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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