TRANSFORMASI FATWA DSN-MUI KE HUKUM NASIONAL

Seri Utami Ningsih, S.H., NIM.: 18203010006 (2020) TRANSFORMASI FATWA DSN-MUI KE HUKUM NASIONAL. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The correlation of Islam and country undergoes three phases, from the tensing phase in the form of mutual suspicion of discrimination until the awareness phase will need for the establishment of a prosperous country. The government adopted accomodation politics in enforcing Islamic law as a source of law. Fatwa of the National Sharia Council-Indonesian Ulema Council (DSN-MUI) is transformed into national law to fill the legal void in the activity of Sharia financial institution. Fatwa non binding then it is forcing to be implemented. Interpretation of the fatwa results an activity model tending to be the same as conventional product and matching them with Sharia product. Not all public needs are accommodated and existing product is not competitive toward conventional bangking products. Therefore, the problem is formulated to be (1) Why happened transformation of fatwas of DSN-MUI into positive law? (2) How about transformation model of fatwas of DSN-MUI into positive law? (3) How about obstacle and opportunity of fatwa transformation of DSN-MUI into positive law? This research is a library research primary sourcing in the form of a regulatory instrument of Sharia financial institution which is a shape of fatwa transformation of DSN-MUI absorbed to be regulatory instrument of Sharia financial institution. The data that have been accumulated are managed by the qualitative method and the data are analyzed by descriptive-analysis. The data are described using the juridical-philosophical approach. The data are analyzed by Islamic law politics. A country guarantees the right to religion for Muslims by giving legislative accommodation. The results of this research are external and internal factors of fatwa transformation of DSN-MUI. An external factor, MUI has a close relationship with the government. This close relationship are causing fatwa of DSN-MUI most widely for influencing than other fatwa institutions. An internal factor, fatwa is responsive toward public phenomenon developing. Fatwas that are responsive and accomodating according to configuration of Indonesian democratic politics are selected to fill the void in Sharia economic law. The form of fatwa transformation is legalization and substance. The form of legalization is fatwa legalizing in transformation so that it can refer to the substance of the fatwa even though it is not included in the transformation resullts. The form of the substance is transformation containing the substance of the fatwa as a whole. Fatwa transformation by that form is causing obstacle development products of Sharia financial institution (LKS) in showing its specificity from conventional product. The opportunity of fatwa transformation is awakening awareness mujtahid of DSN-MUI to give formulation of economic fiqh which is suitable with Indonesian identity, and do cultural reformation in step with its vision for being Sharia in public economy.

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