KEDUDUKAN REKAYASA (HILA) FIKIH PADA AKAD MURAKAB

Abstract

The fatwa on sharia economics issued by the DSN-MUI mostly uses murakab contracts, namely combining one contract with another, such as ijarah mutahia bi tamlik (IMBT), musyarakah mutanaqisyah (MMQ), murabaha lil wakalah, but the majority of ulama prohibits buying and selling from being combined with a musyarakah contract. , qard, musyaqah, mudharabah, sell. Jumhur ulama also does not allow sales and purchase contracts to be combined with ijarah contracts. However, in practice this prohibition is not implemented by the DSN-MUI because the DSN-MUI itself uses the jurisprudence of fiqh contained in each of its ftwa to follow developments in the times and Islamic financial needs. Engineering (hila) of jurisprudence is needed to provide solutions to existing problems. So the question is what the law of hila fiqh is in murakab or multi-contract contracts. The methodology in this research is qualitative library research and uses the content analysis method of fiqh to answer the question of the position of hila fiqh in murakab contracts that occur in the world of Islamic finance. The results of the research found several conclusions that the fatwas issued by DSN-MUI related to murakab contracts have several laws. Firstly, if the actions and objectives are different from the maqasid syari' then legally the hila is haram. second. The person who performs hila knows that what he is doing in dhohir is not in accordance with the Shari'a, but for the purpose it is in accordance with the Shari'a, according to Imam Syatibi, this is considered an expert in heresy, he can enter heretical heresy up to Hasanah heresy. This explanation can serve as a guideline, if a person who performs hila has a goal that is contrary to the objectives of the Shari'a, automatically hila is haram. However, if this is the aim of the sharia then the details need to be categorized as permissible to haram in relation to the principles of hila.