REKONSTRUKSI HUKUM PERBANKAN: STUDI PEMIKIRAN SYAIKH DR. SYAUQI ALLAMNIM.: 23303011003RudiansyahauthorThis 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 ribā, arguing that it constitutes an additional benefit derived from a loan (qarḍ) transaction. In contrast, Shaykh Dr. Shawqi Allam maintains that bank interest is neither ribā 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 qarḍ and ribā. Based on this background, the study addresses four research questions: (1) How valid is the epistemological foundation of Shawqi Allam's ijtihād from the perspective of contemporary uṣūl 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 uṣūl al-fiqh approaches. The analytical framework draws upon Karl Mannheim's sociology of knowledge alongside several theories within uṣūl al-fiqh, particularly the theories of dalīl, istidlāl, and ijtihād. The findings reveal four major conclusions. First, the epistemological validity of Shawqi Allam's ijtihād is considered contextually valid (khāṣṣ), 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 taʿlīlī argument, which regards bank interest as investment profit determined through actuarial and economic analysis; and (2) a juridical-political (siyāsī) 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 (tamwīl) relationship. Third, Shawqi Allam's position differs from that of the majority of Muslim jurists in two respects: (1) his methodology prioritizes taʿlīlī reasoning and istiṣlāḥī juzʾiyyah, whereas the majority prioritize the definitive textual evidence (naṣṣ qaṭʿī) through a bayānī 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 ribā. By contrast, the majority of jurists view banks as commercial institutions to which the rulings on ribā fully apply. Fourth, Shawqi Allam's legal reasoning has several implications for contemporary banking practice: credit agreements are classified as tamwīl contracts; the prohibited form of interest is that occurring in private lending between individuals; credit financing contracts are distinguished from loan (qarḍ) contracts; late payment penalties are regarded as compensation for currency depreciation; and fixed-term savings deposits are categorized as wadīʿah bankiyyah.332.1 Banks/Bank, PerbankanRIBA2026-08-13UIN SUNAN KALIJAGA YOGYAKARTA;FAKULTAS SYARIAH DAN HUKUMThesis