PERTARUNGAN HUKUM SHARI’AH DAN KAPITALISME DALAM SISTEM PERBANKAN KONTEMPORER DI INDONESIA

Abstract

Islamic banking is a bank that operates based on economic principles that set in Islamic
law. The capitalist system with its interest concept is an economic system that has some
variants contrary to Islamic law. Although, the concept of interest a debate among Muslim
scholars and scientists, but the presence of Shari’ah banking has proven economic expert
support Muslims with the prohibition of interest system. Philosophically and axiology
profit and loss sharing, sale and purchase, and the system of interest has its implications.
Rate system is a system that is contrary to shari'ah banking operating system, but often the
existing product ownership in the shari'ah as the product mura>bah}ah is identical to the
system of interest. Similarly, other products are still difficult to distinguish from
conventional systems / capitalist in its operations. On the plains, epistemology, banking
products shari'ah should be improved so that it becomes a pure economic system is based
on Islamic law, not the capitalist system of legalized with the philosophy of Islamic law. In
other words, there needs to be alignment between the philosophical and epistemological
aspects in the development of banking products shari'ah.
Keywords: Profit sharing, murãbahah, islamic law, riba’, bank, interets.