Pandangan Tuan Guru Lombok terhadap Multi Akad dalam Muamalah Maliyah Kontemporer

Musawar Musawar

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(Bahasa Indonesia, 25 pages)

Abstract

To; -webkit-text-stroke-width: 0px; ">The concept of Hybrid Contract or “Multi Akad” is an ijtiha>d of the scholars to address the development of human life, especially in mu‘a>malah aspect. It is understood as the merge of the two contracts ormore in a contract. Therefore, many modern transactions use it and even in the last decade the scholarsbegan to discuss about it's validity. The conversation and debate about the validity of this HybridContract appears not without reason, because of numbers of prophetic traditions, showed literarilythat Hybrid Contract is forbidden in the transaction. Departing from that, this study answers three basicproblems: the first is “how the concept of “Hybrid Contract” in view of Tuan Guru Lombok”, whobecame a role model for peoples of Lombok, because of they are as religious and community leaders.The second question is how an argumentation that built by Tuan Guru about the “Multi Akad” inIslamic Law. While the third problem is how the typology Tuan Guru Lombok thought. This study isa qualitative research by maqas > id al-Shari } 'ah > and the sociology law approaches, and this study is made withthe method of interview to Tuan Guru who are determined by “purposive sampling” method, and sothis research is supported by document data in the form of books, magazines and more. This studyconcluds that Hybrid Contract concept in Tuan Guru Lombok view is a contract containing twocontracts or more in financial problems, both applicable in financial institutions shari>‘ah or no. Surely,the concept of Hybrid Contract is a way to elude from “usury”. Regarding to Multi Akad in Islamic Lawlike “Dana Talangan Haji” at financial institutions shari‘ah, > Tuan Guru responded it by two argumentations: so that they are divide to two group: rejecter and endorser. And they are divided into 2 (two)typology: textual and textual progressive, the textual group understood that Hybrid Contract is unlawful or forbidden according to prophetic traditions texts and it was interpreted textually. While progressive textual tends to allow, even though they can not separate them self from the text of the prophetictraditions, but they also consider the development of thought, life, and environment.

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Journal

Ijtihad: Jurnal Wacana Hukum Islam dan Kemanusiaan

Ijtihad: Jurnal Wacana Hukum Islam dan Kemanusiaan merupakan jurnal akademik yang diterbitkan dua... see more