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All Journal Al-Muamalat : Jurnal Ekonomi Syariah Familierecht
Fadli Daud Abdullah
Institut Miftahul Huda Subang
Humanities Economics, Econometrics & Finance Social Sciences

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Murabahah in Contemporary Islamic Banking: An Analysis of the Maudhu’i Hadith in the Indonesian Context Fadli Daud Abdullah; Hamdan Fathurrahman; Helmina; Doli Witro; Dindin Saepudin
Al-Muamalat Vol. 12 No. 2 (2025): July
Publisher : Department of Sharia Economic Law, Faculty Sharia and Law, UIN Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/am.v12i2.45451

Abstract

This study aims to examine the practice of Murabahah contracts in Indonesian Islamic banking through a Maudhu’i approach to the hadith of the Prophet Muhammad, as a response to concerns about ethical deviations. Although Murabahah is commonly used as a financing instrument, this study assesses its normative and applicative suitability with the principles of hadith. The method employed is a qualitative descriptive-analytical analysis of 4 main hadiths and 42 supporting hadiths from Imam al-Bukhari, Nasa’i, and other Rawi. The results of the study indicate that the principles of Murabahah, such as price clarity, ownership of goods, and mutual agreement, have a strong foundation in authentic hadith, particularly Bukhari No. 1926 and Nasa’i No. 4571. Three main themes were identified: justice and willingness, the validity of deferred payment (nasi’ah), and the prohibition of gharar and hidden usury. In principle, Murabahah is permissible, but its implementation often violates the valid conditions of the contract. This study emphasises the importance of hadith literacy for industry practitioners and the role of the Sharia Supervisory Board (DPS). The implications are the need for standardisation of digital contracts and harmonisation of bank operations with hadith values to ensure the conformity of Murabahah with the objectives of Sharia law.
The Metamorphosis of Family Law in Turkey: Navigating between Maslahah and Religious Authenticity Ahmad Faridz Anwar; Fadli Daud Abdullah; Anne Agnia Nurhasanah; Arif Maula; Jupita Sekar Arum
Familierecht: Jurnal Hukum Keluarga dan Ilmu Syari'ah Vol. 1 No. 1 (2025): Familierecht
Publisher : Sekolah Tinggi Agama Islam Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69879/rva7dg97

Abstract

This study explores the metamorphosis of family law in Turkey in response to ongoing social dynamics and the tension between maslahah (public interest) and religious authenticity. The background of this study lies in Turkey's radical transition from the Ottoman legal system, rooted in Hanafi jurisprudence, to the adoption of the Swiss Civil Code in 1926, which marked a decisive shift toward secularization. The primary objective is to examine how Turkish family law reforms integrate modern legal values, such as gender equality and social justice, while navigating Islamic legal principles. Using a qualitative normative approach, the study employs historical and comparative analysis of legal texts, codifications, and reform trajectories. The results show that the reforms addressed issues such as the prohibition of polygamy, equal distribution of inheritance, women's right to marry without a guardian, annulment and nullification of marriages, divorce regulations, and compensation mechanisms. The findings demonstrate that Turkish legal reforms embodied a dual dimension: law as a passive response to evolving social dynamics, and law as an active instrument of social engineering. The implication is that the Turkish experience illustrates the possibility of harmonizing Islamic law through ijtihad with modern legal frameworks, ensuring relevance to contemporary needs while maintaining the foundations of religious authenticity.
Co-Authors Ahmad Faridz Anwar Anne Agnia Nurhasanah Arif Maula Dindin Saepudin Doli Witro Hamdan Fathurrahman Helmina Jupita Sekar Arum