Analisis konsep 'urf tijari menurut Muhammad Sayyid Thanthawi sebagai instrumen legal-formal Bunga Bank

Mas'ud, Muhammad Fuad (2020) Analisis konsep 'urf tijari menurut Muhammad Sayyid Thanthawi sebagai instrumen legal-formal Bunga Bank. Masters thesis, UIN Sunan Gunung Djati Bandung.

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Abstract

Bank interest is one of the problems of fiqh mu'amalat which will never be finished being studied, researched, and discussed by Muslim academics about its legal status. Bank interest has become a special term that is rooted and binding with the financial industry, both on a micro or macro scale. Banks or financial institutions are the central center for the implementation of interest practices in many financial products offered to customers, so that in the financial aspect, banks will not be separated from the practice of interest itself. So it can be said that the practice of interest and bank is likened to two sides of a coin that cannot be separated from each another. The scholars have reached the level of ijma '(consensus) against the law of prohibition of usury'. The law of prohibition of riba 'has entered the area of al qot'iyyat or al tsawabit in religion, which is a case where the legal principle is fixed and there can be no other legal interpretation of its status, even though Muslims who deny the legal status of usury are already included in the kufr domain. Some Muslim academics consider that bank interest is the same as usury in terms of its prohibition. The group that prohibits bank interest based its legal logic to qiyas, namely determining the legal status of bank interest to be the same as the legal status of usury on the argument that both have the same aspects of fiqh reasoning, namely the existence of additional elements to the principal. This study aims to provide a complete and comprehensive picture of the legal status of bank interest through Muhammad sayyid thanthawi's fiqh reasoning with his ‘urf tijarā thinking framework. The logic of fiqh ʻurf tijari Muhammad sayyid thanthawi in formulating the legal status of bank interest is a new matter in the world of academic studies on bank interest. Based on that, this research also uses a qualitative-descriptive method, where the researcher refers to the main source of the book mu'amalatul bunuk wa ahkamu al syari'ah by comparing the main books of the madzhab fiqh. The results showed that Muhammad sayyid thanthawi's view on the halal status of bank interest practices with legal reasoning through the ʻurf tijari instrument approach is a different elaboration from the fiqh point of view of other Muslim academics. Conclusion legal status of bank interest is lawful to be practiced in the financial industry, because the basic habits (‘urf) in financial activities are deeply rooted in the banking world, and what is accustomed, rooted and agreed upon is binding as a requirement.

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