RECONSTRUCTION OF AGREEMENTS IN THE GIG ECONOMY ECOSYSTEM THROUGH ISLAMIC LEGAL AND IJARAH APPROACHES

Abstrak

This research is motivated by the limitations of previous studies that primarily highlighted the weaknesses of the gig economy without offering solutions based on Islamic economics. The aim of this study is to analyze the working system of the gig economy through the lens of the ijarah contract within civil law. This research employs a qualitative method with a descriptive-analytical library research approach. A contextual approach based on Islamic economic principles and philosophical insights is used to understand the dynamics of flexible work and assess its relevance to the principles of justice, maslahah (public interest), and the protection of rights. The study finds that the most relevant contract to reconstruct the working relationship between gig workers and digital platforms from the perspective of Islamic law is the ijarah al-a’mal contract. The characteristics of the gig economy, which are service-based and lack formal work structures, affirm its compatibility with the ijarah model rather than other contracts such as musyarakah, mudharabah, or wakalah. Although the pillars of ijarah are formally fulfilled, its practice still reveals issues of fairness, clarity, and mutual consent. Therefore, reconstruction based on maqāṣid al-syarī‘ah is necessary. Further research is needed to explore in depth the legal role of digital platforms whether as intermediaries, guarantors, or independent parties in ijarah contracts.