Jurnal Kajian Hukum dan Sosial
Vol 20 No 1 (2023)

The Authoritativeness of Fatwa: A Study of Sharia Banks' Compliance with the DSN-MUI Fatwa on Fund-Raising

Abdul Mun'im Saleh (Faculty of Sharia IAIN Ponorogo)
Rizqi Jauharotul Amalia (Postgraduate Program IAIN Ponorogo)
Khoirul Fathoni (Faculty of Sharia INSURI Ponorogo)



Article Info

Publish Date
14 Jul 2023

Abstract

This article investigates the background of Bank SS Syariah Jatituwo Branch Office's decision to launch the Protab program, which conflicts with Fatwa No. 86/DSN-MUI/XII/2012 of the Indonesian Ulema Council (DSN-MUI) concerning Gifts in Fundraising for Islamic Financial Institutions. The decision in the case of Bank SS Syariah Jatituwo raises questions about the DSN-MUI Fatwa's binding power over Islamic financial institutions in Indonesia. The information in this research gathered from the leaders and officials of Bank SS Syariah Jatituwo was analyzed using the theory of fatwa in Islamic legal thought and the role of the DSN-MUI Fatwa in the Indonesian national legal system. This study concludes that the position of a non-binding fatwa is correct according to Islamic law. This, however, violates the direction of positive law in Indonesia, which in principle gives the DSN-MUI Fatwa binding power and requires Bank Indonesia to transform the material for the DSN-MUI Fatwa, which contains sharia principles regarding sharia economy and finance, into material content of statutory regulations. have legal and binding force. Because these requirements have not been made the standard in laws and regulations and have only been appointed in concept, the Director of Bank SS Syariah Jatituwo uses loopholes to disagree with fatwas and laws.

Copyrights © 2023






Journal Info

Abbrev

justicia

Publisher

Subject

Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

Description

The journal aims to advance knowledge in Islamic legal studies within Muslim societies from various perspectives, enriching both theoretical and empirical research. It covers a range of subjects, including in-depth studies of living law in Muslim communities, legal negotiations on human rights, and ...