Sistematika Penulisan Jurnal
format telaah / kritik terhadap konsep teori / fenomena
|
Judul |
Reinterpreting the Ratio legis of the Prohibition of Usury |
|
Nama Penulis |
1M. Anton Athoillah and
2Sofyan Al-Hakim |
|
Afiliasi Akademik Penulis |
1The Faculty of Social and Political Sciences, State Islamic University (Universitas Islam Negeri) Sunan Gunung Djati
Bandung, Indonesia 2The Faculty of Sharia and Law, State Islamic University (Universitas Islam Negeri) Sunan Gunung Djati Bandung, Indonesia |
|
Email Penulis |
kafabil@yahoo.com [(corresponding author) (sekarang email terssebut disarankan tidak dihubungi, diganti dengan anton_athoillah@uinsgd.ac.id)] |
|
Abstrak |
One of the differences of the sharia finance and the conventional counterpart is that the former doesn’t allow any kinds of interest. Interests applied in the conventional finance are identified as usury. Whatever the size of a debt is, if the payment is calculated based on the quantity of the debt and the duration of the payment, any payment excess is categorized as usury and it is forbidden. Descriptively, upon examining classic and contemporary sources, the interpretation of usury is not singular. Classical scholars have different opinions on the ratio legis (‘illah) of the sinfulness of usury and the kinds of forbidden usury. The usury definition developed by the contemporary financial institutions is taken from some of the many scholars’ opinions. The argument being chosen tends to be legal -formal, so it also tends to ignore the deepest essence of the usury prohibition, that is to prevent exploiting attitudes (dhulm). This legal-formal approach opens possibilities for sharia financial products to have exploitative characteristics. Taking these facts as background, this essay proposes a reinterpretation of usury, not only seen as a loan interest, but as a process of the embodiment of sharia financial institution that is just and humanistic. |
|
Key words: |
Ratio-legis (‘illah); Usury; Interest; Profit and loss sharing |
|
INTRODUCTION |
Halaman 1390-1391 |
|
Understanding the Ratio Legis (‘Illah) of Usury Prohibition |
Halaman 1391-1396 |
|
The Consequences of Usury Meanings and Their Application in the Financial Institutions |
Halaman 1396-1399 |
|
CONCLUSION |
Halaman 1399 |
|
REFERENCES |
Halaman 1399-1400 |