THE URGENCY OF FATWA IN THE LAW OF SHARIA ECONOMICS IN INDONESIA

Q2 Arts and Humanities

Juris Jurnal Ilmiah Syariah Pub Date : 2021-12-15 DOI:10.31958/juris.v20i2.4059

E. Renie

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引用次数: 2

Abstract

Fatwas of the National Sharia Council-Indonesian Ulama Council (DSN-MUI), in the field of sharia economics, has filled the legal vacuum related to the economic activities of the people. The increased of activity in the Mu'amalah area which is so fast requires a responsive fatwa. It can be seen from the rapid development of financial products for sharia financial institutions today. The legal strength of a fatwa is non-binding because it is not included in the constitution hierarchy in Indonesia which has caused debate for some people. But, several DSN-MUI fatwa have been transformed into part of national law, such as constitution No. 21 of 2008 concerning Banking, and some of which have also been absorbed into Bank Indonesia regulations, Syari'ah Financial Services Authority Regulation (OJK). This paper tries to analyze the role of fatwas in filling the legal vacuum in the development of the shari'ah economy in Indonesia and how the fatwas of the DSN-MUI can be transformed into national law. The author concludes that the role of DSN-MUI as the only institution that issued a fatwa related to the activities of shari'ah financial institutions in Indonesia is very important in the area of national legal politics.

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法特瓦在印尼伊斯兰教法经济学中的紧迫性

国家伊斯兰教法委员会印尼乌拉马委员会（DSN-MUI）的法特瓦斯在伊斯兰教法经济学领域填补了与人民经济活动有关的法律真空。Mu’amalah地区的活动增加如此之快，需要一个反应灵敏的法特瓦。由此可见，如今伊斯兰教法金融机构的金融产品发展迅速。法特瓦的法律效力是不具有约束力的，因为它不包括在印度尼西亚的宪法等级中，这引起了一些人的争论。但是，一些DSN-MUI法令已被转化为国家法律的一部分，如2008年关于银行业的第21号宪法，其中一些法令也被纳入印尼银行条例，即Syari'ah金融服务管理局条例（OJK）。本文试图分析伊斯兰教法在填补印尼伊斯兰教法经济发展中的法律真空方面所起的作用，以及如何将DSN-MUI的伊斯兰教法转化为国家法律。作者得出的结论是，印度尼西亚伊斯兰金融机构作为唯一发布与伊斯兰教法金融机构活动有关的法令的机构，其作用在国家法律政治领域非常重要。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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