HYBRID CONTRACT AND COMMERCIAL INTERESTS; AN ANALYSIS OF AL-QARDH AS BASIS CONTRACT IN FATWA DSN MUI INDONESIA

Abstract

This paper analyzes the DSN MUI fatwa associated with al-Qardh. The paper also analyzes the hybrid contract law as the basis of the fatwas issued by DSN by combining al-Qardh and other contracts. This paper was based on qualitative research using a literature review to analyze multiple contracts that are needed and indications of hilah. The results show that the majority of scholars allow hybrid contracts in islamic banking. But some scholars underline the hybrid contract aims to legalize usury, it is strictly forbidden. To issue a fatwa there needs to be a moderate manhaj in using syariah texts and maqashid shariah.