Vol. 5 No. 1 (2026): Al-Faruq : Jurnal Hukum Ekonomi Syariah dan Hukum Islam

Maṣlaḥah constitutes a fundamental principle in Islamic law, functioning not only as a legal objective but also as a source and method of legal reasoning. This article revisits the concept of maṣlaḥah, with particular attention to maṣlaḥah mursalah as a basis for ijtihād in situations where no explicit textual evidence is available, and examines its relationship with maqāṣid al-syarī’ah. Through an analytical review of the thought of classical and modern scholars such as al-Ghazali, Abd al-Wahhab Khallaf, and Najm al-Din al-Thufi, this study demonstrates a spectrum of approaches to maṣlaḥah, ranging from restrictive to more progressive interpretations. Furthermore, the classification of maṣlaḥah into three levels: ḍarūriyyah, ḥājiyyah, and taḥsīniyyah, highlights its crucial role in maintaining the relevance, flexibility, and normative orientation of Islamic law amid social change. This article argues that maṣlaḥah is not merely a complementary element in Islamic legal theory, but a central instrument in realizing public welfare and safeguarding the higher objectives of the sharia.

This article aims to examine the hadiths about musāqah through the approach of studying ahkam hadith, focusing on aspects of hadith takhrīj, analysis of sanad and matan, understanding mufrādat, hadith explanatory, and the process of istinbāṭ al-aḥkām that gives birth to the rules of fiqh and the principles of uṣūl fiqh related to muamalah. This research uses a qualitative approach with the library research method. The main data is sourced from the hadiths about musāqah found in Ṣaḥīḥ Muslim and Ṣaḥīḥ Bukhārī, as well as other narrations that serve as reinforcements. The analysis is carried out through tracing the path of hadith narration, assessing the credibility of the narrator based on jarḥ wa ta'dīl literature, and matan analysis by considering the suitability of the hadith text with the general principles of sharia and the practice of the Prophet Muhammad saw. Furthermore, the process of istinbāṭ al-aḥkām is carried out with the approach of uṣūl fiqh and the comparison of the opinions of fiqh scholars. The results of the study show that the hadiths about musāqah have the status of sahih and have a strong sanad, and show the legitimacy of the sharia for the agricultural cooperation contract based on profit sharing. From these hadiths, it can be concluded that the ability of the musāqah contract is provided that there is clarity of the object, the division of the agreed results, and the absence of an element of tyranny. This study confirms that musāqah is an agreement that reflects the principles of justice, benefit, and flexibility of Islamic law, making it relevant to be applied in the context of contemporary Islamic agriculture and economics.

Injustice and inequality in the distribution of income and wealth, both in developed and developing countries that embrace capitalism in their economic systems, create poverty. This study aims to analyze the dynamics of distribution within a capitalist economic system, the nature of distribution within Islamic economics, and Islamic solutions for the government to create prosperity and distributive justice. The method used is a qualitative approach using literature studies from scientific journals, books, and other sources related to Islamic economics. The results of the study indicate that the dynamics of distribution within a capitalist economic system are determined by market mechanisms (prices), private ownership (capital), and free competition. Distributive justice in Islamic economics focuses on the fact that existing economic theories are unable to address the problems of poverty and income and wealth inequality. In achieving distributive justice, Islamic economics requires the government to play a role in upholding values ​​and morals, maintaining the technical operation of market mechanisms, and taking responsibility for market failures.

The increasing demand for halal tourism in Indonesia is not balanced by the consistent implementation of sharia principles in the hospitality sector, including the uneven ownership of halal certificates in several hotels that claim to apply sharia principles. This study aims to analyze the suitability of the management of the RedDoorz Syariah Hotel Near Sun City Mall Sidoarjo with Fatwa of National Sharia Board – Indonesian Ulama Council (DSN-MUI) on Guidelines for the Implementation of Sharia Hotel Business. The method used is qualitative with a case study approach through observation, in-depth interviews, and document analysis. The results of the study show that although hotels do not yet have an official certificate from the MUI, in practice they have implemented most of the sharia principles from the Fatwa of DSN-MUI, such as screening non-mahram guests, providing worship facilities, and preventing immoral acts. However, imperfections were found in the aspect of using Islamic financial services and the absence of a Sharia Supervisory Board (DPS) in its structure. The implication of these findings is the importance of more systematic supervision and refinement of financial aspects to achieve comprehensive sharia compliance as well as evaluation material for the sharia hotel certification process.

This research is motivated by the limited access to productive financing faced by academics in the university environment, while the financing products available at Baitul Māl Wat Tamwīl (BMT) in the campus environment are still dominated by consumptive contracts and have not accommodated partnership-based financing. This condition raises the need for the development of a fairer and more sustainable sharia financing model. The problem studied in this study is how urgent is the urgency of developing musyarakah contracts as an innovation of BMT productive financing products in the campus environment and its relevance for the empowerment of the academic community. The research method used is a literature study with a qualitative-descriptive approach through the analysis of the literature on sharia economic law, related regulations, and previous studies on BMT and musyarakah contracts. The results of the study show that the musyarakah contract has great potential to be developed as a productive financing product for BMT in the campus environment because it emphasizes the principle of partnership and proportional risk sharing. The development of musyarakah contracts is considered to be able to be an alternative financing that supports the entrepreneurship of the academic community and strengthens the role of campus BMT in an inclusive and sustainable Islamic financial ecosystem.

The development of social media has changed the pattern of da'wah communication, including the delivery of Sharia Economic Law literacy to the digital community, however the effectiveness of digital da'wah communication strategies in increasing this literacy still requires empirical study. This research aims to analyze how digital da'wah communication strategies are used to increase literacy in Sharia Economic Law and how the audience responds to da'wah content on social media. This research uses a qualitative approach with a content analysis method on 65 digital da'wah content on five Islamic preacher's Instagram accounts and sharia economic education platforms with ≥100,000 followers during the period January–December 2024. Data was collected through digital observation, content documentation, and audience interaction analysis, then analyzed thematically using a da'wah communication and sharia economic literacy framework. The research results show that effective communication strategies include the use of popular language based on muamalah fiqh, educational visualization through reels and infographics, as well as participatory interactivity that increases audience involvement. This strategy contributes to increasing literacy in cognitive, affective and conative aspects, as well as strengthening public trust in sharia economic preaching in the digital space.