THE RULE OF درء المفاسد أولى من جلب المصالح AND ITS APPLICATION IN DSN MUI FATWA NO.137 ON SUKUK

Abstract

This research journal is made to describe and interpret the findings or observations regarding the concept of fiqh rules درء المفاسد أولى من جلب المصالح in the fatwa on Sukuk. This rule is a branch rule of the fifth basic fiqh rule, namely Adh-Dhararu Yuzaalu, which means that if there are two things, mafsadat and maslahah, preventing mafsadah is more important than seeking maslahah or benefit. The rules of fiqh are utilized as the foundation for defining Islamic law in new concerns that arise with the passage of time, particularly in economic transactions, or muamalah maliyah, which inevitably arises in Islamic financial institutions. As a result, the presence of the DSN-MUI fatwa as a legal basis in line with the development of the Islamic capital market and economy in Indonesia's Islamic financial system is also justified. This rule applies to all problems that have mashlahah and mafsadah ingredients. So if mashlahah and mafsadah come together, then the priority is to reject mafsadah. Technological advancements affect not only social, political, and cultural life, but also the economic. Sukuk is one that is being discussed. Sukuk are securities that serve as proof of ownership of assets, which might be tangible, intangible, or project contracts resulting from certain operations. The research study employs the library research method, in which data and information are gathered from library sources derived from books, journals, articles, and other sources that are still relevant to this topic. Based on the research, it is concluded that Sukuk is permissible as long as it does not contradict Shara' and complies with the provisions of the DSN-MUI fatwa on Sukuk.