Contribution of islamic law in the discretionary scheme that has Implications for corruption

Abstract

This paper explores the studies of the contribution of the Islamic law to discretion (freis ermessen) that has implications for corruption. This used a normative juridical study method, where the law was seen as a normative tool with a library research approach. The exploration of the Islamic law is carried out because it is one of the material sources of law in Indonesia. This paper aims to provide solutions to the discretion products which are the products and actions of state administrative officials (bestuurshandeling) so as not to be trapped in corruption. There are two findings of this study. First, the making of the discretionary scheme to identify the problems to be resolved in discretionary actions that have implications for corruption results in the basic values that have not been interpreted to the practical level and personality problems. Second, the contribution of Islamic law to this discretion problem lies in the basic values that can be used as a reference to the practical level by referring to the ushul principles contained in the literature of the Islamic law and the personality, in which the officials must perform the exemplary attitudes, muroqobah, qona’ah and protecting themselves and their families from bad things, so that the abuse of power in discretion does not lead to corruption.