Rekonstruksi Paradigma Mal dalam Era Digital: Analisis Teoretis-Praktis Legalitas Aset Kripto Berbasis Maqashid al-Syari'ah

Abstract

The rapid development of crypto assets has challenged the classical concept of mal (property) in Islamic jurisprudence because digital assets do not possess tangible physical characteristics traditionally associated with lawful ownership. This study aims to reconstruct the paradigm of mal within contemporary fiqh by examining the legal status of crypto assets through the framework of maqasid al-shari'ah, particularly hifz al-mal, while evaluating the role of smart contracts in reducing contractual uncertainty (gharar). This study employed a qualitative normative legal approach based on literature analysis of classical fiqh, usul al-fiqh, contemporary Islamic legal scholarship, institutional fatwas, and financial regulations. The findings demonstrate that the concept of mal has evolved from a material-based understanding toward a value-oriented paradigm that emphasizes recognized benefit, scarcity, and lawful ownership. Under these criteria, crypto assets may be recognized as mal when supported by legitimate ownership, transparent governance, and productive economic purposes. Smart contracts contribute to minimizing contractual and operational gharar through automated execution and transaction transparency, although they cannot eliminate risks arising from market volatility. This study proposes a reconstructed paradigm of mal that provides a more contextual analytical framework for assessing the legality of digital assets within contemporary Islamic law.