective to ensure compliance with sharia principles. Ushul Fiqh provides a methodological framework for understanding legal arguments, while Fiqh Principles offer general principles that guide legal istinbat on various contemporary issues. Iqtishadi Fiqh, as a branch of fiqh that focuses on economic issues, becomes an applicable domain for the application of both disciplines. This study uses a descriptive qualitative approach with literature study as the main method. The results of the study indicate that L/C is acceptable in the Islamic economic system as long as it meets the requirements and pillars of the contract and avoids elements of riba, gharar, and maisir. Thus, the conceptual and practical integration of the three pillars of Islamic law (Ushul Fiqh, Fiqh principles, and Iqtishadi Fiqh) demonstrates that Islamic law has the flexibility and capacity to address modern economic challenges in a just, relevant, and sustainable manner. The results of this study open up opportunities for further development of Islamic financial fatwas and policies based on a comprehensive methodological understanding.

Keywords: Ushul Fiqh, Kaidah Fiqh, Fiqh Iqtishadi, Letter of Credit

TRANSAKSI AKAD MUDHARABAH PADA PEMBIAYAAN USAHA DALAM PESANTREN DI PROVINSI RIAU MENURUT PERSFEKTIF MAQASHID SYARIAH

Sugito Sugito — 2026-01-25

Abstract

This study analyzes the implementation of Islamic economic law in the Islamic boarding school (pesantrenpreneur) model in Riau Province, focusing on the suitability of sharia contracts and their contribution to the economic empowerment of the community. The research method used is normative law combined with a qualitative case study approach in three Islamic boarding schools (pesantren) in Pekanbaru, Kampar, and Rokan Hilir. Data were collected through in-depth interviews, participant observation, and documentation studies, analyzed using the interactive model of Miles and Huberman. The results show that Islamic boarding school (pesantrenpreneur) has established a sharia economic ecosystem that integrates da'wah values with business practices, using mudharabah, musyarakah, and productive waqf contracts. However, the findings reveal substantive deficiencies in the contract documents, particularly the absence of explicit clauses regarding loss settlement mechanisms and risk distribution, as well as weaknesses in sharia supervision of productive waqf. From the perspective of maqashid sharia, although the principle of halalan thayyiban has been implemented, there are gaps in the accountability of fund management (hifzh al-mal) and consumer protection (hifzh al-nafs). This study recommends institutional restructuring, refinement of contract documents, and strengthening of the sharia supervisory system to ensure comprehensive compliance with sharia economic principles.

Keywords: Islamic Boarding School Entrepreneur, Sharia Economic Law, Sharia Contracts, Maqasid Sharia, Economic Empowerment

PENERAPAN KAIDAH FIKIH MUAMALAH DALAM PRAKTIK EKONOMI GIG: ANALISIS TENTANG KEADILAN DAN KEABSAHAN AKAD DI ERA DIGITAL

Ira Zulfia Kausar — 2026-01-25

Abstrak

This study discusses the Application of Mu'āmalāt Fiqh Principles in Gig Economy Practices: An Analysis of Fairness and Contract Validity in the Digital Age. There are two discussions: the first is the gig economy with the application of mu'amalat fiqh rules, and the second is the value of fairness in the gig economy as viewed from maqashid sharia. The explanation is carried out using a normative approach with a normative juridical method and a conceptual approach accompanied by a literature study of books and digital journals related to the gig economy, mashlahah, and maqashid sharia. The application of muamalah fiqh principles based on the Qur'an and hadith provides an understanding that the gig economy needs to be studied using Islamic business ethics, namely avoiding riba, gharar, tadlis, maysir, fasid, and batil, by harmonizing the values of maqashid syariah in its application in order to obtain a validity value that is in accordance with sharia.

Keyword : fiqh principles, muamalah, gig economy

MENGINTEGRASIKAN METODOLOGI HUKUM SUNNI KLASIK KE DALAM PEMIKIRAN EKONOMI ISLAM KONTEMPORER

Riyan Damara Putra — 2026-01-25

Abstract

This study aims to examine how classical Sunni legal methodologies in usul al-fiqh can be systematically integrated into the development of contemporary Islamic economic thought. The analysis is grounded in the central problem that modern Islamic economic practices often rely on fragmented or overly textual approaches, despite the rich methodological traditions of the Hanafi, Maliki, Shafi‘i, and Hanbali schools. Using a qualitative descriptive–analytical method based on doctrinal review, this research explores authoritative classical texts alongside contemporary regulatory documents, including DSN–MUI fatwas, to assess the relevance of qiyas, istihsan, maslahah-oriented reasoning, contractual clarity, and maqasid-based considerations for present-day economic governance. The findings indicate that the methodological strengths of the four schools can be synthesized to provide a coherent normative and practical foundation for addressing modern economic issues such as digital transactions, ethical finance, and sustainability. The study demonstrates that the integration of classical jurisprudential principles not only strengthens the legitimacy of Islamic economic policies but also enhances their adaptability to emerging challenges. This research contributes by offering an analytical framework that connects the epistemology of Islamic legal theory with contemporary policy formation, thereby promoting an Islamic economic system that is both principled and responsive to societal needs.

Keywords : DSN-MUI, Islamic Economics, Sunni School of Law, Islamic Legal Methodology, Usul al-Fiqh

ANALISIS KEPATUHAN MAQASHID SYARIAH DALAM TRANSAKSI DIGITAL PERBANKAN SYARIAH : STUDI LAYANAN BSI MOBILE

Abdur Rokhim — 2026-01-25

Abstract

The development of digital services in Islamic banking has undergone significant transformation, one of which is through the BSI Mobile application presented by Bank Syariah Indonesia (BSI). This study aims to analyze the alignment of the fund transfer service on the BSI Mobile application with the principles of Maqashid Sharia, which include the protection of religion (hifz ad-din), life (hifz an-nafs), intellect (hifz al-'aql), descendants (hifz an-nasl), and property (hifz al-mal). The research method used was descriptive qualitative, with a library research approach, interviews, and observation. The results indicate that the fund transfer service through BSI Mobile complies with the principles of Maqashid Sharia and aligns with the fatwa of the National Sharia Council of the Indonesian Ulema Council (DSN-MUI), particularly in terms of transaction security, ease of access, and cost transparency. However, several areas still need improvement to ensure a more comprehensive implementation of Sharia principles.

Keywords: Digital Services, Bank Syariah Indonesia, Fund Transfer, BSI Mobile, Maqashid Syariah.

PASAR MODAL SYARIAH SEBAGAI INSTRUMEN INVESTASI DI INDONESIA DALAM TINJAUAN MASLAHAH

Bachrul Ulum — 2026-01-25

Abstract

The Islamic capital market is an integral part of the Islamic financial system that operates based on sharia principles, such as the prohibition of riba, gharar and maysir, and emphasizes fairness, transparency and economic sustainability. The purpose of this article is to analyze the role of functioning as an investment instrument that is in accordance with the principle of maslahah in the context of Islamic finance in Indonesia. The contribution of the Islamic capital market to the economic well-being of society, along with the possibilities and problems it faces, are examined in this study using qualitative descriptive analysis. The study comes to the conclusion that, from an economic and social standpoint, Indonesia's Islamic capital market has shown a strong alignment with the maslahah principles. The expansion of the Islamic capital market has also been aided by the recognition of the primacy of the legislation controlling capital market activities. Along with the advantages for the parties involved, this will promote economic expansion in line with the expansion of Indonesia's Islamic capital market.

Keywords: Maslahah, Islamic Capital Market, Instrument Instruments

DIGITAL PROPERTY AS HERITAGE OBJECTS IN THE PERSPECTIVE OF ISLAMIC LAW AND THE URGENCY OF LEGAL REGULATIONS IN INDONESIA

Usman — 2026-01-25

The purpose of the research in this journal article is to explore and analyze the status and mechanism of inheritance of digital assets in the context of Islamic law in Indonesia, with the hope of providing a deeper understanding of the recognition of digital assets as part of inherited property. The research method used includes a legislative approach and conceptual analysis, with data collection through library research to find relevant legal materials, as well as analyzing primary data sources such as the Qur'an and laws. The results show that Islamic inheritance law regulates the process of transferring property from a deceased individual to his heirs, but challenges in applying inheritance law to digital assets still exist, so regulatory adjustments are needed to be in line with technological developments and community needs.

Keyword : inheritance, Islamic law, digital property

MANAGEMENT OF WAQF ASSETS AT THE GREAT MOSQUE OF SEMARANG: A MAQASID AL-SHARI'AH PERSPECTIVE

Ahmad Wahyudi — 2026-01-25

The management of the bandha wakaf (endowment assets) of Masjid Agung Semarang (MAS) faces structural complexity resulting from its long history of land exchanges, the duality of legal status among tanah bondo, waqf land, and properties registered under external names, as well as overlapping institutional authorities. This study aims to describe the current management practices of MAS based on primary interview data and secondary documentary sources and to analyze them through the lens of Maqasid al-Shariah with a particular focus on the preservation of property (ḥifẓ al-māl) and the promotion of public benefit (al-maṣlaḥah al-‘āmmah). The findings show that although several assets have not yet been legally secured, the management employs pragmatic strategies, including developing productive business units, regulating relations with occupants of the assets, and securing the properties through land mapping, physical markers, and identification signage. The maqasid-based analysis reveals that these measures align with the objective of safeguarding waqf assets from loss while ensuring their benefit for the congregation and the broader community. The resulting model may be characterized as “maqasid pragmatism,” a welfare-oriented management approach for waqf amid structural limitations of formal legal frameworks. This study enriches the scholarly discourse on productive waqf management and proposes a maqasid-based evaluative approach for addressing contested waqf assets in Indonesia.

Keywords: waqf assets, Masjid Agung Semarang, Maqasid al-Shariah, ḥifẓ al-māl, public benefit

PENERAPAN SISTEM ADMINISTRASI BMN PENGADILAN AGAMA: ANALISIS HUKUM EKONOMI SYARIAH

Swedia Disya Citta — 2026-01-25

State Property (BMN) plays a strategic role in supporting government administration and public services, including in the context of religious courts. Along with bureaucratic reform and the development of information technology, BMN management has transformed through the implementation of a digital-based administration system. However, the implementation of the system should not be assessed solely on administrative grounds, but also on its conformity with the principles of Islamic economic law. This study aims to analyze the implementation of the BMN administrative system in religious courts and examine its conformity with Sharia economic law. The novelty of this research lies in integrating digital-based BMN governance analysis with the perspective of Sharia economic law in the context of religious courts, a topic that has been relatively rarely studied in previous research. This study uses normative-empirical legal methods, drawing on both legal and conceptual approaches. Data was obtained through the analysis of laws and regulations and related literature, as well as interviews with seven informants who were directly involved in the management of BMN in religious courts. The data was analyzed qualitatively using descriptive-analytical techniques. The results of the study show that the BMN administration system has been implemented in accordance with applicable provisions and supported by information technology, thereby improving administrative order, data accuracy, and accountability. From the perspective of Islamic economic law, this system aligns with the principles of trust, justice, transparency, and public benefit. This research contributes to the development of a study of public asset governance oriented towards Sharia values.

Keywords: State Property, Religious Courts, Administrative System, Islamic Economic Law, Accountability.

WANPRESTASI DALAM PERJANJIAN SEWA MENYEWA TINJAUAN HUKUM BERDASARKAN KUH PERDATA

Andi Susanto — 2026-01-25

Abstrak

Wanprestasi dalam perjanjian sewa-menyewa merupakan kegagalan salah satu pihak untuk memenuhi kewajiban yang telah disepakati dalam kontrak. Hal ini dapat terjadi apabila pihak penyewa tidak membayar sewa tepat waktu atau merusak barang yang disewa, sementara pemberi sewa juga bisa dianggap melakukan wanprestasi jika gagal menyerahkan objek sewa sesuai dengan kesepakatan. Perjanjian sewa-menyewa mengatur hak dan kewajiban kedua belah pihak terkait penggunaan dan pemeliharaan barang yang disewakan. Terjadinya wanprestasi, pihak yang dirugikan berhak menuntut ganti rugi atau pembatalan perjanjian. penyusunan perjanjian dengan rinci sangat penting untuk menghindari sengketa dimasa depan dan memberikan kepastian hukum bagi para pihak. Untuk itu, penting pula bagi para pihak untuk memahami ketentuan hukum yang berlaku, seperti Pasal 1238 KUHPerdata yang mengatur tentang kewajiban debitur dan akibat hukum dari wanprestasi. Dengan demikian, pengelolaan perjanjian yang baik dan pemahaman terhadap hak dan kewajiban masing-masing pihak dapat mengurangi potensi terjadinya wanprestasi dalam perjanjian sewa-menyewa.

Kata Kunci: Wanprestasi, Perjanjian sewa-menyewa, KUH Perdata.