ANALISIS METODE ISTINBAT HUKUM FATWA DSN MUI NO. 145/ DSN-MUI/XII/2021 TENTANG SISTEM DROPSHIP

Saidatul Qomaria, S.H., NIM.: 21203011081 (2023) ANALISIS METODE ISTINBAT HUKUM FATWA DSN MUI NO. 145/ DSN-MUI/XII/2021 TENTANG SISTEM DROPSHIP. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Information technology is currently increasingly sophisticated, especially in terms of muamalah. Many people have made muamalah transactions online, one of which is buying and selling with the dropship system. Initially, buying and selling through the dropship system did not have legal provisions. So that the DSN-MUI issued a fatwa regarding the dropship system that complies with sharia principles. In this fatwa, the DSN-MUI allows the dropship system on condition that it must comply with the fatwa issued by the DSN-MUI. Analyzing the problems regarding dropshipping, the researcher focuses on two main issues, namely how is the DSN-MUI legal prescription in establishing a fatwa regarding the dropship system, and what are the reasons for DSN-MUI to allow buying and selling with the dropship system. The researcher dissects this problem using the theory of legal istinbat, in order to analyze the DSN-MUI in determining the fatwa regarding the dropship system, as well as to find out the reasons for the DSN-MUI to allow buying and selling through the dropship system. This research is a type of literature research with a normative approach based on the search for legal prescriptions conducted by the DSN-MUI. The results of this study indicate that the legal norms of the DSN-MUI in determining the sale and purchase of the dropship system are more inclined to the ta'līlī method. In the fatwa regarding the dropship system, the DSN-MUI emphasizes the dropship system for buying and selling greetings. This is due to the similarity between the dropship system and buying and selling greetings. DSN-MUI uses the qiyās method by analogizing the dropship system with greeting practices. The meaning of the law as asl is the salam contract, and far'u is the dropship system, while the law 'illat is both a sale and purchase through a pre-order system. The reason for the DSN-MUI allowing the dropship system is, of course, with several considerations. In addition, the dropship system is considered to have benefits. In practice, the dropship system is the same as the salam contract, it's just that transactions on the salam contract can be carried out directly, while in the dropship system you have to go through the platform provided.

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