Tawazun: Journal of Sharia Economic Law
Vol 1, No 2 (2018): TAWAZUN : Journal of Sharia Economic Law

Fleksibelitas Hukum Ekonomi Syariah

Murtadho Ridwan (Institut Agama Islam Negeri Kudus)



Article Info

Publish Date
30 Sep 2018

Abstract

This study aims to examine the flexibility of Islamic law in general and the flexibility of Islamic law in particular. This study is a literature review. Data is collected from various works that have been produced by the scholars and analyzed descriptively. The results of the study show that in general, Islamic law is divided into two types; First, Islamic law is static (fixed) and will not change, this type of law is based on Nash qath'i. Second, Islamic law that is flexible (dynamic) that can change according to the demands of the times, this type of law is based on the results of ijtihad. Many flexible laws are found in the law of muamalat (Islamic economics) and this has happened since the beginning of Islam. There are many examples of the flexibility of Islamic economic law, including: Umar stopped distributing the land from the war, even though the Messenger of Allah had distributed the land; Umar stopped the portion of the zakat property for the convert group even though they belonged to eight groups who were entitled to receive zakat shares; Umar made a policy to excise non-Muslim traders as big as Usyur (10%) and Dzimmah Expert traders by 5% when they entered the Islamic region; and Umar founded the Diwan (Baitul Mal) even though it never existed at the time of the Prophet.

Copyrights © 2018






Journal Info

Abbrev

tawazun

Publisher

Subject

Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

Description

Tawazun : Journal of Sharia Economic Law (P-ISSN:2655-9021, E-ISSN:2655-9579) first appeared in March 2018. This Journal based on scientific research published twice a year, March and September. The editorial board receives articles from researchers, educators and observers about sharia economic law ...