ANALISIS YURIDIS TERHADAP KEPASTIAN HUKUM AKAD ELEKTRONIK DALAM TRANSAKSI SYARIAH

Abstract

Abstract

The development of digital technology has driven transformation in economic transaction The development of digital technology has encouraged the emergence of electronic contracts in sharia transactions, raising issues related to legal certainty and validity. This study aims to analyze the legal certainty of electronic contracts in sharia transactions from the perspectives of positive law and sharia economic law. This research employs a normative legal method with a library research approach through the analysis of laws and regulations, literature, and scientific journals. The results indicate that electronic contracts have valid legal force under Indonesian positive law and can be considered valid under sharia economic law as long as they fulfill the pillars and conditions of a contract. However, legal certainty remains constrained by the absence of specific regulations governing sharia-based electronic contracts. Therefore, regulatory harmonization is necessary to establish legal certainty in digital sharia transactions.

Keywords: electronic contracts, legal certainty, sharia transactions, sharia economic law.