Implementation of the Rule of Al-'Ādatu Muḥakkamah in the Practice of Buying and Selling Transactions in MSMEs in Arjosari Village, Arjosari District, Pacitan Regency

Abstract

Micro, Small, and Medium Enterprises (MSMEs) play an important role in community economic activities, particularly through everyday buying and selling transactions. MSME transactions are not always based on written agreements but are also influenced by customary practices, trust, and verbal agreements between sellers and buyers. In Islamic law, customs that meet Sharia requirements may be considered in legal reasoning through the maxim al-‘ādatu muḥakkamah. This study aims to analyze customary buying and selling practices among MSMEs in Arjosari Village, Arjosari District, Pacitan Regency, and assess their implementation from the perspective of Islamic economic law. The research is designed as qualitative empirical legal research. Primary data will be collected through interviews, observation, and documentation, while secondary data will be obtained from Islamic jurisprudence, Islamic economic law literature, legislation, and relevant scholarly publications. The analysis employs the concepts of valid custom (‘urf ṣaḥīḥ) and invalid custom (‘urf fāsid), together with the principles of mutual consent, honesty, fairness, contractual clarity, and consumer protection. Normatively, custom may help interpret agreements, establish mutually understood transaction standards, and support dispute resolution. However, custom cannot justify fraud, concealment of defective goods, harmful contractual uncertainty, or practices that contradict Sharia principles. Identifying the customs actually practiced by MSMEs in Arjosari Village requires verification through field research. This study is expected to contribute to the development of Islamic legal maxims in commercial transactions and promote fairer, more transparent, and Sharia-compliant MSME practices.