In this article. the writer tries to describe the reality of classical fiqh which has been becoming the normative foundation of Islamic banking operations. The evidence suggests that classical fiqh has
got difficulties and inability to respond the contemporary problems, particularly the banking
shariâah problems. Therefore, it is required a new formulation of dynamic fiqh in accordance with
the times and able to respond contemporary problems. Therefore, it is urgent need to reconstruct
the normative foundation of Shariâah banking in Indonesia, especially that of the classical Islamic
jurisprudence.
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