Tanggapan Kritis atas Pemikiran Volker Nienhaus tentang Hukum Ekonomi Syariah: Sebuah Analisis Perbandingan dengan Sistem Ekonomi Pasar Sosial

Abstract

This study aims to provide a critical response to Volker Nienhaus’s thoughts on Islamic economic law by analyzing them in comparison with the social market economy (soziale Marktwirtschaft) system developed in Germany. Nienhaus, as a Western scholar with a strong focus on Islamic economics, offers both critiques and appreciations regarding the normative structure and practical application of Islamic economic law in the modern context. This research employs a qualitative approach through an in-depth literature review of Nienhaus’s works, legal texts on Islamic economic law, and the core principles of the social market economy. The analysis reveals that Nienhaus highlights the importance of consistency between the normative principles of Sharia and their practical implementation, particularly in relation to social justice, wealth distribution, and market mechanisms. On the other hand, the social market economy provides a strong institutional framework for balancing free markets and social protection. The study concludes that there are points of convergence between the two systems in terms of economic ethics, distributive justice, and the role of the state in economic oversight, although fundamental differences lie in the sources of values and theological orientations of each system. This research is expected to enrich cross-paradigm discourse between Islamic economics and modern economic systems grounded in social values.