Elly, Nurlaili and Selvia, Oktaviana (2025) Legalitas Akad Mudharabah dalam Platform Digital Syariah. Legalitas Akad Mudharabah dalam Platform Digital Syariah, 7 (2). ISSN 2721-0545

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Abstract

The development of digital-based financial technology (fintech syariah) has brought fundamental changes to the practice of Islamic financial transactions, including in the implementation of mudharabah contracts which can now be done online through digital platforms. This transformation raises legal issues regarding the validity of contracts carried out electronically and their conformity with the principles of Islamic law. This research aims to examine the legality of mudharabah contracts in sharia digital platforms from the perspective of positive law and Islamic law. This research uses a normative legal method with a statute approach and conceptual approach, through a search of Law Number 11 of 2008 concerning Electronic Information and Transactions (ITE Law), Law Number 21 of 2008 concerning Sharia Banking, and Fatwa of the National Sharia Council of the Indonesian Ulema Council (DSN-MUI) Number 116/DSN-MUI/IX/2017 concerning Information Technology-Based Financial Services Based on Sharia Principles. The results of the study show that in positive law, electronic contracts on digital platforms have legal force as long as they fulfill the elements of the parties' agreement, halal objects, and are carried out with a security system that can be accounted for. From the perspective of Islamic law, digital mudharabah contracts are declared valid if the elements of the pillars and conditions of the contract are fulfilled, namely the existence of ijab and qabul, the clarity of the profit-sharing ratio, and the halalness of the business activities being financed. Aspects of transparency, fairness, and sharia supervision are still problems in ensuring the purity of the mudharabah principle in the digital space. This research recommends the importance of establishing more specific derivative legal norms to regulate the legality of digital mudharabah contracts, in order to provide legal certainty, consumer protection, and maintain the conformity of transactions with maqasid sharia in the Indonesian sharia fintech ecosystem

Item Type:	Article
Subjects:	K Law > K Law (General)
Divisions:	Fakultas Hukum (FH) > Prodi Ilmu Hukum
Depositing User:	ELLY NURLAILI
Date Deposited:	19 Jan 2026 01:40
Last Modified:	19 Jan 2026 01:40
URI:	http://repository.lppm.unila.ac.id/id/eprint/54772

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