Konsep Istishab Menurut Imam As-Subki dan Penerapannya pada Transaksi Jual Beli Digital

Abstract

Istishab is a method of establishing law in ushul fiqh that serves to maintain the original legal provisions until valid sharia evidence emerges to change them. According to Imam as-Subki, istishab emphasizes the principle that the original law remains valid as long as no valid evidence is found to invalidate it. This concept is relevant in responding to the dynamics of modern economic transactions, especially digital-based buying and selling which are developing rapidly along with technological advances. This study aims to examine the concept of istishab according to Imam as-Subki and analyze its application in digital buying and selling transactions, including e-commerce, digital wallets, and the QRIS payment system. This study is library research with the main sources being Imam as-Subki's works on ushul fiqh, specifically the book *Al-Ibhaj fi Syarh al-Minhaj*, as well as contemporary muamalah fiqh literature discussing digital transactions. The results of the study indicate that the principle of istishab can be applied to various forms of digital transactions. In e-commerce, istishab affirms the validity of online sales contracts as long as the pillars and conditions are met, despite the potential for gharar (unclear risk) due to unclear product descriptions. In digital wallets, istishab maintains balance ownership status until a legitimate deduction is proven, although gharar elements can arise from unclear fees or system disruptions. Meanwhile, in QRIS payments, transactions are considered valid as long as they are properly recorded and verified, although there is still a risk of gharar due to nominal errors, technical disruptions, or unclear transaction status.