PROBLEMATIKA KEPATUHAN SYARIAH DALAM TRANSAKSI EMAS DIGITAL TERHADAP KEABSAHAN AKAD DAN LARANGAN RIBA DI KABUPATEN BIMA

Abstract

This study examines the problematic of Sharia compliance in digital gold transactions with respect to the validity of akad (contract) and the prohibition of riba in Bima Regency, West Nusa Tenggara Province, Indonesia. The rapid proliferation of financial technology platforms offering gold-based digital investment instruments has generated substantial debate among Islamic legal scholars regarding the permissibility of such transactions under the principles of fiqh muamalah. Employing a mixed-method approach that integrates normative-juridical analysis with empirical socio-legal investigation, this research systematically maps the structural incongruences between the operational mechanics of digital gold platforms and the doctrinal requirements of bay' al-sarf, bay' al-wafa', and the condition of taqabud (immediate possession). Data were collected through semi-structured interviews with 45 informants comprising Islamic scholars (ulama), regulators from the Otoritas Jasa Keuangan (OJK), platform operators, and retail consumers in Bima Regency between August and December 2024. The findings reveal that the majority of digital gold platforms operating within the regency fail to satisfy the requisite conditions of immediate mutual delivery (taqabud haqiqi), thereby exposing transactions to the prohibition of riba al-nasi'ah and gharar (uncertainty). Furthermore, the absence of standardized Sharia supervisory mechanisms at the regional level exacerbates compliance gaps. This research contributes novel empirical evidence from a peripheral Muslim-majority regency, offering theoretical advancements to the discourse on Islamic fintech governance and practical recommendations for regulatory reform at both the national and subnational levels.

Keywords : Digital Gold; Sharia Compliance; Akad; Riba; Fintech; Bima Regency