Al-ManAhij: Jurnal Kajian Hukum Islam Vol.
19 No.
July-December 2025, 167-190 DOI:
https://doi.
org/10.
24090/mnh.
Sanuri.
NafiAo Mubarok.
Suqiyah MusafaAoah.
Yoga Irama Creative Commons Attribution-ShareAlike 4.
International License.
P-ISSN: 1978-6670 | E-ISSN: 2579-4167
Published by Sharia Faculty of State Islamic University of Prof.
Saifuddin Zuhri.
Purwokerto Epistemological Transformation of Urf in the DSN-MUI Fatwa on E-Commerce: A MaqAid al-Sharah Based Analysis Sanuri 1*.
NafiAo Mubarok2.
Suqiyah MusafaAoah3.
Yoga Irama4 Universitas Islam Negeri Sunan Ampel Surabaya Jl.
Ahmad Yani No.
Jemur Wonosari.
Kec.
Wonocolo.
Surabaya.
Jawa Timur 60237 Universitas Islam Negeri Syekh Wasil Kediri Jl.
Sunan Ampel No.
Ngronggo.
Kec.
Kota.
Kota Kediri.
Jawa Timur 64127 Email: sanuri@uinsa.
id1, nafi.
mubarok@uinsa.
id2, suqiyah@uinsa.
id3, yogairama.
Submitted Revision : 09-02-2025
: 25-06-2025
Accepted Published : 30-06-2025
: 10-07-2025
Abstract: The rapid growth of digital platforms in global commerce has reshaped conventional transactional norms, including among Indonesian Muslims, raising normative debates on the legitimacy of e-commerce within Islamic jurisprudence.
While prior studies have addressed e-commerce in Islamic legal discourse, few have examined the transformation of urf .
ustomary practic.
as a legitimate legal source in the digital age.
This study introduces the DigitalUrf Alignment Model (DUAM), an integrative legal-epistemological framework that systematizes the adaptation of classical urf to digital contexts through maqAid al-sharah based validation.
Employing a qualitativenormative approach, the research analyzes Fatwa No.
146/2021, issued by the National Sharia Council of the Indonesian Ulema Council (DSN-MUI), classical and contemporary fiqh sources, and emerging digital transaction models.
It integrates concepts from ul al-fiqh, maqAid al-sharAoah, and socio-philosophical reasoning to reconceptualize urf as a dynamic category of legal interpretation.
The findings affirm that digital urf, structured through DUAM, enables its institutionalization as a normative legal source for fatwa and provides a scalable method for integrating classical jurisprudence with digital finance regulations.
Keywords: Digital Urf.
MaqAid al-SharAoah.
DSN-MUI Fatwa.
Contemporary Islamic Law.
E-Commerce Abstrak: Pertumbuhan pesat platform digital dalam perdagangan global telah mengubah norma-norma transaksi konvensional, termasuk di kalangan Muslim Indonesia, dan memicu perdebatan normatif mengenai legitimasi e-commerce dalam kerangka hukum Islam.
Meskipun sejumlah studi sebelumnya telah membahas e-commerce dalam wacana hukum Islam, sedikit yang mengkaji transformasi urf .
raktik kebiasaa.
sebagai sumber hukum yang sah pada era digital.
Studi ini memperkenalkan Digital Urf Alignment Model (DUAM), sebuah kerangka kerja legal-epistemologis integratif yang mensistematisasi adaptasi urf klasik ke dalam konteks digital melalui validasi berbasis maqAid alsharah.
Dengan pendekatan kualitatif-normatif, penelitian ini menganalisis Fatwa No.
146/2021
yang dikeluarkan oleh Dewan Syariah Nasional Majelis Ulama Indonesia (DSN-MUI), disertai kajian terhadap literatur fiqh klasik dan kontemporer, serta model transaksi digital yang berkembang.
Studi ini mengintegrasikan konsep dari ul al-fiqh, maqAid al-sharah, dan penalaran sosio-filosofis untuk Al-ManAhij: Jurnal Kajian Hukum Islam Epistemological Transformation of .
merekonseptualisasi urf sebagai kategori interpretatif hukum yang dinamis.
Temuan menegaskan bahwa urf digital yang terstruktur melalui DUAM memungkinkan institusionalisasinya sebagai sumber hukum normatif dalam fatwa, serta menyediakan metode skalabel untuk integrasi antara fiqh klasik dan regulasi keuangan digital.
Kata Kunci: AoUrf Digital.
MaqAid al-SharAoah.
Fatwa DSN-MUI.
Hukum Islam Kontemporer.
E-Commerce Introduction The rapid acceleration of digital transformation in the global commercial sector has brought about a fundamental shift in economic transaction systems, including in Indonesia.
1 This shift became particularly evident during the COVID-19 pandemic, which compelled the Indonesian government to implement restrictive policies such as the Enforcement of Community Activity Restrictions (PPKM).
These measures significantly hastened the adoption of online transactions as the dominant mode of economic exchange.
2 The impact of these policies was further amplified by changing consumer preferences, particularly for time efficiency, ease of access, and competitive pricing.
This convergence of governmental policy and evolving public behavior has acted as a powerful catalyst in fostering new patterns of digital transactions across the national economy.
Reflecting this structural shift, the Governor of Bank Indonesia projected that the total value of digital transactions in Indonesia would reach approximately IDR 87,000 trillion by 2024.
This projection highlights the depth of the countryAos digital integration and signals a profound transformation in the architecture of its economic system, one increasingly shaped and sustained by digital technologies.
Behind this remarkable progress, however, lies a set of normative concerns, particularly regarding the legal legitimacy of digital transactions within the framework of Islamic jurisprudence.
4 For Indonesian Muslims, the validity of digital commerce is paramount, as it directly relates to adherence to sharAoah principles.
5 The QurAoan in al-NisA: 29 and various hadith emphasize the foundational role of justice (Aoad.
, mutual consent .
, and transparency .
as essential conditions for a valid contract (Aoaq.
In this context, religious fatwa assumes a highly significant normative role.
Through its DSN, the MUI is responsible for responding to contemporary legal developments by issuing 6 As emphasized by K.
MaAoruf Amin, the formulation of the MUI fatwa must be grounded in three core principles: himAyah .
rotection of religion and societ.
, taqwiyyah .
mpowerment of the Muslim communit.
, and tawhdiyyah .
nity of the Islamic umma.
These principles serve as the Ferdi Yufriadi.
Fadilla Syahriani, and Abdullah A Afifi.
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Vol.
19 No.
July-December 2025 Sanuri.
NafiAo Mubarok.
Suqiyah MusafaAoah.
Yoga Irama epistemological and ethical foundation for integrating Islamic legal reasoning with the realities of digital economic transformation.
Responding to these jurisprudential imperatives, the DSN-MUI issued Fatwa No.
146/DSNMUI/XII/2021 as a normative response to the growing prevalence of digital commerce in Indonesia, particularly concerning transactions conducted through sharah-compliant online platforms.
This fatwa represents a pivotal development in articulating Islamic legal responses to economic digitalization, offering a substantive framework through which the principles of fiqh engage with technological realities.
Notably, it incorporates the concept of urf as a foundational element in legal reasoning, an approach firmly rooted in the traditions of the primary Sunni legal schools, including the Hanafi.
Maliki.
ShafiAoi, and Hanbali schools.
9 The deployment of urf within this context underscores the enduring relevance of customary practice as a source of law.
Nevertheless, the ontological and epistemological divergence between classical and digital forms of urf necessitates critically reassessing its legitimacy as a legal source in contemporary ijtihAd.
Such reassessment is essential to ensure that Islamic jurisprudence maintains its normative integrity and contextual responsiveness in navigating the complexities of the digital economy.
Although studies on e-commerce from the perspective of Islamic jurisprudence have grown significantly, most research remains focused on the legality of transactions, contract structures, and general compliance with sharAoah principles.
However, relatively little attention has been given to the more fundamental epistemological dimension, particularly the transformation of Aourf as a legitimate source of law within the context of digital society.
11 Historically.
Aourf has played a vital role in Islamic legal development, wherein widely accepted practices that do not contradict sharAoah principles can serve as the basis for legal rulings through the mechanism of ijtihAd.
The advancement of digital technology has generated new forms of social practice that are ontologically and epistemologically distinct from traditional Aourf, thereby necessitating a reexamination of the validity and authority of digital Aourf as a legitimate legal reference.
This gap in the literature highlights the need for a more comprehensive conceptual approach to understanding the paradigmatic shift of Aourf in the digital era as an integral aspect of contemporary Islamic legal dynamics.
The limited application of conceptual approaches that employ the framework of maqAsid al-sharah to assess the normative validity of digital urf underscores a significant gap in contemporary Islamic legal scholarship and reinforces the urgency of this study.
Although DSN-MUI Fatwa No.
146/2021
offers a crucial normative response to the expansion of digital commerce, few scholarly efforts have systematically investigated the extent to which this fatwa reflects a substantive epistemological shift from classical to digital urf.
Such a reevaluation becomes imperative in a profound and ongoing digital transformation reshaping social behavior and economic interactions.
The transition from Ahmad Musadad.
Umi Indasyah Zahro, and Mustaniroh.
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Musarrofa and Rohman.
Al-ManAhij: Jurnal Kajian Hukum Islam Epistemological Transformation of .
physical to virtual modes of exchange demands a reconfiguration of legal categories historically constructed within analog frameworks.
Within this shifting landscape, maqAsid al-sharah provides a robust analytical framework to evaluate the legal legitimacy and malauah .
of digital urf, enabling a more holistic assessment that engages with both textual sources and contemporary socioeconomic realities.
To address these conceptual and normative challenges, this study employs a qualitative and normative methodology grounded in comprehensive research from the library.
It encompasses the analysis of DSN-MUI Fatwa No.
146, a broad spectrum of classical and contemporary fiqh literature, and relevant models of digital transaction practices in the modern economic landscape.
By situating the inquiry within an interdisciplinary framework, the research integrates core analytical instruments from ul al-fiqh .
he principles of Islamic jurisprudenc.
, the conceptual paradigm of maqAsid alsharah .
he higher objectives of Islamic la.
, and socio-philosophical perspectives that emphasize the contextual and interpretative dynamics of legal reasoning.
Central to this approach is exploring the transformation of urf as an evolving interpretative category in response to the epistemological and ontological shifts induced by digital technologies.
Through this comprehensive and interdisciplinary analysis, this study offers an original contribution to establish the epistemological legitimacy of digital urf as a valid and necessary source of Islamic legal reasoning, particularly in the formulation of fatwas that are normatively grounded while remaining responsive to the socio-economic realities of the digital era.
The Validity of AoUrf as a Theoretical and Methodological Framework in Islamic Legal Thought Etymologically, the term urf originates from AoarafaAeyaAorifuAeAourfan, meaning Ausomething known and goodAy.
Ausomething supremeAy.
AugenerosityAy, and Augood deedsAy.
12 The QurAoan contains several references to the term or its variants, notably in al-AAoraf .
, al-Baqarah .
:233, .
, and al-NisAAo .
, underscoring its normative relevance.
13 Terminologically.
Ibn Mandhur defines Aourf as habitual repetition .
l-daAobu wa al-istimrA.
Abdul Wahhab Khallaf views it as commonly practiced speech or action,14 Wahbah al-Zuhayli emphasizes its status as a social habit known collectively,15 and Ahmad Fahmi Abu Sunnah frames it as rationally embedded behavior accepted by sound human nature.
Scholars of Islamic law are divided over the legitimacy of Aourf as a legal source: while Sunni schools such as Hanafi.
Maliki.
ShafiAoi, and Hanbali recognize its legal authority and operationalize it in ijtihAd,17 others such as the ShiAoah.
MuAotazilah, and Dhahiriyyah tend to reject its normative validity.
Al-Zilmi argues that the acceptance of Aourf in legal reasoning stems from the ProphetAos incorporation Andriyaldi.
AuAl-AoUrf Theory and Its Relevance to Contemporary Jurisprudence Issues,Ay Al-Hurriyah: Jurnal Hukum Islam 6, no.
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AuThe Impact on Trust and Online Buying Decisions Through Information Quality.
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See also Adang Kuswaya and Muhammad Ali.
AuThe Concept of Peace in the QurAoan: A Socio-Thematic Analysis of MuslimsAo Contestation in Salatiga.
Indonesia,Ay Qudus International Journal of Islamic Studies 9, no.
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V9I1.
Wahab Khalaf.
Mashadir Al-TashriAo Al-Islami Fi Ma Laysa Nashsh Fih (Kuwait: Dar alQalam, 1.
Wahbah Al-Zuhayli.
Usul Al-Fiqh Al-Islam, 2nd ed.
(Beirut: Dar al-Fikr, 1.
Abu and Ahmad Fahmi Sunah.
Al-AoUrf Wa Al-AoAdah Fi RaAoYi Al-Fuqaha (Mesir: Maktabah al-Azhar, 1.
Muhammad AoAbd alMuAoizz Bitawi.
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Syed Ameer Hassan and Hafiz Muhammad Khan.
AuA Comparative Study of Urf As A Source of Islamic Law and Custom As A Source of Western Law,Ay Elementary Education Online 20, no.
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NafiAo Mubarok.
Suqiyah MusafaAoah.
Yoga Irama of certain pre-Islamic Arab customs, such as salam transactions and diyah .
lood compensatio.
, into the Islamic legal corpus, affirming its jurisprudential significance.
The spirit of Aourf aligns with AllahAos command in al-NisAAo .
, emphasizing that religion should not impose hardship upon believers.
19 The Prophetic hadith further reinforces this: AuWhatever is considered good by Muslims is also good in the sight of AllahAy .
arrated by Ahma.
20 This normative underpinning strengthens the acceptance of Aourf among Islamic legal scholars, with significantly more support for its application than opposition.
21 Most classical jurists agree that Aourf can serve as a legal theory for deriving rulings from the QurAoan and Sunnah.
22 In this context.
AoAbd al-AoAziz al-Khayyat formulates four criteria for the legitimacy of Aourf as a legal source: it must be widely practiced, enduring over time, not infringe upon litigantsAo rights, and remain consistent with the QurAoan and Sunnah.
Complementing this.
Amir Syarifuddin adds a fifth condition that the custom must serve the malauah of human life.
Several subsidiary legal maxims derived from the principle al-AoAdah al-muuakkamah .
ustom is authoritativ.
reinforce the operational legitimacy of Aourf in Islamic law: .
istiAomAl al-nAs uujjah yajibu al-Aoamalu bihA .
ublic practices are binding legal reference.
taghayyur al-aukAm bitaayyur al-azmAn .
egal rulings evolve with changing time.
al-maAorfAo urfan ka al-mashr sharan .
ustom is equivalent to contractual stipulatio.
al-maAorf bayna al-tujjAr ka al-mashr baynahum .
ommon trade practice is treated as agreed term.
al-thAbit bi al-Aourf ka al-thAbit bi al-sharAo .
ustombased rulings have the same force as scriptural injunction.
24 Al-Shatibi affirms that Aourf may serve as a legitimate source in ijtihAd, provided it upholds human welfare and reflects scholarly consensus, reinforcing its normative authority in Islamic legal theory.
Accordingly, this comprehensive study affirms that Aourf possesses robust theoretical and methodological validity within the framework of Islamic law.
25 Through an argumentative approach and a critical examination of primary sources such as the QurAoan, uadth, and the classical works of the fuqahAAo, it becomes evident that Aourf, as a customary practice, serves as a representation of the maqAid al-sharAoah, upholding core values such as public welfare, social justice, and legal sustainability.
The existence of Aourf that fulfills substantial criteria, such as continuity, conformity with scriptural texts .
, and collective societal acceptance, reinforces its position as a valid instrument of ijtihAd, one that is responsive to contemporary developments while remaining anchored in the normative Soraya Khodamoradi.
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Al-ManAhij: Jurnal Kajian Hukum Islam Epistemological Transformation of .
principles of Islam.
Furthermore, the derivative legal principles stemming from the maxim al-AoAdah muuakkamah reinforce the argument that Aourf can function as an epistemological instrument within Islamic lawAos inclusive and contextual construction.
28 Affirmations by scholars such as al-Zilmi, al-Khayyat, and alShatibi indicate that the acceptance of Aourf is rooted in pragmatic reasoning and reflects an ongoing dialectic between Islamic legal theory and social realities.
29 Accordingly.
Aourf deserves recognition as a foundational methodological component in formulating contemporary Islamic law while embodying an integrative effort to reconcile text and context in addressing the complexities of human life.
From Traditional AoUrf to Digital AoUrf: Legal Adaptation in E-Commerce The advancement of digital technology has profoundly transformed business practices.
Traditionally, commercial transactions were conducted f majlisin wAuidin .
ithin a single physical sessio.
, involving direct interpersonal interaction and straightforward payment methods.
In contrast, online shopping and digital trade have become increasingly dominant, driven by convenience and highly competitive pricing considerations.
31 Digital platforms have introduced secure transactional mechanisms, significantly minimizing risks for sellers and buyers while reflecting a structural shift in the global commercial landscape.
This transformation has prompted critical legal and ethical questions within the framework of Islamic jurisprudence, particularly regarding the compatibility of e-commerce with classical Islamic legal principles and the essential elements .
of a valid contract.
33 The DSN-MUI issued Fatwa No.
146 of 2021 on e-commerce in response to this evolving context.
This fatwa addresses a regulatory gap concerning digital transactions and provides legal certainty for Muslims seeking to implement sharAoah principles in a dynamically changing economic environment.
Although both digital and conventional transactions share the fundamental objective of transferring ownership of goods or services through mutual agreement, significant differences arise due to the role of technological intermediaries.
The DSN-MUI stipulates that online transactions must begin with ijab .
and be concluded with qabul .
, both of which must occur within a single contractual session using platform-integrated features such as Auorder sentAy or Auorder Ay35 This digital mechanism ensures that online contracts fulfill the essential elements of Syed Ameer Hassan and Masooma Batool.
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36 As with traditional commerce, digital trade must conform to sharAoah ethical standards.
Prohibited practices include tadls .
isrepresentation or concealment of product informatio.
, najsh .
alse bidding to inflate prices artificiall.
, and ghishsh .
he use of fraudulent testimonial.
Despite these concerns, ambiguity concerning product specifications, pricing .
, shipping costs, and estimated delivery times undermines transactional clarity.
Violations of these principles compromise the integrity of the contract and render the transaction invalid in both classical and digital contexts.
Thus, the ethical foundations of muAmalAt must remain central regardless of the transactional medium.
The operational framework of online retail mirrors the classical structure of sales transactions in Islamic commercial law, wherein goods or services are offered at a mutually agreed price.
Payments are made through legally recognized channels, including bank transfers, digital wallets .
-wallet.
, or cash transactions at authorized retail outlets.
38 Once the contract is concluded, the seller assumes responsibility for delivering the product directly or through a third-party logistics provider.
Should the delivered item fail to conform to the agreed specifications, the buyer retains the right to exercise khiyAr, the contractual option to affirm or annul the agreement.
In instances where damage occurs due to the negligence of the delivery service, liability is assigned to the courier or logistics provider.
This structure preserves key legal principles within Islamic jurisprudence while accommodating the realities of contemporary e-commerce ecosystems.
Islamic jurisprudence recognizes trade as a legitimate and commendable activity, as affirmed in Srat al-Baqarah .
and Srat al-NisAAo .
, as well as in numerous uAdth that emphasize justice, mutual consent, and ethical conduct in commercial dealings.
40 With the evolving nature of Aourf in the digital era, the emergence of online shopping platforms such as Tokopedia and Lazada necessitates a critical reassessment of traditional legal frameworks.
E-commerce offers tangible advantages, including expanded market access, reduced operational costs, and improved inventory These developments signify a dual transformation encompassing technological advancements and reconfiguring social behavior and economic norms.
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Afif Noor et .
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: 1Ae20, https://doi.
org/10.
23971/el-mashlahah.
Syafika Handayani and Fatimah Zahara.
AuLegal Consequences of Product Quality Tadlis in E-Commerce Shopee Perspective of DSN MUI Fatwa Number 146 of 2021 on Online Shop Based on Sharia Principles,Ay Journal Equity of Law and Governance 4, no.
(June 2.
: 294Ae99, https://doi.
org/10.
55637/elg.
especially on the Shopee platform, from the perspective of the National Sharia Council of the Indonesian Ulama Council (DSN MUI Asma Munifatussaidah.
Jihan Nabila Zahara, and Fuad Zein.
AuDigital Wallet Transactions: Insight from Islamic Economic and Legal Perspective,Ay Jurnal Ekonomi Dan Bisnis Airlangga 34, no.
2 (June 2.
: 301Ae17, https://doi.
org/10.
20473/jeba.
V34I22024.
Nugroho and Nurhayati.
AuE-Commerce and Ethical Business Practices: The Role of DSN-MUI Fatwa.
Ay Nuri Aslami.
Nurul Izzah, and Azhari Akmal Tarigan.
AuThe Concept Of Taradin In Online Buying The Study of Surah An-NisaAo Version 29,Ay Al-Masharif: Jurnal Ilmu Ekonomi Dan Keislaman 9, no.
2 (June 2.
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org/10.
24952/masharif.
as a direction and guide for humans, requires Muslims to understand the verses of the QurAoan.
The QurAoan has set rules for humans in seeking sustenance, one of which is by way of muamalah or trading .
uying and selling Alysson Cyceres Gomes et al.
AuLogistics Management in E-Commerce: Challenges and Opportunities,Ay Revista de Gestyo e Secretariado 14, no.
5 (June 2.
: 7252Ae72, https://doi.
org/10.
7769/gesec.
Al-ManAhij: Jurnal Kajian Hukum Islam Epistemological Transformation of .
higher objectives of Islamic law, becomes essential.
Such adaptation ensures Islamic lawAos continued relevance, functionality, and ethical coherence in addressing the demands of the digital economy.
Digital AoUrf and Its Legitimacy in Islamic Law: A MaqAsid al-Sharah Analysis of the DSN-MUI Fatwa on E-Commerce The concept of maqAsid al-sharah constitutes a normative framework that defines the primary objectives of Islamic law as the preservation of five essential values: religion .
ife al-d.
, life .
ife al-naf.
, intellect .
ife al-Aoaq.
, lineage .
ife al-nas.
, and property .
ife al-mA.
43 Within the context of e-commerce, the protection of property assumes particular significance, given that digital transactions require guarantees of justice, transparency, and safeguards against fraud.
Accordingly, recognizing digital Aourf as a legitimate component of Islamic legal practice must be assessed in terms of its capacity to realize these foundational objectives.
When digital commercial practices successfully uphold public welfare .
, prevent harm .
, and promote fairness in transactions, their validity is affirmed within the maqAid-based legal framework.
Therefore, incorporating digital Aourf into contemporary fatwa formulation is justified and essential to ensure the relevance and adaptability of Islamic law in the era of digital commerce.
To anchor this normative reasoning within scriptural tradition, the framework of maqAid alsharAoah allows for legal flexibility .
in responding to evolving social and technological 46 Such flexibility is exemplified by Fatwa No.
146/DSN-MUI/XII/2021, issued by the DSNMUI, which reinterprets the classical requirement of f majlisin wAuidin, traditionally understood as the physical presence of contracting parties in a single session, into a digital context that prioritizes temporal simultaneity and mutual consent during transactions.
Such an approach aligns with the secondary .
AjiyyA.
and tertiary .
levels of maqAid, which emphasize facilitating legal matters, avoiding hardship, and enhancing ethical standards in modern commercial interactions.
Therefore, recognizing digital Aourf is epistemologically valid and consistent with the broader vision of maqAid as a dynamic legal methodology that bridges Islamic law with contemporary societal Within the context of malauah, understood as the core substance of maqAid al-sharAoah, and its objective to facilitate human well-being,49 the use of Aourf as a method of legal derivation .
stinbA alRamlan Mustapha and Siti Norma Aisyah Malkan.
AuMaqasid Al-Shariah in the AI Era: Balancing Innovation and Islamic Ethical Principles,Ay International Journal of Islamic Theology & Civilization (E-ISSN-3009-1.
3, no.
3 (June 2.
: 1Ae21, https://doi.
org/10.
5281/zenodo.
Ibrahim Ibn Musa Al-Shatibi.
Al-MuwAfaqAt F Ul Al-SharAoAh, 2.
Beirut (Beirut: DAr al-Kutub al-AoIlmiyyah, 2.
, 8Ae10.
Abdi Wijaya et al.
AuThe Implementation of E-Commerce Consumer Option Rights (Khiya.
in Realizing Transaction Justice:
A Study of Maqasid Al-Shariah,Ay Al-Manahij: Jurnal Kajian Hukum Islam 17, no.
1 (June 2.
: 69Ae82, https://doi.
org/10.
Abu Ishaq Al-Shatibi.
Al-MuwAfaqAt F Ul Al-Sharah, 2.
DAr Ibn A (Beirut: DAr Ibn AffAn, 2.
, 8Ae12.
Muhammad Al-Tahir Ibn AoAshur.
MaqAid Al-SyarAoah Al-IslAmiyyah.
DAr al-Naf (Beirut: DAr al-NafAAois, 2.
, 107Ae10.
Ahmad Al-Raysuni.
Naeariyyat Al-MaqAid inda Al-ImAm Al-ShAib.
DAr al-Kal (Tnis: DAr al-Kalimah, 1.
, 177Ae80.
Sanuri.
AuThe Strategic Role of Qiyas Theory on Elasticity of Islamic Law in Solving Contemporary Issues,Ay Al-Qanun: Jurnal Pemikiran Dan Pembaharuan Hukum Islam 26, no.
2 (June 23, 2.
: 137Ae48, https://doi.
org/10.
15642/alqanun.
See also Mokhammad Samson Fajar and Abdul Qodir Zaelani.
AuTransformation of Dowry from Traditional Practices to Maqashid Sharia: A Causal Analysis of WomenAos Dignity and Family Harmony,Ay Ulul Albab: Jurnal Studi Dan Penelitian Hukum Islam 8, no.
2 (June 23, 2.
: 198Ae214, https://doi.
org/10.
30659/jua.
Edy Setyawan et al.
AuLegal Age for Marriage: SDGs and Maslahah Perspectives in Legal Policy Change in Indonesia,Ay Al-Manahij:
Jurnal Kajian Hukum Islam 17, no.
: 183Ae198, https://doi.
org/10.
24090/mnh.
Vol.
19 No.
July-December 2025 Sanuri.
NafiAo Mubarok.
Suqiyah MusafaAoah.
Yoga Irama aukA.
by the MUI is grounded in three principal sources.
First.
Srat al-ajj .
states that AuGod has not placed upon you in religion any hardship,Ay implying that Islamic law must accommodate prevailing social customs as part of its facilitative function.
Second, the uadth narrated from Abdullah ibn Masud: AuMA raA al-muslimn uasanan fahuwa inda AllAh uasanunAy .
hat the Muslims deem to be good is also good in the sight of Alla.
provides epistemic legitimacy to collective social 50 Third, the well-established legal maxim taghayyur al-aukAm bi taghayyur al-Aourf underscores the dynamic responsiveness of Islamic law to shifts in societal behavior.
51 These three foundations form the jurisprudential basis for DSN-MUIAos formulation of digital Aourf in Fatwa No.
146/DSN-MUI/
XII/2021 concerning sharAoah-compliant online Stores, reflecting the continued relevance of maqAidoriented reasoning in contemporary digital commerce.
In classical fiqh tradition, one of the essential conditions for the validity of a sale contract is its execution within a single session .
majlisin wAuidi.
, which traditionally implies the physical presence of both parties in the same space, allowing for direct and synchronous dialogue.
52 This principle applies to sales contracts and to all other contractual agreements that involve mutual consent and According to Wahbah al-Zuhayli, the primary rationale behind this condition is to provide space for negotiation .
as a legal safeguard for the parties involved.
53 Within the Shafii and Hanbali schools of law, khiyAr al-majlis is considered an inherent right that persists until one of the parties decides to either affirm or revoke the contract.
54 This classical formulation, grounded in textual interpretation, finds growing relevance when contrasted with contemporary digital contract patterns, where empirical data shows that most e-commerce transactions are initiated and concluded in seamless virtual sessions, effectively mirroring the unity of sessions conceptualized in fiqh.
However, in the context of contemporary legal developments.
Fatwa No.
146/2021, issued by the DSN-MUI, adopts the interpretation of Imam al-Nawawi and al-Zuhayli, redefining f majlisin wAuidin not as a requirement of physical co-presence, but rather as a unity of time that accommodates the mutual intent of both parties, even through electronic means.
56 This reinterpretation is consistent with the maqAid al-sharah principles of uife al-Aoaql and uife al-dn, as it upholds the substantive integrity of contractual agreement without imposing the burdens of spatial formalism on the modern Muslim This adaptive reinterpretation is supported by empirical trends in digital transaction behaviors, where electronic agreements often occur in a temporally unified yet spatially separate environment, illustrating the practical application of normative Islamic concepts in modern legal Ahmad Ibn Hanbal.
AlAcMusnad.
Juz 1 (Cairo: DAr alAcHadth, 1.
, uadth no.
In al-MuwAfaqAt, al-Shatib cites the meaning of this uadth within the framework of al-Aourf al-auu .
ound custo.
and ijmAAo al-Aoamal .
ractical consensu.
as a foundation for collective legal authority.
He argues that values collectively deemed good by the Muslim communityAibased on customary practices and communal virtuesAihave the potential to be recognized as sharAo rulings, provided they do not contradict established textual evidence.
Jalal Al-Din Al-Suyuti.
Al-Ashbah Wa Al-NaeAir.
Muuammad A (Beirut: Muassasat al-Kutub al-ThaqAfiyyah, 2.
, 46.
The fifth legal maxim discussed is al-Adah muuakkamah.
See also Al-Shatibi.
Al-MuwAfaqAt F Ul Al-Sharah.
Yahya Ibn Sharaf Al-Nawawi.
Rawsat AlAcAlibn.
DAr Ibn a, vol.
Juz 3 (Beirut: DAr Ibn azm, 2.
BAb Shur alAcBuy.
Wahbah AlAcZuhayli.
AlAcFiqh AlAcIslAm Wa Adillatuh, 4.
DAr alAcFik, vol.
Juz 9 (Damascus: DAr alAcFikr, 1.
, 2754Ae56.
Abderrahmane Sakouili and Chroqui Razane.
AuRisk Management of Financial Instruments in Islamic Banks: An Overview,Ay Uluslararas slam Ekonomisi ve Finans Aratrmalar Dergisi 5, no.
1 (June 2.
: 20Ae39, https://doi.
org/10.
25272/ijisef.
Hidayatullah.
Busyro, and Ismail.
AuReview of Fiqh Muamalah on Online Transactions in Digital Era,Ay GIC Proceeding 2, no.
(June 2.
: 58Ae64.
AlAcZuhayli.
AlAcFiqh AlAcIslAm Wa Adillatuh.
Istianah Zainal Asyiqin.
AuIslamic Economic Law in the Digital Age: Navigating Global Challenges and Legal Adaptations,Ay Media Iuris 8, no.
1 (June 2.
: 95Ae112, https://doi.
org/10.
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Al-ManAhij: Jurnal Kajian Hukum Islam Epistemological Transformation of .
Building upon this reinterpretation, examining how digital platforms operationalize the principle of majlis al-Aoaqd in real-world commercial environments is crucial.
The evolution of digital technology necessitates reconfiguring the classical concept of f majlisin wAuidin, extending its application from a physical to a virtual setting while preserving its essential contractual elements.
Within e-commerce, this requirement is effectively met through digital platforms, including online stores, marketplaces, and commercial websites.
58 Online shops are virtual storefronts where sellers display products and buyers conduct transactions through automated systems.
Marketplaces serve as intermediaries, connecting multiple buyers and sellers within a unified framework.
contrast, e-commerce, in its narrow sense, refers to vendor-managed platforms that sell directly to 59 These configurations constitute novel forms of contractual assemblies .
ajls al-aq.
that preserve mutual consent and clarity of intention between parties.
This transition underscores the adaptability of Islamic legal doctrine in accommodating technological change without deviating from foundational principles of justice, transparency, and contractual autonomy.
The widespread adoption of such digital models, as reflected in national e-commerce data, reinforces the imperative for Islamic jurisprudence to engage systematically with empirical developments to maintain its doctrinal relevance and normative authority.
From an operational standpoint, digital transactions exhibit significantly higher effectiveness and efficiency levels than conventional systems.
61 Complex physical infrastructure is no longer products can be uploaded freely in large volumes.
Operational costs are also reduced due to the decreased need for labor, except in specific platforms that charge service fees.
The online shop model enables personalization and strengthens seller identity through direct and real-time customer management systems.
62 In terms of marketing, global accessibility facilitated by digital strategies allows for the broad dissemination of products at relatively low costs and with extensive These advantages reflect the overall efficiency of the digital economic system and reinforce the objectives of maqAid al-sharAoah, particularly uife al-mAl and uife al-nafs, by ensuring property protection and ease of market access without burdening any party in the transaction process.
Such alignment demonstrates that Islamic law, through the lens of maqAid, can adapt to modern commercial systems while maintaining its normative and ethical foundations.
Beyond the efficiency of digital transactions, a reexamination of classical conditions such as maAoqd alayh .
he object of sal.
is required to assess their compatibility with virtual trade.
Pauzi Muhammad et al.
AuThe Digital Revolution of Islamic Entrepreneurship: A Study on Upholding the Principles of E-Commerce Legitimacy in Marketplaces,Ay Al-Mustashfa: Jurnal Penelitian Hukum Ekonomi Syariah 9, no.
2 (June 2.
: 321Ae37, https://doi.
org/10.
24235/jm.
Zenal Asikin.
AuDiverse E-Commerce Business Models In Indonesia: A Cluster Analysis From The National E-Commerce Survey,Ay Business Review and Case Studies 5, no.
2 (June 2.
: 318Ae28, https://doi.
org/10.
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Chuzaimah Batubara et al.
AuRealizing Justice and Malauah in E-Commerce: Fiqh Muamalah Insights and Challenges in Malaysia and Indonesia,Ay JURIS (Jurnal Ilmiah Syaria.
23, no.
2 (June 2.
: 253Ae67, https://doi.
org/10.
31958/juris.
Desi Ramananda Kishore Katuri.
AuStreamlining Procure-to-Pay Processes in Large-Scale Companies with ERP Finance Systems,Ay European Journal of Computer Science and Information Technology 13, no.
38 (June 2.
: 174Ae90, https://doi.
org/10.
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Charles Dong.
AuThe Integration of Blockchain Technology in the Digital Economy: Ensuring Security and Transparency in Digital Transactions,Ay Transactions on Economics.
Business and Management Research 13, no.
1 (June 2.
: 163Ae68, https://doi.
org/10.
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Maria Mach-Kryl and BartComiej Hadasik.
AuOn a Certain Research Gap in Big Data Mining for Customer Insights,Ay Applied Sciences 11, no.
15 (June 2.
: 6993, https://doi.
org/10.
3390/app11156993.
Siti Navillah Zulkifli and Sharifah Norzehan Syed Yusuf.
AuMaqasid Syariah and Digital Transformation of Halal Supply Chain With Governance Elements,Ay European Proceedings of Social and Behavioural Sciences Building a (June 2.
, https://doi.
org/10.
Vol.
19 No.
July-December 2025 Sanuri.
NafiAo Mubarok.
Suqiyah MusafaAoah.
Yoga Irama classical Islamic jurisprudence, the maAoqdAo alayh must meet several essential conditions: possess value, provide benefit, be lawfully owned by the seller, and be observable or physically inspectable by both contracting parties.
64 These criteria are established to ensure transparency and fairness in contractual transactions.
However.
Fatwa No.
146/DSN-MUI/XII/2021 introduces necessary adaptations to these requirements in digital commerce.
In online transactions, the object of sale is defined as a good and/or service that is lawful by sharAoah and legal under prevailing national law.
In the case of physical goods, the item must still be deliverable, either directly or through a thirdparty service, such as a courier.
Suppose the product delivered does not match its description or is damaged during shipment.
In that case, the buyer retains the right to exercise khiyAr, while liability for damage lies with the logistics provider.
This regulatory development reflects the principle of uife al-mAl within the maqAid al-sharAoah framework, emphasizing the safeguarding of ownership rights and ensuring justice in economic transactions.
Empirical data from IndonesiaAos e-commerce sector, particularly from platforms such as Tokopedia.
Shopee, and Bukalapak, reveal a high volume of dispute resolution cases involving mismatched or damaged goods, which confirms the practical relevance of the khiyAr clause and the need for liability clarity, thus reinforcing the theoretical structure with observable commercial Unlike classical Aourf, which requires direct visual inspection of goods, digital commerce substitutes this with visual and textual representations, including images, videos, and structured product descriptions.
67 In e-commerce, such descriptions often employ the 5W 1H framework (Who.
What.
Where.
When.
Why, and Ho.
to convey key attributes, functions, materials, dimensions, uses, advantages, and operational instructions.
68 This method simulates indirect visualization and fulfills the contractual requirement of informational clarity.
The transformation of Aourf into a digital, representational mode reflects continuity in legal objectives, preserving transparency as a fundamental tenet of Islamic contract law.
This evolution is consistent with maqAid al-sharah, particularly uife al-aql and uife al-dn, as it promotes informed decision-making and reduces ambiguity .
and deceit .
69 Empirical findings from Indonesian consumer protection agencies further support this normative alignment, indicating that structured, detailed product information correlates with increased consumer trust and reduced complaint incidence.
Abu Bakr Al-Kasani.
BadAAoi AlAcanAAoiAo F Tartb AlAcSharAAoiAo.
Juz 5.
KitAb AlAcBuyAo.
DAr alAcKut (Beirut: DAr alAcKutub alAcAoIlmiyyah.
Al-Nawawi.
Rawsat AlAcAlibn.
Muhammad Azam et al.
AuE-Contract Withdrawal Rights in E-Commerce: A Comparative Analysis of the Egyptian Consumer Protection Law and Islamic Jurisprudential Perspectives,Ay Ulul Albab: Jurnal Studi Dan Penelitian Hukum Islam 8, no.
2 (June 2.
215Ae30, https://doi.
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Mila Dwi Rahmatya.
Mohd Syahiran Abdul Lathif, and Mohd Hapiz Mahaiyadin.
AuExploring The Ethical Aspects And Compliance Practices In ShopeeAos Return And Refund Policies From The Shariah Perspective,Ay Al-Qanatir: International Journal of Islamic Studies 33, 5 (June 2.
: 230Ae46.
Ahmad Lukman Nugraha.
AuIslamic Marketing Mix 7P: New Business Strategy in Modern Era,Ay Islamic Business Review Islamicobr .
: 8Ae9.
Xu Xu.
Yuxiao Fan, and Xiaohua Wang.
AuMass Customization-Oriented Customer Demand Response Service Platform Based on Cloud Computing and Internet of Things,Ay Ie Access 10, no.
1 (June 2.
: 11763Ae71, https://doi.
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ACCESS.
Mohamed Cherif El Amri.
Mustafa Omar Mohammed, and Mohammed M S AlKhalili.
AuFintech Adoption and Its Investment Impact in Islamic Social Finance: The Case of Zakat,Ay QIJIS (Qudus International Journal of Islamic Studie.
12, no.
2 (June 2.
213Ae54, https://doi.
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Miguna Astuti et al.
AuAddressing MSMEs Customer Complaints in IndonesiaAos Digital Economy: Insights from Sharia and Consumer Protection Law,Ay JURIS (Jurnal Ilmiah Syaria.
23, no.
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Frequency, and Monetary (RFM Al-ManAhij: Jurnal Kajian Hukum Islam Epistemological Transformation of .
As a digital mode of al-nuqd .
ommercial exchang.
, e-commerce incorporates various security features designed to foster consumer trust and safeguard the integrity of transactions.
These features include user-generated reviews and ratings, verified seller labels, and authentication systems such as barcodes or QR codes linked to official manufacturer websites.
71 These mechanisms play a pivotal role in minimizing elements of gharar and tadls, both of which are prohibited in Islamic commercial 72 These features collectively contribute to creating a more equitable, transparent, and accountable transactional ecosystem.
From the perspective of maqAid al-sharAoah, such innovations uphold uife al-mAl, reinforce the principles of uife al-nafs, and support uife al-Aoaql.
This theoretical justification receives empirical support from consumer behavior data from e-commerce platforms such as Shopee and Tokopedia, which report significantly higher transaction completion rates and lower refund claims for listings featuring verified seller labels and transparent rating mechanisms.
In conventional transactional practices, the medium of exchange traditionally consisted of barter systems or direct cash payments.
However, technological developments have transformed the nature of currency into digital forms, where value, rather than physical form, serves as the primary standard.
74 This shift has necessitated a reevaluation of legal and ethical principles within Islamic jurisprudence.
Fatwa No.
116/DSN-MUI/IX/2017 and Fatwa No.
146/DSN-MUI/XII/2021,
issued by the DSN-MUI, address this transformation by recognizing electronic money as a legitimate medium of exchange, provided it meets specific conditions: it must possess a clearly defined value, be recognized under Indonesian law, and be stored through a registered and legally compliant medium.
These provisions align with the objective of uife al-mAl as emphasized in maqAid al-sharAoah, which demands the safeguarding of economic interests through the legitimacy, stability, and enforceability of financial instruments used in digital transactions.
This adaptation demonstrates the adaptability of Islamic legal frameworks to technological innovation while maintaining the ethical and normative integrity of sharAoah-compliant commerce.
The adaptive stance of the DSN-MUI toward technological innovation reflects the classical Islamic legal maxim of Autaghayyur al-aukAm bi taghayyur al-azmAn.
Ay76 In virtual payment systems, the DSN-MUI stipulates that the deposit of funds must precede electronic payments to an authorized electronic money issuer.
These funds are not to be managed as conventional bank deposits but are instead held within a legally designated system.
Such payment instruments may be used across various platforms, including retail outlets and certified electronic service providers.
This regulatory framework ensures Ruochi Zhang.
Yi Li, and Li Fang.
AuPBTMS: A Blockchain-Based Privacy-Preserving System for Reliable and Efficient E-Commerce,Ay Electronics 14, no.
6 (June 2.
: 1177, https://doi.
org/10.
3390/electronics14061177.
e-commerce is presenting in more diverse forms and attracting the attention of more and more users.
Since e-commerce transactions usually involve sensitive information of a large number of users, privacy and security have become increasingly important issues.
Despite certain advantages .
, trading security Mohamed Cherif El Amri and Mustafa Omar Mohammed.
AuAnalysis of Fatwas on FinTech,Ay in Islamic FinTech: Insights and Solutions, ed.
Mohd MaAoSum Billah (Cham: Springer International Publishing, 2.
, 73Ae90.
Adam Jody Suwarno and Lilik Indayani.
AuInfluential Factors on Online Repurchase Intentions: A Study on Tokopedia Marketplace,Ay Academia Open 9, no.
2 (June 2.
: 10.
21070/acopen.
21070/acopen.
2024, https://doi.
org/10.
21070/acopen.
John Taskinsoy.
AuSay Good Bye to Physical Cash and Welcome to Central Bank Digital CurrencyAy (Rochester.
NY: Social Science Research Network.
June 2.
, https://doi.
org/10.
2139/ssrn.
Istiqom Shinta Hardiyanti et al.
AuAnalysis of the Dsn Mui Fatwa on Sharia Electronic Money from the Perspective of Qiyas .
Study on Linkaja Syariah Applicatio.
,Ay Istinbath 23, no.
1 (June 2.
: 66Ae78, https://doi.
org/10.
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Ahmad Musadad et al.
AuThe Role of The Taysir Manhaji Method in The Development of Islamic Economic Law in Indonesia Through DSN-MUI Fatwas,Ay Journal of Islamic Economic Laws 8, no.
01 (June 2.
: 130Ae54, https://doi.
org/10.
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Vol.
19 No.
July-December 2025 Sanuri.
NafiAo Mubarok.
Suqiyah MusafaAoah.
Yoga Irama that transactions remain within legal certainty and Islamic validity bounds.
An analysis grounded in maqAid al-sharAoah reveals that the principles of uife al-dn and uife al-mAl are upheld through these The system guarantees that payments are executed lawfully while shielding consumers from gharar and financial misappropriation.
OJKAos 2023 Digital Finance Report supports this view, indicating that systems where deposits are segregated from general banking operations experience significantly lower rates of dispute and user dissatisfaction, underscoring the operational validity of sharah-aligned payment frameworks.
Compared to conventional methods, digital payment systems offer significantly higher levels of efficiency.
Transactions are executed rapidly, without physical presence, and can encompass multiple operations simultaneously.
These systems are often accompanied by user incentives, such as discounts or cash back.
Moreover, digital technologies facilitate more structured financial management by offering features such as spending limits and instant access to transaction histories.
Such mechanisms function as enablers of economic convenience, reflecting the objectives of uife alnafs and uife al-Aoaql within the framework of maqAid al-sharAoah.
By promoting transactional ease, user security, and rational financial behavior, digital payment systems streamline economic processes while enhancing monetary engagementAos ethical and practical 79 Therefore, incorporating digital payment mechanisms into Islamic legal frameworks represents more than a mere technical adjustment.
It constitutes an actualization of maqAid alsharAoah, harmonizing worldly benefit with the normative values of the sharAoah, and demonstrating the lawAos adaptability to evolving technological and social realities.
This normative alignment is substantiated by behavioral insights from fintech platforms such as GoPay and OVO, which indicate that Muslim users increasingly utilize financial tracking features to align their consumption with ethical and religious values, demonstrating a real-world manifestation of uife al-nafs and uife al-aql.
To clarify the dynamics of the transformation from classical Aourf to digital Aourf, the following table presents a structural shift in contemporary muAoAmalah practices.
This table illustrates how legal flexibility in Islamic law, alongside the maqAid al-sharAoah, plays a critical role in addressing sociotechnological and economic change, particularly in fulfilling the foundational principles of uife alFaizi and Mohd Sollehudin Bin Shuib.
AuSharia Governance in Islamic Financial Institutions: A Comparative Review of Malaysia and Indonesia,Ay EL DINAR: Jurnal Keuangan Dan Perbankan Syariah 12, no.
1 (June 2.
: 89Ae107, https://doi.
org/10.
Michal Polasik et al.
AuTime Efficiency of Point-of-Sale Payment Methods: Empirical Results for Cash.
Cards and Mobile Payments,Ay ed.
Josy Cordeiro.
Leszek A Maciaszek, and Joaquim Filipe (Springer, 2.
, 306Ae20, https://doi.
org/10.
1007/9783-642-40654-6_19.
Umi Khusnul Khotimah.
AuOnline Buying and Selling from the Perspective of Maqasid Shariah,Ay Journal of Sharia Economics 5, no.
2 (June 2.
: 218Ae36, https://doi.
org/10.
35896/jse.
thereby achieving this goal of economic empowerment.
Overall, online buying and selling transactions can be a means to achieve the goals of Maqasid Syariah, as long as they are carried out with integrity, fairness and comply with the principles of Islamic law.
Good online business practices must align with Islamic values AUAUand moral goals and contribute to the overall welfare of society.
Research focus The online buying and selling transaction process is seen from Maqasid sharia.
Research Method This research is a qualitative descriptive research.
In this qualitative descriptive research, researchers here use library research to look for information through books, magazines, newspapers and other literature to form a theoretical basis.
This research is also to examine written sources such as scientific journals, reference books, literature, encyclopedias, scientific essays, scientific works and other sources either in written form or in digital format that are relevant and related to the object being researched.
The object of this research study is in the form of texts or writings that describe and explain the online shop business/enterprise that is mushrooming in Indonesia.
The results of this research are 1 Fakhry Emil Habib and Nofiardi.
AuThe Impact of Using E-Wallets for the Ease of Muslim Consumers Transacting Maqashid Sharia Approach,Ay EKONOMIKA SYARIAH : Journal of Economic Studies 7, no.
1 (June 2.
: 47Ae58, https://doi.
org/10.
Al-ManAhij: Jurnal Kajian Hukum Islam Epistemological Transformation of .
mAl, uife al-Aoaql, uife al-nafs, and uife al-dn.
This transformation also reinforces the epistemological foundations for contemporary fatwa that prioritize collective welfare .
alauah al-Aoamma.
and enhance the relevance of Islamic law in the digital age.
Table 1.
A Comparative Analysis of Traditional and Digital AoUrf and Their Implications for MaqAid al-SharAoah Analytical Aspect Observed Transformation Implication for MaqAid al-SharAoah Traditional AoUrf DigitalAo Urf Physical Contractual presence in a Assembly (Majls shared time and al-AoAq.
majlisin wAuidi.
Temporal and simultaneity via digital platforms .
Zoom.
Direct physical Visualization of inspection by Sales Object both parties Visual Digital media have through images, replaced physical videos, and textual product descriptions Supports uife al-Aoaql and uife al-dn by reducing gharar and tadls, and enhancing information clarity Transactional Instrument Cash payment or barter.
direct verbal Digital payments via electronic wallets.
QR codes, and virtual Currency and payment methods shift to digital Realizes uife almAl by ensuring lawful and secure monetary Transaction Object (MaAoqdAo Alay.
Must have value, lawful visibility, and benefit under sharAo Must be ualAl and legally recognized.
delivery may be digital or via thirdparty logistics.
Adjustment in the form and method of object delivery Upholds uife al-mAl by ensuring clarity, ownership validity, and lawful utility Trust Mechanism Relies on social and personal Reinforced by digital ratings, user reviews, verified accounts, and authentic barcodes Trust shifts from to system-based Enhances uife al-nafs and uife al-Aoaql by safeguarding users and minimizing Preserves uife alAoaql and uife al-dn Assembly shifts by facilitating from physical cocontracts without presence to virtual substantive legal Vol.
19 No.
July-December 2025 Sanuri.
NafiAo Mubarok.
Suqiyah MusafaAoah.
Yoga Irama Analytical Aspect Role of Product Description Traditional AoUrf DigitalAo Urf Rarely detailed or systematized Structured using the 5W 1H method (Who.
What.
Where.
When.
Why.
Ho.
to convey value, utility, ingredients, and Observed Transformation Implication for MaqAid al-SharAoah Product become central to contractual Reinforces uife al-Aoaql through informed, rational decision-making and transactional Access and Efficiency Limited by and temporal Global, rapid, cost-effective, and accessible across time zones Market access borderless and more inclusive Supports uife al-nafs and uife al-mAl by reducing consumer burdens and expanding Source of Legitimacy Grounded in consensus and socio-cultural Rooted in DSN-MUI fatwas, the legal maxim taghayyur al-aukAm bi taghayyur al-Aourf, and the principle of malauah Legal authority transitions toward maqAid-based Integrates uife al-dn and uife almAl by ensuring legal relevance in modern digital Adaptively addressed by DSNMUI fatwas Islamic law becomes more contextual and Embodies uAjiyyAt and tausniyyAt by facilitating transactions and promoting ethical From static to dynamic custombased legal Aligns with maqAid in responding to change while preserving the normative integrity Limited to Legal Flexibility classical fiqh (Murna.
ijtihAd Supporting Legal Maxim al-AoAdah muuakkamah .
ustom is taghayyur al-aukAm bi taghayyur al-Aourf .
egal rulings evolve with changing The table above compares traditional Aourf and digital Aourf within the context of contemporary transactional practices, highlighting key dimensions such as the form of the contractual assembly, visualization of the sale object, payment methods, and trust mechanisms.
Each transition from traditional to digital practices reflects technological adaptation and normative transformation aligned with the principles of maqAid al-sharAoah.
81 By juxtaposing legal theory with observed transactional models, this study offers an integrative framework that strengthens the link between normative Islamic legal constructs and real-world economic behaviors, thereby reinforcing the Mimma Maripatul Uula and Darwis Harahap.
AuThe Implementation of Maqasid Shariah in Economic Studies,Ay Journal of Islamic Economics Literatures 4, no.
1 (June 2.
, https://doi.
org/10.
58968/jiel.
Al-ManAhij: Jurnal Kajian Hukum Islam Epistemological Transformation of .
value of an empirically grounded approach to fatwa formulation.
82 This approach demonstrates how Islamic law can effectively accommodate contemporary social dynamics without compromising its foundational values, including justice, public interest, transparency, and the protection of wealth, intellect, life, and religion.
In light of the foregoing analysis, digital Aourf should be recognized as a valid legal source in formulating contemporary fatwa, particularly in response to the evolving landscape of technologybased transactions.
Its legitimacy is rooted in the epistemological framework of ul al-fiqh, particularly the legal maxim taghayyur al-aukAm bi taghayyur al-Aourf, and supported by the principles of maqAid al-sharAoah, which emphasize justice, malauah, and ease in socio-economic relations.
This transformation aligns with the objectives of uife al-mAl, uife al-nafs, uife al-Aoaql, and uife al-dn by establishing a transaction system that ensures legal clarity, accountability, and user protection.
Incorporating digital Aourf in DSN-MUI fatwa reflects a strategic juridical adaptation that integrates Islamic legal norms with the realities of a digitized economic environment.
Conclusion This study concludes that the transformation of Aourf from its traditional to its digital form, as formalized in Fatwa No.
146/DSN-MUI/XII/2021, is valid and contextually grounded within contemporary Islamic legal theory.
The key finding affirms that digital Aourf can serve as a legitimate legal foundation when aligned with the core objectives of maqAid al-sharAoah, especially in safeguarding wealth, life, intellect, and religious ethics.
Utilizing a normative-analytical approach, the study demonstrates that classical jurisprudential concepts, such as fi majlisin wAuidin, clarity of maAoqd Aoalayh, and al-nuqd, can be meaningfully reinterpreted for digital contexts without compromising their normative essence.
Theoretically, the research contributes to the ongoing discourse on the epistemological standing of digital Aourf, positioning it as a dynamic interpretive category within ul al-fiqh.
It facilitates methodological integration between classical legal reasoning and modern digital practices through a maqAidi lens.
Normatively, it provides a coherent legal foundation for sharAoah-compliant e-commerce that is both ethically sound and secure, ensuring compliance with the law.
However, this study remains limited in its normative scope and does not incorporate empirical data from digital market actors or financial institutions that have implemented the fatwa.
It also lacks comparative engagement with sharAoah rulings issued in other Muslim jurisdictions.
Future research should, therefore, adopt empirical and comparative approaches to explore how digital Aourf is received and operationalized across diverse socio-legal contexts, thereby advancing a participatory, adaptable, and context-responsive Islamic legal system.
References