IMPLEMENTASI KAIDAH AL-AṢLU FĪ AL-MUʿĀMALĀT AL-IBĀḤAH DALAM TRANSAKSI EKONOMI BERBASIS E-COMMERCE

Abstract

The development of the digital economy through e-commerce systems has introduced various new forms of transactions that require a more adaptive Islamic legal analysis. This article aims to examine the implementation of the legal maxim al-aṣlu fī al-muʿāmalāt al-ibāḥah (the presumption of permissibility in financial transactions) within e-commerce-based economic activities. The study employs a qualitative method using a library research approach by analyzing classical Islamic jurisprudence literature, contemporary Islamic economics books, scholarly journals, and DSN-MUI fatwas. The findings indicate that various digital transactions such as marketplaces, electronic contracts, QRIS, e-wallets, cash on delivery, and so on, are fundamentally permissible as long as they comply with Sharia principles, namely the absence of riba (usury), gharar (uncertainty), maysir (gambling), and tadlīs (fraud). The maxim al-aṣlu fī al-muʿāmalāt al-ibāḥah functions not only as a normative principle but also as a systematic analytical framework consisting of three stages: presumption of permissibility, Sharia compliance screening, and maqāṣid al-Sharī‘ah evaluation. The study concludes that Islamic law demonstrates significant flexibility in responding to digital technological developments, ensuring its continued relevance in modern economic dynamics while maintaining its foundational Sharia principles.