Studi Komparatif Hukum Islam dan Hukum Nasional dalam Pengaturan Waris: Perspektif Fiqih dan Perundang-undangan di Indonesia

Abstrak

This study examines the influence of fiqh understanding on Sharia compliance in Islamic business practices in Indonesia. The research background stems from the rapid growth of the Islamic industry, which still faces challenges in bridging the gap between normative knowledge and operational implementation. The study employs a mixed-methods explanatory sequential design, combining quantitative surveys of 350 Islamic business actors (banking, fintech, MSMEs, capital markets, and insurance) with qualitative in-depth interviews of 15 key informants (practitioners, Islamic economics scholars, and regulators). The research objectives are to: (1) measure the relationship between fiqh understanding and Sharia compliance, (2) identify supporting and inhibiting factors in implementation, and (3) formulate evidence-based policy recommendations. The results demonstrate that fiqh understanding has a significant positive influence on Sharia compliance (r = 0.72; p < 0.01), contributing 51.8% to compliance variation. The Islamic banking sector recorded the highest compliance rate (82%), while MSMEs ranked lowest (54%). Qualitative analysis revealed three key findings: (1) knowledge-practice gaps (68% of respondents), (2) the effectiveness of continuous education in improving compliance (25-40%), and (3) structural barriers such as lack of mentoring (45%). This study provides theoretical contributions by reinforcing the Theory of Planned Behavior in Islamic economics contexts and practical implications through recommendations for developing contextual fiqh modules, strengthening Sharia oversight, and structured mentoring models