PEMBARUAN HUKUM EKONOMI SYARI’AH DI INDONESIA: STUDI PEMIKIRAN K.H. MA’RUF AMIN

Akmal Bashori, NIM.: 22303012005 (2025) PEMBARUAN HUKUM EKONOMI SYARI’AH DI INDONESIA: STUDI PEMIKIRAN K.H. MA’RUF AMIN. Doctoral thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Existing studies of Islamic economic law have tended to be dominated by normative-dogmatic or historical-descriptive approaches, without establishing a critical dialogue between the epistemic heritage of Islamic law and the dynamics of modern social theory. In this context, the renewal of Islamic economic law necessitates a dynamic form of fiqh in line with modern developments, while simultaneously emphasizing that it is not a given and frozen normative-ideological law. One central figure in this renewal movement is Ma’ruf Amin, who believes that pre-modern fiqh products face serious problems in their implementation amidst changes in industry, trade, services, contracts, and technology. He proposes an update to the structure of pre-modern fiqh to make it more contextual and applicable in responding to contemporary challenges. This perspective is interesting to examine further, given his scholarly background, rooted in traditional religious traditions, yet able to offer an innovative approach to fiqh in the modern economic sphere. This serves as the starting point for this research, which aims to analyze the background of his reformed thinking, his ideas on the modernization of Islamic economic law, his methodological approach, and its implications for the positivization of Islamic economic law in Indonesia. This research employs a qualitative approach, employing library research and critical analysis. The analytical framework draws on the sociology of knowledge and Islamic legal epistemology as the primary tools for examining the construction of his thought. The primary data sources for this research include Ma’ruf Amin’s written works, both physical and digital, that reflect the dynamics and evolution of his thought. This study found that: first, in the perspective of sociological theory of knowledge, Ma'ruf Amin's thinking is closely related to his social praxis both macro and micro with the motive of strengthening his knowledge and expertise through the contextualization of fiqh which is interested in opposing capitalism and offering sharia alternatives. Likewise, his scientific discourse positions Ma’ruf Amin as a key actor in defining sharia economics in Indonesia to play a consolidative role in his power in various existing institutions. Second, issues of modernity in Ma’ruf Amin’s sharia economic legal thought tend to look at the progress of the modern West and Muslim countries as models to be imitated selectively. Ma’ruf Amin evaluates classical postulates and discursive obstacles of a long list of negative stipulations of the halal-haram binary opposition. His responsive-critical-innovative attitude towards modernity often gives rise to traces of controversy. His thoughts on interest on money, the validity of murābaḥah in banking, insurance of tijāriah (commercial) contracts, show the courage to let go of imitative reasoning (taqlīd) and at the same time go beyond the traditional dogmatism of turāṡ fiqh by shifting the legal orientation from individual economic practices to a broader modern institutional system. Third, from the perspective of Islamic legal epistemology theory, it is found that Ma’ruf Amin demonstrated significant efforts in developing an integrative methodological approach while remaining rooted in the tradition of usul fiqh. Here, the methodological complexity of his legal thought is mapped into two main axes: usul fiqh as the normative basis and maqāṣid ash-Syarīah as the supporting philosophical framework. However, legal philosophy here works as a supporter in itself in strengthening the authority of the linguistic maxims he uses. The dominance of usul is reformulated with the term “ijtihād makhāriji” the result of extracting the legacy of scholastic era schools. Although the two methodological frameworks he uses do not yet demonstrate a complete epistemic expansion ( al-basṭ al-ma’rifī ) as intended by Abdolkarim Soroush. His thinking is more appropriately categorized as quasi-expansion, a limited renewal that does not challenge the epistemic foundations of the classical heritage. Fourth, Ma’ruf Amin’s thinking has theoretical and practical implications for the positivization of Islamic economic law in Indonesia. His strategic position as chairman of the Nahdlatul Ulama Executive Board (PBNU) and the Indonesian Ulema Council (MUI) serves as an epistemic gatekeeper , not only reproducing the discourse of Islamic jurisprudence (fiqh muamalah) within a normative framework but also transforming it into a state policy instrument through legislation. This position combines religious authority and administrative power through the role of “siyāsah syariyyah” (Islamic governance) and negotiating the applicability of Islamic economic law in Indonesian legislation. Based on these findings, this study offers a new reading of contemporary ijtihad based on interdisciplinary and creative thinking by positioning Ma’ruf Amin as a reformer who represents a “reformist-traditional” typology that bridges the tradition and modernity of Islamic economic law in Indonesia. From here, to enrich the epistemology of Islamic law, the author offers a conceptual model in understanding the direction of Islamic legal reform in Indonesia, namely the ultra-doctrinal-method paradigm as an alternative approach in understanding and developing Islamic law amidst the dynamics of modernity.

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