Aplikasi Maqasid Asy-Syari‘ah Pada Sistem Keuangan Syariah

Abstract

Maqas'id asy-shari’ah is relevant koredor as a basis for the development of the system, practice, and sharia banking products. The order of maqas'id asy-shari’ah is the way the light for the journey of <br />sharia banking in answer the question dynamic based on the common good and welfare. The concept of Islamic economy is a prerequisite that must be developed further, not only in the conceptual overtones teapi also in practical overtones, especially in the practice of sharia banking. Islam has been providing textual sources that adequate to provide <br />limitations prioritising man, but it is not enough if not balanced with social inferensi. The theory maqas'id asy-shari’ah in the study of the Islamic economy is a step forward in the development of Islamic economic model that most ideal. This is because the maqas'id asyshari’ah can be used as the tool to help resolve the argument in specify a law in order to achieve the goal of shortening the law.

The Importance of Maqashid Sharia as a Theory In Islamic Economic Business Operations

“…Receiving or requesting bribes must be criminalized because it is based on disloyalty behavior. Fraud and perjury have subtle differences with our moral norms towards deception and lying (Bisnia, 2007;Sahroini & Karim, 2016;Zaki & Cahya, 2015). There are two witnesses to the ta'adudi (crime), namely: a predetermined sentence (had) such as a penalty against theft (sariq).…”

“…The implementation of maqashid sharia can be seen from the relation of maqashid sharia to the daily life of the society especially in the aspect of business (buying and selling). Buying and selling is one type of economic transaction, Islam as a religion of rahamatan lil 'alamin (a mercy to all creation) is also discussed the things related to buying and selling transaction according to the provisions of shari'a (Depkpos, 2018;Zaki & Cahya, 2015).…”

“…Maqashid sharia is not only necessary to formulate macroeconomic policies (monetary, fiscal, public finance), but also to create sharia banking and financial products and other microeconomic theories. Maqashid sharia is also important in making the regulation of Islamic banking and Islamic financial institutions that are currently in force in the community (Mysharing, 2018;Zaki & Cahya, 2015).…”

“…In the acceleration of the development of Islamic economics and finance in the contemporary era, there are many problems raising, such as hedging (swap, forward, options), margin during contruction (MDC), profit equalization reserve (PER), trade finance and all of its problems, many of hybrid contracts cases, money market inter bank instrument, sukuk schemes, repos, syndicated financing of sharia banks or conventional loans, restructuring, indent property financing, ijarah maushufash fiz zimmah, hybrid take over and refinancing, forfeiting, overseas financing, unscured loan (Kredit Tanpa Agunan, KTA schemes), multipurpose financing, restructuring, indent property financing, ijarah maushufash fiz zimmah, hybrid take over and refinancing, forfeiting, overseas financing, KTA schemes, multi-purpose financing, restructuring, indentional property financing, ijarah maushufash fiz zimmah, hybrid take over and refinancing, forfeiting, overseas financing, KTA schemes, multipurpose financing, credit card design, ijarahmaushufashfizzimmah, hybrid take over and refinancing, forfeiting, overseas financing, KTA schemes, multi-purpose financing, credit card design, ijarah maushufash fiz zimmah bargaining, net revenue sharing, gold installments, gold investment, as well as a number of new cases that continue to emerge (Zaki, 2015;Sulaeman, 2018). All cases and the efforts of ijtihad against the economic and financial complexity of sharia today that are constantly changing and developing require a diluted analysis of philosophical and substantive analysis contained in the concept of maqashid sharia (Mysharing, 2018;Johan, et al, 2018).…”

“…Without maqashid sharia, then the regulator (supervisor) will easily reject the innovative products that have been entirely met Islamic requirement procedures. Without the understanding of maqashid sharia, then the regulation about sharia PSAK (statement of financial accounting standards) will be ambiguous, rigid, and experienced a fatal error (Zaki, 2015;Febriadi, 2017;Zaki & Cahya, 2015).…”