ASAS : Jurnal Hukum Ekonomi Syariah
Vol 14, No 02 (2022): Asas, Vol. 14, No. 02 Desember 2022

The Implementation Of The 'Urf And Its Implications On The Determination Of Contemporary Sharia Economic Law

Maimun Maimun (Lecturer at the Faculty of Shari'
a UIN Raden Intan Lampung)

Herlina Kurniati (Lecturer at the Faculty of Shari'
a UIN Raden Intan Lampung)

Lilih Muflihah (Lecturer at the University of Lampung)



Article Info

Publish Date
24 Nov 2022

Abstract

The study aims to apply 'urf as the tool to view the problems of contemporary shari'ah economic law and its implications on the legal determination of shari'ah economic law cases. This research used qualitative library methods which is a means of understanding and exploring the meaning of what happens to various individuals or groups, originating from humanitarian or social problems. Based on the research results, it can be concluded that business practices in the current era of free market globalization are a challenge for legal practitioners who are active in carrying out the constant ijtihad to develop thoughts on shari'ah economic law, in addition to trying to reconstruct the principles of economic law, actualize and contextualize in various contemporary shari'ah economic law issues such as transaction of buying and selling orders ('aqd bai' al-salm) through online applications; buying and selling contracts without pronouncing ṣigat al -'aqd which is done online; and others. Such practice of contract transactions has become a tradition and a necessity for the business world in this contemporary era. From here, an academic problem arises: how are shari'ah economic law and the legal istinbat process able to answer various legal cases that continue to occur? Among the alternative solutions, one of them is to apply 'urf as an ijtihad method in extracting contemporary shari'ah economic law. Keywords:, implications, the economic case of shari'ah and Application of 'urf 

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Journal Info

Abbrev

asas

Publisher

Subject

Religion Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

Description

Asas (ISSN 1979-1488 E-ISSN:2722-8681) is a biannual journal (June and December), published by Faculty of Sharia, State Islamic University of Raden Intan Lampung, INDONESIA. Asas emphasizes Scientific Journal of Syari’ah Economic Law studies and communicates researches related to Syari’ah ...