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All Journal ASAS : Jurnal Hukum Ekonomi Syariah
Majdidin, Rijah Muhammad
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Religion Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

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Implementation Of The Istihsan Method In Islamic Economic Law Fauzi, Mohammad Yasir; Santoso, Rudi; Majdidin, Rijah Muhammad
ASAS Vol. 15 No. 01 (2023): Asas, Vol. 15, No. 01 Juli 2023
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/asas.v15i01.15072

Abstract

This article describes the istihsan method and examples of its application in several cases of shari'ah economic law. The approach used is an ontological, epistemological and axiological based philosophical approach which discusses the nature of istihsan, the principles of istihsan, the method of application and the impact of the istihsan method. The research method used is qualitative library research with a descriptive pattern and making the polautturats al-mu'tabaraoh as the main reference. The istihsan method was first introduced by Imam Abu Hanifah (d.767 AD) as the first absolute mujtahid imam among Muslims who managed to explore direct laws from the Al-Qur'an and Hadith. The istihsan method is basically a mujtahid with a good view of a reason in determining the legal status of a new case that has not been concretely stated in the law in the texts of the Qur'an and Hadith. In the next phase, the istihsan method received criticism from other madhab priests such as Imam Syafi'i.  However, this criticism is actually just a difference of opinion in defining the istihsan in question, which in essence there is no substantial difference between them. Istihsan is widely felt in Hanafiyah fiqh texts such as in the book of al-Mabsuth by as-sarkhasi (w.483 H). In this contemporary era, istisan is very relevant to be used, especially in determining the legal status of new cases that cannot be solved using the ushul figih method of the Syafi'iyah madhab or other schools of thought.Keywords :Istihsan, Kutubut Turats, Hanafiyah Madhab
Ojk And Dps Supervision From Sharia Economic Law Perspective Hidayat, Taufik; Majdidin, Rijah Muhammad; Nur, Efa Rodiah
ASAS Vol. 15 No. 02 (2023): Asas, Vol. 15, No. 02 Desember 2023
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/asas.v15i02.17683

Abstract

The OJK supervision system for Sharia banking can be implemented in three ways, namely providing permits, integrating all provisions, and integrating one-stop licensing. In the context of Islamic law, the OJK supervision system in Sharia banking consists of two aspects, namely providing rules and regulations related to banking management and licensing through OJK regulations, as well as direct and indirect supervision in collaboration between the OJK and the National Sharia Council (DSN) to form a Board. Sharia Supervisor (DPS) who will supervise banking compliance with the Sharia principles used.In supervising Sharia banking, OJK acts as the Al-Hisbah Institution, which is a supervisory institution that oversees market operations. The DPS formed by OJK and DSN acts as Muhtasib, which is assigned to carry out direct supervision of each Sharia bank. However, OJK only gives authority to DPS to control and assess the implementation of Sharia concepts in the Sharia banking sector and does not have the authority to provide provisions, policies, or penalties in supervising the implementation of activities in Sharia banks.To support the development of the Sharia economy in Indonesia, DPS, which acts as Muhtasib in supervising Sharia banking, needs to be given special authority apart from controlling and assessing, namely also providing policies and provisions related to licensing before and during activities in the sharia banking sector.Keywords: Sharia Economic Law, OJK, DPS, and Sharia Banking
Co-Authors Efa Rodiah Nur Mohammad Yasir Fauzi Rudi Santoso, Rudi Taufik Hidayat