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All Journal Jurnal AL-AHKAM EKONOMIKA45
Elfia Elfia
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Religion Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

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Pemikiran Muhammad Syahrur tentang Wasiat Elva mahmudi; Elfia Elfia
Jurnal AL-AHKAM Vol 10, No 2 (2019)
Publisher : UIN Imam Bonjol Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15548/alahkam.v10i2.1858

Abstract

Muhammad Syahrur viewed the ulama’s understanding of testaments as being very raw and stagnant so that it did not provide room for movement in resolving later cases. Therefore he suggests new ideas related to the testament which would symbolize that the Koran was indeed “shâlihun lî kulli zamân wa makân”. Syahrur sees the position and application of the testament more than the inheritance. The istinbath method of the Shahrur law is only of two kinds, which are sourced from the Koran and the Sunnah. The difference in views of Shahrur is based on his views on the Koran and the Sunnah which are different from the majority of scholars. In studying the Koran he also relied on sever- al approaches namely: linguistic, philosophical and intra-textual. The thought brought by Syahrur was in contradiction with classical scholars. Therefore, Syahrur’s opinion cannot be freely adopted in responding to the reality of fiqh today and is not one of the forms of renewal of Islamic law. However, what Syahrur did in the testament issue must not all be rejected outright, but there are parts that can be adopted in applying the will law.
Genealogi Hukum Ekonomi Islam Bottom-Up: Dari Praktik Perdua dan Jual Janji ke Skema Pembiayaan BRK Syariah Bobby Ferly; Asasriwarni Asasriwarni; Ikhwan Ikhwan; Salma Salma; Elfia Elfia
EKONOMIKA45 :  Jurnal Ilmiah Manajemen, Ekonomi Bisnis, Kewirausahaan Vol. 13 No. 1 (2025): Desember : Jurnal Ilmiah Manajemen, Ekonomi Bisnis, Kewirausahaan
Publisher : Fakultas Ekonomi Universitas 45 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30640/ekonomika45.v13i1.5191

Abstract

The discourse of Islamic economic law in Indonesia often highlights the tension between a textualist (top-down) approach and a sociological reality (bottom-up). This study traces the genealogy of Islamic economic law in Riau Province through a bottom-up approach, with a focus on the full conversion of PT Bank Riau Kepri (BRK) into an Islamic bank. This conversion was driven by regional policies and Malay-Islamic cultural identity based on the principle of "adat berandi syarak". This research fills the gap in the literature that tends to focus on formal compliance, by examining the socio-legal origins of Islamic banking products. Through qualitative methodology and three theoretical pillars—legal genealogy, the concept of living law, and the principle of 'urf in ushul fiqh—this study traces the evolution of local customary practices such as perdua (agricultural revenue sharing) and promiscuity (conditional buying and selling as an informal loan) into BRK Syariah formal financing products. The results of the analysis show that the value of partnership and risk sharing of the two is manifested in the muzara'ah and musharakah schemes, while the asset-based financing function of selling promises is refined into murabahah and musharakah mutanaqisah products. This study concludes that BRK Syariah products are the result of a contemporary synthesis between fiqh and living customary law, reflecting the privatization of Islamic economic law based on Riau Malay local wisdom.
Co-Authors Asasriwarni Asasriwarni Astriana Napirah Bobby Ferly Elva mahmudi Ikhwan Ikhwan Nuraini Nuraini Salma Salma