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All Journal El-kahfi : Journal of Islamic economics Amwaluna: Jurnal Ekonomi dan Keuangan Syariah
Eka Rahayu, Annisa
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Economics, Econometrics & Finance Social Sciences

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Sharia Economic Law Criticism on Muhammad Syahrûr’s Hudûd Theory Regarding Bank Interes Eka Rahayu, Annisa; Kamaludin Yusup, Deni; Athoillah, Mohamad Anton; Hakim, Sofyan Al
Amwaluna: Jurnal Ekonomi dan Keuangan Syariah Vol. 8 No. 2 (2024): Amwaluna: Jurnal Ekonomi dan Keuangan Syariah
Publisher : UPT Publikasi Ilmiah UNISBA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29313/amwaluna.v8i2.3949

Abstract

n modern economics applied by conventional financial institutions, the interest system is inseparable. Economic system based on sharia principles emerged as a solution to riba-based (usury-based) transactional activities, which in sharia economic law is in the khilafiyyah (dissent) territory amongst scholars regarding whether the conventional bank interest is riba which is prohibited by Islamic law. A figure named Muhammad Syahrûr came up and offered his theory of limits (nazhariyyah al-hudûd) in providing riba limitations in the Quran. This research aims to describe M. Syahrûr's thoughts on bank interest based on his theory of limits, and to analyze it based on the review of sharia economic law (fiqh muamalah mâliyyah). this reseach is understood as a literary study research which is a research on secondary materials. The type of data used in this research is secondary data, which is literature focusing on the thoughts of a figure, which is Muhammad Syahrûr.The result of the research shows that Muhammad Syahrûr's opininion that allows the practice of bank interest based on his theory of limits (nazhariyyah al-hudûd) is a marjûh (weak) opinion, since it is not supported by valid arguments and it also contradicts the opinions of the jumhur ulama (the majority of the scholars).
The Application of the Al-Tasharruf Principle in Sharia Economic Law (Mu'âmalah Mâliyyah) Adam Agus Putra, Panji; Eka Rahayu, Annisa
El-kahfi | Jurnal Ekonomi Islam Vol 5 No 02 (2024): economics and islamics economics
Publisher : Sekolah Tinggi Ekonomi Syariah Manna Wa Salwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58958/elkahfi.v5i02.327

Abstract

Legal maxim (al-qawâ'id al-fiqhiyyah) have a function as a tool in carrying out the process of exploring and determining Islamic law. The laws that continue to develop along with the times are sharia economic law. The emergence of contemporary problems requires Islamic legal experts to respond to these problems. The rules of fiqh here have a significant role and function to solve the problems of sharia economic law. One of the economic problems that needs to be responded to is related to legal actions or what is called tasharruf. This research aims to understand the concept of tasharruf and its application in sharia economic law (mu'âmalah mâliyyah). The approach method in this research uses a normative juridical approach. This research is classified as library research and the type of data used is secondary data. The data analysis method in this research is qualitative. The results of the research show that using tasharruf, the ulama have formulated legal maxim. There are at least 5 (five) legal maxim related to tasharruf and these rules function as a basis for transaction activities and are relevant for application in sharia economic law activities.
Co-Authors Adam Agus Putra, Panji Athoillah, Mohamad Anton Kamaludin Yusup, Deni Sofyan Al-Hakim