DEKONSTRUKSI KONSEP KEPEMILIKAN (AL-MILKIYYAH) DALAM EKONOMI DIGITAL: ANALISIS FILOSOFIS STATUS ASET KRIPTO DAN NFT DALAM FIKIH KONTEMPORER

Abstract

The presence of crypto assets and NFTs in the digital economy creates confusion in the concept of ownership (al-milkiyyah) in classical Islamic jurisprudence. The root of the problem is the clash between the abstract, non-physical, and decentralized reality of digital assets and the traditional definition of mal (property) in Islam, which requires physical existence and stable value. This lack of physical existence triggers fundamental ontological problems. This study uses a library research approach. Primary data sources include classical and contemporary muamalah fiqh books and scholarly articles. The results show that: 1). From ‘Ayn to Digital: Unpacking the Concept of Al-milkiyyah in Facing the Reality of Crypto Assets is that the concept of al-milkiyyah has evolved from ownership of physical objects to ownership of decentralized digital value. Crypto assets are declared legitimate as property (mal) based on the ‘urf (customs) of the digital market, with new ownership criteria of collective recognition, scarcity, and controllability through private key cryptography. 2). NFTs and the Challenge to the Mithliyyan-Qimmiyyan Classification: A Philosophical Deconstruction in Islamic Jurisprudence (Fiqh Muamalah) is that NFTs challenge the classic Mithliyyan-Qimmiyyan dichotomy, necessitating a new category, "al-ashya' al-fardaniyyah al-raqmiyyah" (unique digital objects). This category recognizes the uniqueness of NFTs while considering their digital ecosystem, which requires detailed transparency of information in the contract to avoid ignorance (jahalah). 3). Gharar and Maysir in the Blockchain Era: A Critical Analysis of the Validity of Digital Asset Transactions in Islamic Law (Fikh Muamalah) is that the level of gharar and maysir in digital asset transactions varies depending on the project's fundamentals, transparency, and utility. The proposed evaluation framework is case-specific, distinguishing between tolerable high-risk investments and prohibited blind speculation, emphasizing the principle of prudence and community protection.