Akad Dalam Sebuah Transaksi

Studi Fatwa DSN-MUI dan Kaidah Fikih Muamalah

Abstrak

This study aims to examine the role of contracts (akad) in transactions from the perspective of DSN-MUI fatwas and Islamic legal maxims (fiqh al-muʿāmalāt). Contracts serve as a fundamental pillar in determining the validity, fairness, and Sharia compliance of financial transactions. This research employs a qualitative method with a normative approach, relying on literature review of fiqh al-muʿāmalāt, DSN–MUI fatwas, and previous studies. The findings reveal that DSN–MUI fatwas play a crucial role in providing legal certainty and standardizing contracts within Islamic financial institutions, thereby addressing the needs of contemporary transactions. Meanwhile, Islamic legal maxims serve as guiding principles to ensure that contracts avoid prohibited elements such as riba, gharar, and maysir, while promoting justice, mutual consent, and transparency. However, the study also identifies a gap between theory and practice, as contract implementation is often reduced to administrative formalities without fully embodying the spirit of Sharia principles. The main challenges include limited public literacy, human resource competence, and adaptation to modern financial innovations. This research concludes that contracts in transactions should not only be seen as legal-formal requirements but also as ethical instruments that embody fairness and compliance with Sharia