DINAMIKA HUKUM KONTRAK DALAM FIQH MUAMALAH

ANALISIS KEABSAHAN DAN TRANSFORMASI AKAD DIGITAL PADA EKOSISTEM EKONOMI INTERNET

Abstract

The rapid development of internet-based economic activities has significantly transformed contractual relationships within contemporary society. Digital transactions, electronic agreements, and online business platforms have created new legal challenges concerning the validity and enforceability of contracts under Islamic law. This study aims to analyze the dynamics of contract law in fiqh muamalah concerning the emergence of digital contracts in the internet economy era. Employing a normative juridical approach and qualitative library research, the study examines classical fiqh literature, contemporary fatwas, electronic transaction regulations, and recent scholarly works on Islamic commercial law. The findings reveal that digital contracts fundamentally satisfy the essential elements (arkan) and conditions (shurut) of contracts in Islamic jurisprudence, including mutual consent, legal capacity of parties, lawful subject matter, and contractual certainty. The digitalization of contractual mechanisms represents a transformation of form rather than substance. Contemporary Islamic legal principles demonstrate flexibility through the doctrines of maslahah, 'urf, and maqasid al-shariah, enabling the accommodation of technological innovations without undermining fundamental Sharia principles. Nevertheless, issues concerning authentication, digital signatures, smart contracts, and consumer protection require further regulatory development. The study concludes that digital contracts are legally valid within Islamic law provided they adhere to principles of transparency, fairness, and mutual consent.