Transcendental Ethics Between Islam and the West: An Analysis of the Fatwa of the National Sharia Council of the Indonesian Ulema Council on Usury in Murabahah
Transcendental Ethics Between Islam and the West: An Analysis of the Fatwa of the National Sharia Council of the Indonesian Ulema Council on Usury in Murabahah

Summary/Abstract: Theoretical Framework: This paper used the philosophy of axiology or philosophy of values as a theoretical framework. It also uses the prophetic paradigmThis study uses a normative-philosophical legal research method. The type of data is secondary with a literature review to obtain data. While the data analysis uses descriptive analysis, interpretation, and hermeneutics.The results of the study show that the fatwa on murabahah, especially those related to the regulation of usury as stated in the DSN-MUI fatwa No. 04/DSNMUI/IV/2000, shows that Islamic ethics is still mixed with western ethics, especially Protestant ethics in Max Weber's understanding. This happens because there is a clause in the general provisions that allows customers to buy their own goods using the wakalah contract.The implication is that researchers must be more and more productive in discussing and writing about murabahah. This research is limited to the DSN-MUI fatwa and ethics to understand usury in murabahah so it needs to be expanded again with other aspects, such as contracts, guarantees, discounts and othersResearch on murabahah and the DSN-MUI fatwa has been widely conducted by researchers both in Indonesia and the world. However, research that discusses aspects of Islamic and Western ethics as a barometer for assessing fatwas is still very rarely conducted by researchers. So, this research is very important to add references and different perspectives to assess fatwas.

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