Sunday, January 20, 2013

Maqashid Shariah in Economy


Abstract
Maqashid Shariah are the ultimate guideline for muslim to act upon this world. It can be applied in many aspect of life and will bring good things for not only their life as an individual but also for their fellowman. The ground rules was to assured the continuity of people religions, life, intellectual thought, lineage and property. For an example on this paper was the Loan to Value policy which was released at 2012. By examining it reasons and impact toward the five foundations of maqasid shariah can be included as an act of maqasid shariah.
What is Maqasid Sharia
There are 2 natures of syariah law, first one is the law was firm (muhkamat), so that moslem will have a one set of mindset, feels and behaviour and the law will form moslem becoming one great unity of people. And the other nature were temporal (mutasyabihat) which mean that the law are open for room of differentiality due to the variety of time and places as long as it is still in the coridor of shariah purpose. Which on this case the law itself can be bend in order to gain the welfare of human live.  Both of this islamic nature law are the one that kept Islam originality and able to survive throughout centuries.[1] Shariah law were meant for the wellfareness of mankind, either it is in this world and also the afterlife periods. These purposes of shariah law were named “maqasid shariah”.

Maqasid in arabic are word for goals or purpose, in islamic context the phrases maqasid refer to the purposes of Islamic faith, either through zakat, pilgrimage or even the Qur’an and Sunnah text[2]. While Shariah are define as “the road to a water source” which in these case can also  be defined as “walk to the source of live”. If we combined both of this word we can describe it as the way we deliberate ourselves intentionally walking toward our goals which was the source of live.

Maqasid shariah will be defined as the goals of Shariah, which can be divided into five foundational goals, which was to protect and preserve mankind :
-          - Religion
-          - Life
-          - Lineage
-          - Intellect
-          - Property

According to Imam Ghazali as mention by Ali Rama in 2012 the main purpose of Sharia is to achieve mankind wellfareness which lies in the protection toward their religion (din), Life (nafs), Intelectuality (‘aql), lineage (nasl) and belongings (mal). Any kind of thing that will be able to protect this five public element must became obligatory and all things that threaten these five element must be eliminated.

Al-Syatibi as quoted by Asafri Jaya Bakri at his book Maqashid Shariah Concept by al-Syatibi as quoted by Abdullah[3] says Al-Syatibi didn’t define Maqashid Sharia comprehensively. He only encourages the key word of Maqashid Shariah is Maslahah or the wellfareness of mankind for now and the afterlife. That is why Al-Syatibi put Maslahah as ‘illat or the reasoning for Islamic Shariah Law.

Type of Maqashid Sharia
 In general according to Al-Syatibi as quoted by Qamarudin[4] there are two type of maqasid maqasid ashliyah and maqasid tabi’ah.
Maqashid ashliyyah means that there is no room for human involvement in it. it was God Given for all religions anytime anyplace undebatable. While maqashid tabi’ah means that there is a portion of mukallaf involvement. Within this aspect human will be able to fulfill their desire and needs, and by doing that all human matters for their basic life needs and their religious needs can be uphold. maqashid tabi’ah are a suplementary for maqasid ashliyyah. It completes the first type

How to determine Maqasid Sharia
Muhammad Thahir ibn ‘Asyur in his book Maqashid Shariah Islamiyah as quoted by Qamaruddin says that there are three ways to determine maqashid syariah. which was :
1.    istiqra’ (sampling)
This method were concidered to be the best way to determine maqasid shariah and it was divided into two types which the most recomended type were by checking does the law samples has already aligned (makruf) with it’s illat, and then we recheck the illat as it being apllied in law process. By then maybe we could understand it shariah purpose.
2.    By doing deeper research from Qur’ans text which is already had an absolute or obvious meaning, by then it will minimize the risk of misintepretantion of translation of arabic words.
3.    The third method was by checking through mutawatir hadits, whether it was mutawatir maknawi or mutawatir ‘amali. Maknawi are mutawatir that came from observing how  our prophet Muhammad S.A.W inner circle friends behave and act in their daily life which was a sample taken from Muhammad S.A.W act and behaviour. Which then create a believable and convincing knowledge regarding to religion issue. While mutawatir ‘amali are knowledge that came from a hadist through an observation of a repetitive act from Muhammad S.A.W so then they made a conclusion that it was the purpose of shariah on that matter.

Loan to Value Policy
As it was written in Surat Edaran Bank Indonesia no 14/10/DPNP dated 15th March 2012 regarding to Management Risk Implementation for Banks that gave lending for mortgage & automotives. Bank of Indonesia arrange that loan to value for mortgage lending and down payment need to be raised higher in order to streghten financial sector power and stability.
LTV ratio are ratio number between amount of financial lending that can be given by bank toward down payment at the start of the lending agreement. The number that been agreed upon was 70% which means that in this case customer is obligatory to pay down payment as much as 30% of total collateral price. This policy is set for all kind of retail costumer lending such as mortgage, apartment but not include home office with more than 70m2. Any government housing project were all exclude from the LTV policy  
LTV policy were officially started at second semester of 2012 or 3 month since it’s admitted as a policy in march 2012. Bank of Indonesia gave a 3 month transition periode where they hope that it will be enough time for banks to made an adjustment on their Standart Operating Procedures (SOP), socialiation and also adjustment on the reports submitted to BI. After 3 month all consumer lending process must be run with the new policy. For banks that disobey this policy will be given an administrative penalty as it was written at Peraturan Bank Indonesia (PBI) No.11/25/PBI/2009 tanggal 1 Juli 2009 about Risk Management Implementation.
This policy were published due to the rapid growth of consumer lending that shows how our community became more and more consumptive, unfortunately there is a major concern that this rapid growth of consumer lending will lead to big financial cases such as subprime mortgage at the USA. To minimized that risk, maintain the market to assured that real sectors were actually growing in a healthy condition not with a lot of troubled payment on later days. With a minimuz standards for down payment the government was hoping that the number fo non performing loan will be reduced.

Does LTV a Maqashid Shariah Economic Policy
Basically if we refer to earlier definition, the term maqasid can be measured by the objective of regain welfare or maslahah that includes preserving the 5 element of religion, life, intelectual, lineage and property.
It is islamic teaching that human can’t be selfish and greed. We need to know how to limit ourselves, LTV policy can be define as one way for man to restrain theirselves. Although doing transaction with other through trading was recomended but having a debt that can’t be paid as the previous arrangement was not recommended as it is written in Quran
“And God has permitted trading and prohibited interest. So, whoever receives an advice from his Lord and stops, he is allowed what has passed, and his matter is up to God (to judge). And the ones who revert back, those are the people of Fire. There they remain (for ever).” [2:275]”
“O you who have believed, when you contract a debt for a specified term, write it down. And let a scribe write [it] between you in justice. Let no scribe refuse to write as Allah has taught him. So let him write and let the one who has the obligation dictate. And let him fear Allah , his Lord, and not leave anything out of it. But if the one who has the obligation is of limited understanding or weak or unable to dictate himself, then let his guardian dictate in justice. And bring to witness two witnesses from among your men. And if there are not two men [available], then a man and two women from those whom you accept as witnesses - so that if one of the women errs, then the other can remind her. And let not the witnesses refuse when they are called upon. And do not be [too] weary to write it, whether it is small or large, for its [specified] term. That is more just in the sight of Allah and stronger as evidence and more likely to prevent doubt between you, except when it is an immediate transaction which you conduct among yourselves. For [then] there is no blame upon you if you do not write it. And take witnesses when you conclude a contract. Let no scribe be harmed or any witness. For if you do so, indeed, it is [grave] disobedience in you. And fear Allah . And Allah teaches you. And Allah is Knowing of all things”[2:282]
Unfortunately the increase of consumer financing lately also followed by the increase number of non performing financing which means that a lot of people are taking a loan which they can’t handle and they only bought things that they doesn’t needed or able to afford it yet. They become consumptive and the unability to handle the payment arrangement can cause people to be trapped in debt which can ruin their life.

Nowadays it is normal for people in jakarta to spent about 1-2 hours from their home to their workplace. When we times it 2 for their way back, we could say that jakarta citizen spent in average around 3 hours of their life on the street. By implementing this policy let just hope that there will be a reduce in numbers of cars and motorbike crowding at the street of jakarta. Less automotive will create a less traffic jam that allows people to have more time to spent with their family and loved ones. The reduce hours spent on the street can be utilized by people on other stuff that they doesn’t have time to spent before. Either they can spend it on doing their hobbies or they can spend it for another job or studying new stuff.

Although this policy seems like holding back people in order to fulfilling their need of home and rides. It is actually helping them to be avoided from the possibility of being trapped in a debt. By increasing the minimum down payment for the customer financing will direct people to be more concern with their budget allocation and consumption rate.

Conclusion
As we can see maqasid shariah can be universal,any act we do either it was a government policy in social sector, tourism and travel sector, or economy sector as long as it is for the good of others and preserving and also protect mankind religion, life, intellectual thought, lineage and property then it is a must be done things. On the other hand if it is bringing negative sentiment for those 5 foundation of maqasid shariah then it must be avoided. There is no religion issue regarding to uphold these 5 foundation.
Maqasid Shariah in Economy for an example like the LTV policy that has been started in 2012. Shows that maqasid shariah was not only for moslems but for all mankind. Like the saying that Qur’an and Hadist are sent down from Allah S.W.T to be a universal guideline for all mankind and can we just say that maqasid shariah were the path that mankind took to get back and knows their purpose in life.

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