HUKUM DAN APLIKASI BAY‘ AL-‘ĪNAH MENURUT MAZHAB DAN ULAMA KONTEMPORER

Abstract

Bay‘ al-‘īnah is a buying and selling contract that becamethe debate of classical and contemporary scholars interms of law and its implementation. Therefore, it isnecessary to have an article describing the concept ofbay‘ al-‘īnah to determine the law of the bay‘ al-‘īnah. Inthis article the author will explain the concepts, laws andapplications of bay‘ al-‘īnah according to contemporaryschools and scholars by stating their reasons forchoosing strong opinions. The fuqaha agree to forbidthe bay‘ al-‘īnah if there is a condition that ma‘qud ‘alayhmust be resold to the seller of origin. Likewise, if thereis a hint of the existence of ḥīlah do the usury then thelaw also is void. What is fuqaha debate is that if there isno such requirement and no referent. In this case theauthors hold that the bay‘ al-‘īnah contract is haram if theintention of doing usury is not stated in contract.However, the status of the contract is valid or not voidas long as there is no requirement of mabī‘ to be resoldto the original seller and the absence between the twoparties who intend to do usury. This is because with theintention, although outside the contract then theintention of usury has been declared and can cancel thecontract.Keywords: Murābaḥah, Instrumen Pembiayaan, KeuanganIslam Modern