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Journal : Jurnal Akta

The Strategic Role of Fatwa DSN-MUI in the Development of Islamic Banking in Indonesia: An Analysis of Banking Regulations and Products Based on the Provisions of Islamic Law Zikra, Alfiandi; Nasution, Muhammad Syukri Albani; Siregar, Ramadhan Syahmedi
JURNAL AKTA Vol 11, No 2 (2024): June 2024
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v11i2.36187

Abstract

This journal discusses the role of the Indonesian Ulema Council (MUI) and the birth of Bank Muamalat Indonesia (BMI) as the first step in the establishment of Islamic banks in Indonesia. Bank Muamalat became a pioneer, followed by other Islamic banks. The focus is on the DSN-MUI fatwa which has a strategic role in shaping Islamic banking regulations and products, especially related to the collection and distribution of funds. This research uses descriptive qualitative methods with secondary data from related journals and books. The DSN-MUI fatwa is an important guideline for Islamic financial institutions in Indonesia. The analysis reveals that DSN-MUI plays a central role in dealing with the problems of Islamic banking practices. The research presents the background of the birth of DSN-MUI, the method of fatwa determination, and various fatwa products covering banking products, capital markets, Islamic insurance, export/import, and others. There are 116 fatwas that help form the legal basis of Islamic banking in Indonesia. This study underlines the importance of synchronization between fatwa as theory and practice in the field, especially in the collection and distribution of Islamic banking funds.
Transformation of Islamic Law into a Political Historical Law Foundation Nasir, Ahmad; Nasution, Muhammad Syukri Albani; Siregar, Ramadhan Syahmedi
JURNAL AKTA Vol 11, No 2 (2024): June 2024
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v11i2.36232

Abstract

This research aims to analyze the transformation of Islamic law into the foundation of law formation in Indonesia from a historical and political perspective. By using the approaches of Neo-Receptie In Complexu Theory, Maqasid Shari'ah, Max Weber's Socio Legal, and Constructivist Ijtimai Theory, this research identifies the dynamics of political configuration between governments and their influence on the formalization of Islamic law in Indonesia. The main focus is on how Islamic sharia changes from symbolic to substantive in the national legal framework. The method used is qualitative analysis with a historical and political approach, integrating legal and social theories. Literature and document studies were also involved for an in-depth understanding of the topic. The results show that the formalization of Islamic sharia in Indonesia is strongly influenced by the changing political configuration throughout history, starting from the era of Islamic kingdoms, colonialism, to reform. The shift from symbolic to substantive Islam allowed for wider participation of Muslims in socio-political life, reflecting a shift towards inclusiveness without threatening diversity and national unity. The transformation of Islamic law into positive law in Indonesia is the result of a dynamic process influenced by historical and political contexts. Constructivist Ijtimai Theory, with its focus on inclusive dialog and community participation, provides a framework for understanding and promoting this transformation. The research suggests that to achieve substantive Islamic political goals, Islamic political activists should adopt an inclusive approach, utilizing all channels including the bureaucracy in voicing their political aspirations.