Al-Istinbath: Jurnal Hukum Islam
Vol 4, No 2 November (2019)

Tinjauan Fiqh Muamalah Terhadap Transaksi Multi Akad dalam Fatwa DSN-MUI Tentang Pembiayaan Likuiditas Jangka Pendek Syariah

Haerul Akmal (Universitas Darussalam (UNIDA) Gontor)
Mohammad Hanief Sirajulhuda (Universitas Darussalam (UNIDA) Gontor)



Article Info

Publish Date
30 Nov 2019

Abstract

The purpose of this study is to find out the multi-contract picture in the al-bai maa al-wad bi al-syira (BMWBS) agreement on the fatwa of the National Sharia Council of the Indonesian Ulama Council (DSN-MUI) Number 109/DSN-MUI/II/2017 concerning Sharia Short-Term Liquidity Financing (fatwa 109-PLJPS) and knowing multi-contract transactions in the BMWBS contract on 109-PLJPS fatwa from the perspective of muamalah fiqh. The research is a library research that is qualitative-descriptive in nature with a juridical-normative approach through deductive methods. The results obtained: First, the multi-contract in the BMWBS contract can be seen from several things; binding wa'd (promise) that links the two Sharia Securities transactions (SBS) between Sharia Banks and Bank Indonesia, time limits on SBS sale and purchase, and time-limited utilization of SBS ownership. Secondly, there is relevance between the hadith of the bay'ataini fi bay'ah and the BMWBS contract through illat riba. For this reason, DSN-MUI needs to review the 109-PLJPS fatwa by including the hadith of the bay'ataini fi bay'ah, then making it a legal consideration by looking at the various meanings of the ulemas and their agreement on it to make it more compatible with your fiqh.

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Journal Info

Abbrev

alistinbath

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice

Description

Al-Istinbath : Jurnal Hukum Islam, is an academic journal focuses on Islamic Law studies and aimed to accommodate and socialize innovative and creative ideas from researchers, academics, and practitioners who care in the field of Islamic Law. The focus of this journal is an effort to load scientific ...