PRINSIP PRINSIP HUKUM EKONOMI SYARIAH DALAM KONSTITUSI DI INDONESIA (ANALISIS TERHADAP UU WAKAF, UU PERBANKAN SYARIAH DAN UU ZAKAT)

Ahmad Hasan, NIM.: 1620310088 (2020) PRINSIP PRINSIP HUKUM EKONOMI SYARIAH DALAM KONSTITUSI DI INDONESIA (ANALISIS TERHADAP UU WAKAF, UU PERBANKAN SYARIAH DAN UU ZAKAT). Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Our founding fathers have put Pansasila and UUD 45 as the source of the constitution in Indonesia. Article 33 paragraph 1 states that the economy is structured as a joint venture based on the principle of kinship. The principle of kinship is one of the sharia principles called al-ukhuwwah (brotherhood) which is contained in the texts of the al-Qur'an and Hadith. This principle is considered important to be buried in the midst of the challenges of globalization which are completely materialistic-individualistic. Juridically, there are several laws that were created to achieve sharia principles such as welfare, togetherness, justice. Among them are the Waqf Law, the Sharia Banking Law, and the Zakat Management Law. There are three formulations of the problem in this study, namely (1) what is meant by the principles of Islamic economic law? (2) What are the principles of sharia economic law in the Indonesian constitution? (3) what is the discursive process of the principles of Islamic economic law in the constitution in Indonesia? This research is included in the category of library research (library research) using a normative juridical approach. Apart from using the theory of fiqhiyah principles, maqashidussyariah, also uses Michel Foucault's theory of discourse analysis. This research is a descriptive analytic study using primary and secondary data collection techniques. The results of this thesis research show that the principles of Islamic economic law are welfare, justice, togetherness, prophecy, monotheism, freedom of contract and usefulness. The three laws examined in this thesis are the Waqf Law, the Islamic Banking Law, and the Zakat Management Law. Articles 4 and 5 of the Waqf Law contain the principles of usefulness, monotheism and welfare. The Sharia Banking Law has the principles of prudence, justice, welfare, togetherness and equity. Articles 2 and 3 of the Zakat Management Law contain the principles of justice, prosperity, usefulness and brotherhood. The Waqf Law was initiated by the Minister of Religion Prof. Dr. H. Said Agil AlMunawwar, MA, who was proposed to President Megawati Soekarnoputri and was deliberated and endorsed by the DPR and MPR at that time. The Sharia Banking Law was enacted in 2008 and was passed by President Susilo Bambang Yudhoyono to support the development of the sharia economy which is considered to be crisis resistant. The Zakat Management Law is governed by the DPR and passed by President Susilo Bambang Yudhoyono.

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