The Implementation Of The 'Urf And Its Implications On The Determination Of Contemporary Sharia Economic Law

Abstract

Business activities in the free market in the globalization era present a unique challenge for legal practitioners who actively carry out ijtihad to generate thoughts on shari'ah economic law. These efforts seek to reconstruct economic law principles, actualize, and contextualize various contemporary shari'ah economic law cases, such as online sale and purchase contracts ('aqd bai' al-salm), online transactions of sale and purchase contracts without pronouncing sigat al-'aqd, and others. Contract transactions like this have become a tradition and a necessity for the corporate sector in the modern day. From here, an academic challenge develops, namely, how to explain various legal problems that continue to occur regarding Shari'ah economic law and the legal istinbat process. Using 'urf as an ijtihad method in extracting law to establish law in contemporary shari'ah economic law cases is one of the various solutions.Keywords: 'urf application, implications, and shari'ah economic case.