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Riba and Interest in The View Of The Four Madzhab and Contemporary Ulama Munir Munir; Ahmad Adil Manan; Shofa Robbani; Ahmad Munir
JURNAL RISET MANAJEMEN DAN EKONOMI (JRIME) Vol. 1 No. 1 (2023): JANUARI : JURNAL RISET MANAJEMEN DAN EKONOMI
Publisher : Institut Teknologi dan Bisnis (ITB) Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54066/jrime-itb.v1i1.447

Abstract

The discourse on usury is a classic issue, both in the development of Islamic thought and in Islamic civilization. Riba is a complicated problem that often occurs in society. The research focus that forms the basis for this research is (1) What are the opinions of the 4 madzhab scholars regarding usury? (2) What are the opinions of contemporary scholars about bank interest?, and the purpose of this research is (1) to find out what the opinions of 4 madhhab scholars about usury are, (2) to find out what contemporary scholars think about bank interest. This research is a type of library research. The results of this study are that the opinion of the Hanafi Madzhab regarding the sale and purchase of goods that are exchanged or weighed with usury goods if they are weighed for trading and there is an addition, it can be said that usury fadhl. The opinion of the Maliki school of illat usury is when usury goods are used as a price. According to the opinion of the Shafi'i Madhhab, illat usury focuses on usury goods when they become the value of the price, if the two goods are valued or become the price of something. While illat on food is anything that can be eaten and fulfills several criteria such as food or staple food, according to the Hambali Madzhab what can be said is usury is every sale and purchase of a kind that is weighed with one date. Bank interest according to the opinion of contemporary scholars, namely KH. Sahal Madfudh explained about the exploitative, inhuman and consumptive nature of bank interest. Therefore, the concept of bank interest for productive behavior for people's business according to kyai sahal is permissible. Meanwhile, bank interest for consumptive and unproductive behavior is prohibited. According to M. Quraish Shihab, bank interest is not illegal, considering that the current interest does not contain elements of persecution and oppression among human beings. According to him, it does not prohibit bank interest because there are still scholars who allow it, because the interest has been agreed upon at the beginning of the transaction and does not contain elements of oppression and persecution, but if you want to be safe, you should make transactions at Islamic banks. Yusuf Al-Qardhawi said that bank interest taken by savers at the bank is usury which is forbidden, Yusuf Qardhawi firmly stated that bank interest is the same as usury which will always be punished as haram.
Restrukturisasi Produk Pembiayaan Musharakah Mutanaqishah di Bank Syariah Indonesia dalam Perspektif Hukum Ekonomi Syariah Munir Munir; Wahyu Hidayat; M. Ridwan Hambali; Ahmad Munir
JURNAL MANAJEMEN DAN BISNIS EKONOMI Vol. 1 No. 1 (2023): JANUARI : JURNAL MANAJEMEN DAN BISNIS EKONOMI
Publisher : Institut Teknologi dan Bisnis (ITB) Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54066/jmbe-itb.v1i1.451

Abstract

This research is motivated by the demands of society for the Islamic banking industry to innovate and develop products and services in order to meet the needs and facilitate transactions. The purpose of this study is to describe the implementation of musha>rakah mutana>qis}ah financing products as a development of musha>rakah contracts. This study uses a field research methodology that is descriptive in nature. The research location is at the Bojonegoro Branch of the Indonesian Sharia Bank. This research was conducted using primary data sources obtained directly and secondary data sources obtained from other media such as books, journals and others. This study shows that the musha>rakah mutana>qis}ah contract has undergone restructuring, which should be intended for purchasing assets (houses, shop houses, motorcycles, cars and so on) but in its implementation, the object of musha>rakah mutana>qis}ah transactions between banks Indonesian sharia and customers are assets that are fully owned by customers, where previously the customer's assets were purchased in part by the bank to leave a portion of ownership (his}s}ah) of one rupiah for the customer. So here applies the shirkah amla>k ikhtiyari contract in the form of joint ownership of assets. Then the bank's portion is acquired by the customer by purchasing it in installments according to the agreement until it is paid off and the asset is fully owned by the customer again. This is hilah/engineering in the contract that aims to get the customer to get cash. Therefore, it is more appropriate if the financing is carried out using an 'inah sale and purchase agreement, in which the customer sells his assets to the bank in cash, then the customer buys them again from the bank in installments according to the agreement. The law of buying and selling 'inah is permissible according to Syafiiyah scholars.