A comparison between fatwa in Malaysia and Indonesia in muamalat / Ahmad Husaini Abd Karim … [et al.]

Muamalat in general is a relationship between humans and humans, especially muamalat related to property such as the concept of property, ownership theory, contracts, buying and selling, companies, waqf, investments and mortgages. However, it is not widely written and studied in Malaysia because the rapid development only happened after Islamic banking was offered in 1983. However, writing in the form of fiqh has been approved by writers and researchers since long ago. This paper is a content analysis study (content analysis) involves previous writing and research, especially related to fatwa muamalat in Malaysia. The trend of writing and research related to muamalat and fatwa can be divided into two eras, namely before and after Islamic banking was established, which is in 1983.

The writing of fatwa muamalat before and after independence revolved around buying and selling, riba and zakat explained in the form of questions and answers. While the subsequent writing up to 1983 focused on issues and recommendations for more comprehensive improvements about the institution of fatwas and related issues that were analyzed based on fatwas. Writing and research after 1983 until now was carried out in line with the development of muamalat itself which not only touches on contracts. Usually like al-mudarabah, al-murabahah, qard hasan, wadi'ah and al-wakalah which is applied in Islamic banking and takaful and even expanded to newer products such as qirad, currency system, copyright, currency trading, caveat emptor, sukuk, capital market, takaful, taxation, zakat institutions and social security.

Observing the form and method of writing fatwa muamalat found that there is a focus on certain themes and aspects such as history, legislation and administration. In addition, there are different approaches to data analysis methods such as legal analysis, community acceptance, implementation problems, application in law and practice industry in neighboring countries. On the whole, the writing of muamalat fatwas is very less compared to writing about muamalat. However, for the purpose of further explanation of the intended literature, the following highlights the writing and research related to fatwa muamalat in Malaysia.