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All Journal Al Hurriyah : Jurnal Hukum Islam Al-fiqh : Journal of Islamic Studies
Amir Tajrid
Universitas Islam Negeri Walisongo Semarang
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Disharmony of Regulation in the Social Function of Islamic Banking in Indonesia Aisyah Kansa Pratami; Amir Tajrid; Lathif Hanafir Rifqi
Alhurriyah Vol 10 No 2 (2025): December 2025
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/al-hurriyah.v10i2.9585

Abstract

Islamic banking regulations in Indonesia have so far displayed a paradox between positive legal legitimacy and the ideals of sharia maqashid. This study examines the disharmony between positive regulation of Islamic banking and the principle of sharia maqashid in the implementation of the social function of Islamic banks in Indonesia. This study is motivated by the phenomenon of policy orientation that emphasizes administrative compliance and financial stability, while the aspects of equity and distributive justice receive less normative space. Using a historical-juridical approach and normative-interpretive analysis, this study examines the synchronization between Law No. 21 of 2008, OJK regulations, and Bank Indonesia's policies with sharia maqashid values. The results of the study show that the existing regulatory framework is not fully maqashid-compatible because it is still technocratically oriented and has not measured the social impact substantively. This study recommends the reconstruction of social function regulations based on the principles of maqashid compliance, the integration of social justice indicators into supervision instruments, and the strengthening of maqashid literacy as the foundation for the renewal of national sharia economic law.
Legitimasi Maslahat dalam Ijtihad Kalender: Studi Istiḥsān terhadap Kalender Hijriah Global Tunggal (KHGT) Jundil Ikrom; Amir Tajrid; Mahsun Mahsun
Al-fiqh Vol. 4 No. 2 (2026): Al-fiqh : Journal of Islamic Studies
Publisher : CV Global Research Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59996/al-fiqh.v4i2.1096

Abstract

This article departs from the crucial problem of the absence of a unified Hijri calendar in the Muslim world, which has led to differences in the timing of worship, uncertainty in dating, and weak socio-religious integration among Muslims. This study aims to analyze Muhammadiyah’s Global Unified Hijri Calendar (Kalender Hijriah Global Tunggal/KHGT) from the perspective of al-maṣlaḥah and istiḥsān in usul al-fiqh, and to assess the extent to which KHGT can be justified as a valid form of ijtihad. This research employs a qualitative method with a library research approach. Data were obtained from classical usul al-fiqh works, academic books, scholarly journal articles, and official Muhammadiyah documents on KHGT. The data were processed using descriptive-analytical techniques and examined normatively by positioning al-maṣlaḥah and istiḥsān as evaluative instruments. The findings show that KHGT is not merely an astronomical formulation, but also a development of Muhammadiyah’s calendar ijtihad methodology from a local orientation toward a more planned, unified, and collectively beneficial global system. From the perspective of usul al-fiqh, KHGT may be understood as a valid form of istiḥsān, particularly through the approaches of istiḥsān bi al-al-maṣlaḥah and istiḥsān bi al-qiyās al-khafī, as long as it remains within the framework of naṣṣ, maqasid al-shari‘ah, and the discipline of usul al-fiqh. This article suggests that the development of a global Islamic calendar should continue to be accompanied by stronger usul al-fiqh argumentation and dialogue among religious authorities.
Co-Authors Aisyah Kansa Pratami Jundil Ikrom Lathif Hanafir Rifqi Mahsun