Qonita, Nuha
Fakultas Syariah

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THE EMERGENCE OF LEGAL SYSTEM IN ISLAMIC FINANCE Qonita, Nuha
Jurisdictie: Jurnal Hukum dan Syariah Jurisdictie: Vol. 9, No. 1 (2018)
Publisher : Fakultas Syariah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j.v9i1.5136

Abstract

Legal system and jurisdiction take an important role in developing system or product innovation. The principle of Islamic financial transaction is recently elaborated in different frames of finance. It describes the challenge of Islamic finance in several countries which is linked with the perspective of stakeholders, consumer, industry, and the existing regulation. Various problems and recent decision making concept should be solved properly. This article aims to re-emphasize the rationality of Islamic finance regulation adjusted with consumer’s need. In some points, this study is used as the analysis on Islamic finance regulation. This is a study case categorized in qualitative research. The in-depth analysis is done on the basis of legal appeal in the court of Indonesia and is referred to Indonesian law about Islamic finance.
POSITIONING ISLAMIC LEGAL THEORY IN THE DEVELOPMENT OF ISLAMIC FINANCE Qonita, Nuha
Jurisdictie: Jurnal Hukum dan Syariah Jurisdictie: Vol. 10, No. 1 (2019)
Publisher : Fakultas Syariah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j.v10i1.7034

Abstract

Islamic finance continues to grow over the world, the development of technology plays a crucial role to support Islamic finance. The great innovation of technology may come to dig up the potential of Islamic financing, yet digital system needs for sharia compliance, both are in similar needs for sharia overviews regardless different opinions of ijtihad in this modern time. Emphasizing case by case of Islamic finance has been done by the sharia scholars in producing the new product of Islamic banking and financing. The Islamic jurisprudence however should consider the substence and maqasid form of sharia. The objective of this paper is to enlight some vital parts of Islamic legal theory as part of Islamic law in implementing sharia compliance. Furthermore, provide the role of legal system which takes a crucial place in implementing the system, it should be harmonized in the existing condition of Islamic finance. This paper is qualitative methods with deep analysis on Islamic legal theory among muslim scholars.