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Islamic Banks: Analysis of the Rules of Fiqh on the Fatwa of the National Sharia Board-Indonesian Ulama Council Mahmud Yusuf; Hasanudin Hasanudin; Fathurrahman Azhari; Muhammad Rahmani Abduh; Sri Ana Farhanah
International Journal of Law, Environment, and Natural Resources Vol. 3 No. 1 (2023): April Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v3i1.44

Abstract

Both directly and indirectly, Sharia banking regulations in Indonesia are heavily influenced by the Fatwa of the National Sharia Council-Indonesian Ulema Council. In its fatwas, the National Sharia Council-Indonesian Ulema Council cites many fiqh principles as one of its legal foundations which shows that fiqh rules occupy a crucial position in the fatwas issued by the National Sharia Council-Indonesian Ulema Council. But unfortunately, research and scientific studies related to fiqh principles are currently still relatively few and receive less attention from academics. Therefore, this study aims to find out how fiqh principles are used in the National Sharia Council-Indonesian Ulema Council fatwas related to sharia banking to fill the void in scientific studies and attract scientific interest in this field. This research is normative legal research/legal research. The data used in this study were obtained from the Sharia Banking Fatwa Association compiled by the National Sharia Council-Indonesian Ulema Council. The data is then analyzed using a qualitative content analysis technique, which analyzes the contents of various texts and then systematically transforms them into a very organized and concise main summary. The results of this study indicate that from 2000 to 2018, the National Sharia Council-Indonesian Ulema Council issued 90 fatwas related to Islamic banking. Of the 90 fatwas, 87 fatwas used fiqh principles as one of their legal foundations. Overall, the fiqh principles used in the National Sharia Council-Indonesian Ulema Council Fatwa regarding Islamic banking total 39 principles with a frequency of use of 266 times. Where the rule "Basically, all forms of muamalah may be carried out unless there is an argument that forbids it" is the rule most often used with a frequency of use of 85 times and Fatwa 118/DSN-MUI/II/2018 concerning Guidelines for Guaranteeing Deposits for Customers of Sharia Banks is a fatwa that the most use of fiqh rules is as many as 11 rules. Then, the generalization of the 39 fiqh principles used in the National Sharia Council-Indonesian Ulema Council Fatwa regarding sharia banking has at least produced several theories, namely the theory of origin law, the theory of maslahat, the customary theory, the Khilafah theory, the wasilah theory, the promise theory, the majority theory, and several another theory. In addition, the National Sharia Council-Indonesian Ulema Council fatwas related to sharia banking has also made a positive contribution to the development of sharia banking in Indonesia. Finally, for future researchers, we provide suggestions in the form of future research related to the principles of fiqh and the National Sharia Council-Indonesian Ulema Council Fatwa.
Green Economy Financing According to Fiqh Al-Biah as Part of Maqashid Sharia Mahmud Yusuf; Fathurrahman Azhari; Fahmi Al Amruzi; Muhammad Maulidi Ihsan Wahidi; Sri Anafarhanah
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 21 No. 1 (2022): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v21i1.2725

Abstract

Economic development in the 20th century had a huge impact on the sustainable development of mankind. On the other hand, however, it has a negative impact on living ecosystems. In many aspects such as the orientation of the interests of sustainable development, the economy and the environment are considered as two opposing aspects. Sustainable Development Based on this, a relatively new concept emerged, namely the green economy. The green economy is a concept that supports human well-being and cares about environmental and ecosystem sustainability in economic development. But on the negative side, economic development can also have an impact on the reduction of natural resources through over-exploitation, industrial pollution, oil, water, and air pollution due to flooding, and the impact on climate change. Islam has an ideal concept of sustainable development. At least there are fundamental rules for supporting sustainable development, namely the implementation of fiqh al-bi'ah based on maqashid sharia for the management of Islamic resources in the economy. Islam has an ideal concept of sustainable development. At least there are basic rules to support sustainable development, namely the application of fiqh al-bi'ah based on maqashid Sharia law to manage Islamic resources in the economy.