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PANDANGAN HUKUM ISLAM TERHADAP TABUNGAN EMAS DIGITAL PADA PLATFORM SHOPEE DITINJAU DARI FATWA DSNMUI NO. 77/ DSN-MUI/V/2010
The development of the digital economy has encouraged various innovations in Islamic finance, one of which is digital gold savings on the Shopee platform. The transformation of gold from physical form to digital services raises legal issues, particularly regarding the implementation of non-cash gold trading transactions, the clarity of the contract between users and service providers, the certainty of ownership of gold stored in digital form, and the fulfillment of Islamic legal principles in the practice of digital gold savings, as well as the legal certainty for users. This study aims to analyze the Islamic legal perspective on the practice of digital gold savings on the Shopee platform as reviewed in Fatwa DSN-MUI Number 77/DSN-MUI/V/2010 concerning non-cash gold sales and purchases, as well as to examine its compatibility with the principles of legal certainty using Gustav Radbruch's theory of legal certainty. This type of research is field research with a descriptive-analytical design, using a normative-empirical approach. The focus of this research is to analyze the compliance of digital gold savings practices on the Shopee platform with the provisions of DSN-MUI Fatwa No. 77 of 2010 from an Islamic law perspective, as well as to assess the legal certainty guarantee for users based on Gustav Radbruch's theory of legal certainty. The theories used are DSN-MUI Fatwa No. 77/V/2010 and Gustav Radbruch's theory of legal certainty. Primary data was collected through interviews, observations, and documentation, then analyzed descriptively and analytically to describe the mechanism of digital gold savings on the Shopee platform, contracts, and legal certainty. Data analysis in this study was conducted through content analysis and comparison between legal norms and practices in the field. The results of the study show that the practice of digital gold savings on the Shopee platform is, in principle, in accordance with the provisions of Fatwa DSNMUI No. 77/DSN-MUI/V/2010. This compliance is demonstrated by the fulfillment of the elements of clear gold ownership (tahaqquq al-milk), clarity of the object of the contract (ma‘qud ‘alaih), the existence of real underlying assets, and a transparent transaction mechanism that avoids elements of gharar and riba. From the perspective of legal certainty theory, the practice of digital gold savings on the Shopee platform also fulfills the element of legal certainty through written provisions in the terms and conditions of gold savings, which include procedures for purchasing, storing, and reselling gold, the timing of transactions, and the rights and obligations of the parties, which can be accessed by users through the Shopee application. Thus, digital gold savings on the Shopee platform can be said to be in accordance with DSN-MUI Fatwa No. 77 of 2010 and has fulfilled the elements contained in the theory of legal certainty.
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
PANDANGAN HUKUM ISLAM TERHADAP TABUNGAN EMAS DIGITAL PADA PLATFORM SHOPEE DITINJAU DARI FATWA DSNMUI NO. 77/ DSN-MUI/V/2010 (Text)
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