@phdthesis{digilib79895,
           month = {August},
           title = {REKONSTRUKSI HUKUM PERBANKAN: STUDI PEMIKIRAN SYAIKH DR. SYAUQI ALLAM},
          school = {UIN SUNAN KALIJAGA YOGYAKARTA},
          author = {NIM.: 23303011003 Rudiansyah},
            year = {2026},
            note = {Prof. Dr. H. Ali Sodiqin, M.Ag. dan Dr. Saifuddin, S.H.I., M.S.I.},
        keywords = {Syauqi Allam; bunga bank; riba; halal},
             url = {https://digilib.uin-suka.ac.id/id/eprint/79895/},
        abstract = {This study examines the intellectual construction underlying the fatwa of Shaykh Dr. Shawqi Allam that permits bank interest. The legal status of bank interest has long been a subject of scholarly debate, particularly regarding the different methodological frameworks adopted by scholars who either support or reject its permissibility. The majority of Muslim jurists classify bank interest as rib{\=a}, arguing that it constitutes an additional benefit derived from a loan (qar{\d d}) transaction. In contrast, Shaykh Dr. Shawqi Allam maintains that bank interest is neither rib{\=a} nor analogous to it. According to him, bank interest represents a return on investment rather than a benefit arising from a loan contract and therefore falls outside the scope of both qar{\d d} and rib{\=a}. Based on this background, the study addresses four research questions: (1) How valid is the epistemological foundation of Shawqi Allam's ijtih{\=a}d from the perspective of contemporary u{\d s}{\=u}l al-fiqh in relation to bank interest? (2) What arguments does Shaykh Dr. Shawqi Allam employ to justify the permissibility of bank interest? (3) How do his views differ from those of the majority of Muslim jurists concerning the legal status of bank interest? and (4) What are the implications of his views for contemporary banking practices? This research employs a qualitative research method. Primary data were collected from authoritative primary sources. The study adopts historical and u{\d s}{\=u}l al-fiqh approaches. The analytical framework draws upon Karl Mannheim's sociology of knowledge alongside several theories within u{\d s}{\=u}l al-fiqh, particularly the theories of dal{\=i}l, istidl{\=a}l, and ijtih{\=a}d. The findings reveal four major conclusions. First, the epistemological validity of Shawqi Allam's ijtih{\=a}d is considered contextually valid (kh{\=a}{\d s}{\d s}), as his legal reasoning is grounded in the socio-economic realities of Egypt and supported by the country's positive legal system. Second, Shawqi Allam advances two principal arguments for the permissibility of bank interest: (1) an economic ta?l{\=i}l{\=i} argument, which regards bank interest as investment profit determined through actuarial and economic analysis; and (2) a juridical-political (siy{\=a}s{\=i}) argument, which considers banks to be legal entities representing the state. This argument is reinforced by Egyptian Central Bank Regulation No. 88 of 2008, which explicitly defines the legal relationship between banks and customers as a financing (tamw{\=i}l) relationship. Third, Shawqi Allam's position differs from that of the majority of Muslim jurists in two respects: (1) his methodology prioritizes ta?l{\=i}l{\=i} reasoning and isti{\d s}l{\=a}{\d h}{\=i} juz?iyyah, whereas the majority prioritize the definitive textual evidence (na{\d s}{\d s} qa{\d t}?{\=i}) through a bay{\=a}n{\=i} approach; and (2) his conception of the legal status of banks, which he regards as state institutions, thereby excluding transactions between the state and its citizens from the category of rib{\=a}. By contrast, the majority of jurists view banks as commercial institutions to which the rulings on rib{\=a} fully apply. Fourth, Shawqi Allam's legal reasoning has several implications for contemporary banking practice: credit agreements are classified as tamw{\=i}l contracts; the prohibited form of interest is that occurring in private lending between individuals; credit financing contracts are distinguished from loan (qar{\d d}) contracts; late payment penalties are regarded as compensation for currency depreciation; and fixed-term savings deposits are categorized as wad{\=i}?ah bankiyyah.}
}