Legalitas Dan Otoritas Fatwa Dewan Syariah Nasional Majelis Ulama Indonesia Dalam Operasional Lembaga Keuangan Syariah

Abstract

Islamic financial institutions in their operations require legislation. In addition, practitioners of sharia economics also need a fatwa from the National Sharia Council-Indonesian Ulema Council (DSN-MUI) to guarantee the implementation of Sharia principles in sharia financial institutions. Although the fatwa is basically an advice that can be carried out or ignored, but the DSN-MUI Fatwa if it is related to positive law, the position is the same as the doctrine that is as an amplifier in the legal ruling of a qadhi in a case. The DSN-MUI fatwa also has authority and an important role in making legislation binding, and is used as a positive law in enhancing the development of sharia economics in Indonesia. The legal aspects contained in the DSN-MUI fatwa, can be seen from the absorption of the DSN-MUI fatwa in various regulations relating to the operations of Islamic financial institutions, and have been transformed into the form of laws. Thus, the legal strength of the DSN-MUI fatwa becomes binding in the operations of Islamic financial institutions

Problems with Financial Services Authority Regulation Number 77/POJK.01/2016 as the Legal Basis for Sharia Fintech Peer-To-Peer Lending in the Review of Islamic Law

“…It has become a positive law for developing the sharia economy in Indonesia. Where the fatwas contained in the DSN-MUI can be embedded in various legal regulations relating to Sharia financial institutions (Afrelian & Furqon, 2019).…”

Impact of Fatwa Upon Bank Interest Ban on the Development of Islamic Banking in Indonesia

“…In the 2012 Islamic Economist Association's Anniversary event, Halim Alamsyah in the paper presented about the challenges of Islamic banking in Indonesia. 23 The first challenge relates to the fulfillment of human resources, both in quantity and quality. The rapid development of Islamic banking does not have adequate human resources.…”

A Critical Review of the Indonesian Council of Ulama (MUI) Fatwa Towards Increasing Sharia Financial Literacy (Systematic Literature Review)

“…In Islamic law, fatwas have a prominent place because they are the opinions of Islamic jurists (fuqaha) regarding the legal status of a newly emerging social problem. When a new phenomenon arises that has no clear legal provisions (firm), either in the Al-Quran, As-Sunnah, or Ijma or the opinions of past jurists, then the fatwa is one of the normative institutions competent to respond to or decide on the legal position of the problem (Afrelian & Furqon, 2019).…”