CONSTRUCTION DEVELOPMENT OF SHARIA BANK FINANCING ‎CONTRACT IN INDONESIA SYSTEM APPROACH PERSPECTIVE IN ‎MAQASID SHARIA JASSER AUDA

KONSTRUK PENGEMBANGAN AKAD PEMBIAYAN DI BANK SYARIAH DI INDONESIA PERSPEKTIF PENDEKATAN SISTEN PADA MAQASID SYARIAH JASSER AUDA

Abstract

The presence of Islamic banking is expected to be a solution to the problem of financing from conventional banks. However, its presence is still doubted by some people. They consider that Islamic banks are like conventional banks which cannot be separated from usury transactions. This has become a problem in itself where sharia-compliant Islamic banks, which should be the solution, still have problems. This research is a qualitative research which uses a sociological normative approach. The author bases the aspect of the study on the construct of financing in Islamic banks by researching and reviewing practices in Indonesian Sharia Banks as the main source and complemented by studies from books and journals. While the theoretical study that the author uses is "the concept of a systems approach to the maqashid al-syariah concept of Jasser Auda" which is focused on the study of muamalah. From the research that the author conducted, he found that there are three constructs of developing financing contracts in Islamic banking. The first is the reconception of the contract, the second is the optimization of the Sharia Supervisory Board and the third is the economic potential of the community. These three contracts are in accordance with maqasid al-syariah in the field of muamalah, namely al-rawaj, ablution al-mal, isabat al-mal, al-adl fi al-‎mal and hifz al-mal. These three constructs are also in accordance with the 'systems approach to maqasid al-syariah' which was initiated by jasser Auda.