Pandangan Fukaha Kontemporer Tentang Hukum Bermuamalah dengan Bank Syariah

Abstract

The current performance of Islamic banking is quite encouraging, but for the market share of Islamic banking, which is currently still relatively small, even though the majority of Indonesia's population is Muslim. Knowledge or literacy has a significant influence on people's interest in muamalah with Islamic banks. This paper tries to describe contemporary jurists' views regarding the law dealing with Islamic banks. Contemporary jurists allow muamalah with Islamic banks because deposits in Islamic banks are built on the principle of mudaraba and there is no usury on it, this is as expressed by Wahbah al-Zuhaylī, usāmuddīn 'Afānah, al-Dubyān, Al-Qarḍāwī, Islam Web, Ibn Bāz, Dāirat al-Iftā and DSN MUI. According to DSN MUI wadiah or deposits in Islamic banks are yad dhamānah not yad amanāh and according to Adiwarman Karim Islamic banks are allowed to give bonuses to customers if they are not required in advance, i.e. the gift is a voluntary gift given by the bank as its policy. According to contemporary fukaha, the law of saving in Islamic banks can be recommended in order to implement and enforce Islamic values