Ulul Albab: Jurnal Studi Islam
Vol 18, No 2 (2017): Islamic Law

TIPOLOGI MULTIAKAD DALAM PRODUK FATWA DEWAN SYARIAH NASIONAL-MAJELIS ULAMA INDONESIA PERSPEKTIF TEORI DAN BATASAN MULTIAKAD AL ‘IMRANI

Arfan, Abbas (Unknown)



Article Info

Publish Date
31 Dec 2017

Abstract

Multi-contract theory or hibryd contracts (al ‘uqud al murakkabah) is one of the new theory in contemporary Islamic jurisprudence and among academicians who did a study about the multi-contract in fiqh perspective is Abdullah bin Muhammad bin Abdullah al ‘Imrani. Some fatwa products of NSB-IUC also used this multi-contract theory. This research type is qualitative with descriptive-qualitative and descriptive-quantitative method, the retrieval data technique with a literature review to research multi-contract typology in NSB-IUC fatwas perspective al ‘Imrani multi-contract theory and its limits. The conclutions of this research are: (1) among five typology multi-contract perspectives al ‘Imrani multi-contract theory only found two kinds of multi-contract in NSB-IUC’s fatwas, which are first; mutaqabilah (totalled by 7 or 31.8%) and second; mujtami’ah (totalled bt 15 or 68.2%), while third (mutanafiyah), fourth (mukhtalifah), and fifth (mutajanisah) each of them are 0, which means no (0%) multi-contract with those three typologies; (2) as for multi-contract typology in NSB-IUC’s fatwas, it is al ‘Imrani multi-contract perspective limits which means all multi-contract does not contradict al ‘Imrani multi-contract limits, therefore it is allowed by Sharia, but there are some alternative multi-contract in fatwa products wich kind of doubtful (syubhat), moreover it could lead us to riba, like Pembiayaan Rekening Koran Syariah (PRKS) transaction especially in two multi-contract options, which are: wakalah-murabahah and wakalah-qardh.

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Journal Info

Abbrev

ululalbab

Publisher

Subject

Religion Arts Humanities

Description

ULUL ALBAB Jurnal Studi Islam (ISSN 1858-4349 and E-ISSN 2442-5249) is the journal published biannually by Universitas Islam Negeri Maulana Malik Ibrahim Malang. The journal puts emphasis on aspects related to Islamic studies, with special reference to Islamic law, Islamic education, Islamic ...