Qa'idah Adh-Dharar Yuzal Wa Atsaruha Fil Istinbath Fi Fatawa Al-Haiah Asy-Syar'iyyah Al-Wathaniyyah Al-Muta'alliqah Bil Murabahah

Nur Setyawan, Fajri and , Dr. Imron Rosyadi, M.Ag and , Dr. Isman, S.H.I., S.H., M.H (2023) Qa'idah Adh-Dharar Yuzal Wa Atsaruha Fil Istinbath Fi Fatawa Al-Haiah Asy-Syar'iyyah Al-Wathaniyyah Al-Muta'alliqah Bil Murabahah. Thesis thesis, Universitas Muhammadiyah Surakarta.

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Abstract

Fiqh rules have a big role and many benefits, especially the rule of adh-dharar yuzal. This rule is mentioned by the MUI National Shari'ah Council in the texts of fatwas issued, and positions it like a proposition of a law. For example, in the fatwa relating to murabaha contracts. Scholars do not differ on the role of fiqh rules in compiling many fiqh issues that are scattered in fiqh books. However, they differ in opinion about its position as a source of law. Some of them consider Fiqh rules to be a source of law. While others do not see it that way. This research aims to find out the reasons for the difference of opinion, then choose the opinion that is considered stronger. This study also aims to determine the effect of the adh-dharar yuzal rule in the process of extracting the law and applying it to analyse the fatwa of the National Shari'ah Council relating to murabahah contracts. The method used in this research is qualitative with a literature approach. And after researching the object of research in the form of laws of muamalah problems, it is known that the opinion that is considered stronger is the one that states that Fiqh rules can be a source of law, especially Fiqh rules that are accepted by all scholars. And one of them is the rule of adh-dharar yuzal. And it is known that the rule has an influence in the process of extracting the law.

Item Type:	Thesis (Thesis)
Uncontrolled Keywords:	Dharar, Istinbath, Fatwa
Subjects:	H Social Sciences > HC Economic Development > Microeconomics K Law > KI Indonesia Law > KG Law (General)
Divisions:	Fakultas Agama Islam > Hukum Ekonomi Syariah (HES)
Depositing User:	FAJRI NUR SETYAWAN
Date Deposited:	30 Nov 2023 01:58
Last Modified:	30 Nov 2023 01:58
URI:	http://eprints.ums.ac.id/id/eprint/118942

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