Qiyas Method in Legal Istinbath Forex Trading

Abstract

Qiyas is the fourth source of law in Islam, regarding this source of law there are differences of opinion among scholars regarding the blasphemy of qiyas, the method of taking law in qiyas provides a broad view so that all issues that arise can find a legal basis. Thus in carrying out various kinds of muamalah activities can be carried out with legal clarity. The dynamics of development and innovation of Islamic financial contracts in the Islamic economy will of course continue to develop according to the era of their existence. Therefore, it is a challenge that must be answered by Muslim scholars to provide legal certainty to the people when modern financial contracts arise in society. The purpose of this paper is to explain the concept of qiyas as a method of istinbath in Islamic law and then examine the application of qiyas in the discovery of Islamic economic and financial law. This type of research is normative legal research with a conceptual approach. Legal materials were collected through literature studies with discussions on ushûl fiqh (methodology of Islamic law) and fiqh mu'âmalah (Islamic jurisprudence on economics and finance) in classical and contemporary literature. Qiyas is one of the legal istinbath methods that has a very important position in economics and finance. Exploring law with qiyas must be carried out through careful and in-depth studies by looking at the correct similarities of 'illat (legal motives) so that the process of constructing qiyas thoughts in finding laws can be applied appropriately. Forex Trading can be done, based on the Sale and Purchase (Exchange) of Gold and Silver (Ribawi Goods).