‘URF DAN JUSTIFIKASINYA DALAM ANALISIS HUKUM FIQH AL-MU‘ĀMALĀT

The rapid development of modern financial transactions brings with it many shariah issues. all sorts of issues require great effort from muslim scholars in order to give proper solutions, not only to comply with shariah principles, but also to satisfy the needs of current societies. however, since the canonical islamic laws of contract are generally based on the custom (‘urf) and common practice in that period, it will not be able to cover all parts of modern financial transactions. in the early writings of islamic legal theories, ‘urf was regarded as one of the disputed sources and methods of law, as well as istihsan and istislah. yet, extensive studies by modern islamic scholars found that the doctrine, in fact, was applied by all schools of law. this article emphasizes the authority of al-‘urf in islamic legal theories and its significance in analyzing fiqh al-mu‘āmalāt issues. the justifications to the authorities can be discovered via flexibility of islamic laws and the concern of al-maqāsid al-sharī‘ah to the public equity. this article also suggests that modern financial transactions must be scrutinized in their own circumstances and not only by referring to the canonical commercial transaction nor some superficial amendments considered as islamic transaction.