Ḥiyal dalam Inovasi Keuangan Syariah

Fakhrina, Agus (2022) Ḥiyal dalam Inovasi Keuangan Syariah. In: Konsorsium Online dengan Tema "Hiyal dalam Inovasi Keuangan Syariah", 20 Januari 2022, online. (Unpublished)

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Abstract

This study aims to explore the use of ḥiyal to develop Islamic finance in Indonesia.As we know that the development of Islamic finance is not free from criticism due to the authoritative institution to to do it, like Sharia National Board – Indonesian Council of Ulama (DSN-MUI), arrange the transaction or contract to be valid according to Islamic law. This arrangement is viewed by many critics as ḥiyal, so it is interesting to examine. The fatwas issued by the DSN-MUI in 2000 - 2017, as well as the works of classical fiqh scholars related to ḥiyal are collected as primary data. Content analysis is used to understand and construct ideas, and substance in the fatwas of DSN-MUI text related to ḥiyal as makhārij fiqhiyyah. The results showed that the forms of ḥiyal as in the fatwas of DSN-MUI as an effort to avoid ribā include the use of goods, benefits of goods, services and promises as a medium for profit creation. It is done to give solution that is free from ribā in order to make some innovation in Islamic finance.

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