Metode Interpretasi Pada Hukum Ekonomi Islam

Abstract

This study aims to explain the importance of legal interpretation towards formulation of the texts had a legal certainty, especially for law enforcers which purpose to maintain the value of justice and usefulness of law, especially in Islamic Economics scope. Further, a law enforcers who in their speech are considered to know the law (ius curia novit) are able to solve the problems based on certainty, justice, and legal expediency. This subject is an interesting study about what the method of interpretation is as part of the method of legal discovery, also the relevance of the ijtihad method as a way of interpreting law on the application of Islamic economic law. This research is a literature study that tries to describe the importance of interpreting legal texts (statutory regulations) through descriptive-analytical methods that process data qualitatively, to response the importance of legal interpretation and examples of its application in Islamic Economics. The findings in this study is a society and law have a close reciprocal relationship, sometimes the law and society affects each other. Because the value of legal certainty in a standard rule and has been codified in the form of law (legislation), sometimes makes the law understood statically and rigidly, so it is unable to provide justice and benefit values in certain cases. Therefore, the law that has been formulated sometimes requires interpretation by the judge to fulfill the element of justice in the life of a developing society.