Open AccessTinjauan Istihsan Terhadap Bai’ al- Wafa’ Di Baitul Maal Wa Tamwil Sidogiri Cabang Bondowoso
Author(s) -
Ubaidillah Ubaidillah
Publication year - 2018
Publication title -
istidlal
Language(s) - English
Resource type - Journals
eISSN - 2548-7957
pISSN - 2548-754X
DOI - 10.35316/istidlal.v2i2.114
Subject(s) - sharia , business , real estate , accounting , law , immovable property , business administration , management , islam , economics , political science , property (philosophy) , finance , theology , philosophy , epistemology
The birth of the first sharia bank in Indonesia is PT Bank Muamalat Indonesia (BMI). However, lately many emerging sharia-based financial institutions other, cultivated sharia cooperative in the form of BMT. Inside the BMT, we are familiar with the term buy back or bai' al-wafa'. Bai 'al-wafa' is a buying and selling is done by someone who need money by selling (real estate/real property) goods is owned by agreement if he can pay (the price) then he can take back the goods while the legal basis bai 'al-wafa' according to Hanafi Madzhab is istihsan. Istihsan is the turning of a mujtahid from qiyas street jaly (real) to qiyas the khafi (vague) or the turning of a mujtahid from law kulli (general) to the law istitsna`i (limit) because it crossed their minds there is a superior proposition.