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Aspek pembiayaan hutang menurut Syeikh Daud Al-Fatani dalam Furū‘ Al-Masā’il*
Towpek, Hadenan1.
Furū‘ al-Masā’il is a popular work by the prolific Malay scholar,
Sheikh Daud al-Fatani (1131-1265H/1718-1847M). It is also
considered a masterpiece written during a prominent period in
fiqh discipline which includes fiqh al-mu‘āmalāt; being directly
related to the economic and finance fields. This article scrutinizes
debt financing aspect as perceived indirectly by the author in the
mu‘āmalāt chapter. This article applies a literary critical method
known as taḥqīq al-nuṣūṣ. It was found that debt financing can
be identified under four (4) subtopics of contract: al-salam,
al-ijārah, al-qarḍ and al-murābaḥah. It also points out that
debt financing is relevant to the practice in Malaysian Islamic banking. This particular relevancy can be summarized into two
main aspects: aspect of definition and aspect of application. In
addition, this article also illustrates that with some modifications
in preparing debt financing concepts in accordance to Sheikh
Daud’s views, the practice will become more Shariah compliant
as well as more practical.
Affiliation:
- Universiti Islam Sultan Sharif Ali, Brunei
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