Author(s): Hirsanuddin, Galang Asmara, Abdul Atsar
The progress and development of technology brings various problems, first in the field of economics, especially in the field of banking. Various kinds of transactions that occur today have no arrangements when the Prophet Muhammad was still alive. The problem must be sought legal status, otherwise human life becomes difficult, which is why Islamic jurists are trying to find answers to the problem, one of the fundamental concepts that become islamic teachings is the welfare of the ummah (maslahah). Maslahah mursalah is one of the very popular themes in the study of Islamic law, because maslahah mursalah is the purpose of syara' of the establishment of Islamic law. But the use of maslahah mursalah as a source of Islamic law raises debate among Islamic jurists who in principle split into two golongs that support and reject. This research raises two main issues, namely first, how the debate/opinion of Islamic jurists on the use of maslahah mursalah as a source of Islamic law, and second, how to apply maslahah mursalah in business transactions in Islamic banking. The type of research conducted is normative legal research that examines primary and secondary legal materials using a statutory approach, conceptual approach and analytical approach. The results showed that there is a difference of opinion of Islamic jurists on the use of maslahah mursalah as a source of Islamic law, this is because there is no specific proposition that determines the acceptance of maslahah mursalah by syara' either directly or indirectly. But most islamic jurists accept maslahah mursalah as the source of Islamic law. Maslahah mursalah has been applied or implemented in business transactions in Islamic banking and has been covered by the Fatwa of the Indonesian Ulema Council of the National Sharia Council Number:7/DSN-MUI/IV/2000 on mudharabah financing (Qiradh).