HYBRID CONTRACT ACCORDING TO SHARIA ECONOMIC LAW PERSPECTIVE

Abstract

A hybrid Contract is a combination of contracts (multi-contract) in one product or one transaction. Hybrid Contract is the flagship product of Islamic banks to respond to the needs of the community where the single form of contract is no longer able to answer and respond to the needs of modern financial transactions. A hybrid Contract is a case of contemporary muamalah fiqh that requires answers from scholars. If you refer to the hadith literature that the Messenger of Allah forbade one transaction of two contracts, then indeed the study of Islamic fiqh is very shallow and narrow. The understanding of progressive, dynamic, and relevant fiqh with the times is the point of this contemporary muamalah fiqh study. This research is qualitative research with the library research method. The author searches read and analyze the literature related to the topic. The results of the study show that the rules of fiqh state that the original law of everything is permissible until there is a proposition that states its prohibition. Therefore, according to the Fatwa of the National Sharia Council (DSN), hybrid contracts are allowed because the application in the current Islamic banking sector is different from the case of buying and selling transactions during the time of the Prophet. So there is no shari'ah argument that states it is haram.