COMPARATIVE STUDY OF SALE AND PURCHASE ACCORDING TO MADHHAB FIQH AND FATWA DSN MUI NO. 110

Abstract

This study aims to examine and compare the concept of sale and purchase (jual beli/bay') according to the four schools of Islamic jurisprudence (madhab fiqh) Hanafi, Shafi'i, Maliki, and Hanbali and to analyze their relevance to DSN-MUI Fatwa No. 110/DSN-MUI/IX/2017 on the Contract of Sale and Purchase (Akad Jual Beli). This research employs a normative-comparative legal approach using library research methodology, drawing on classical fiqh texts, contemporary muamalah literature, scholarly journals, and DSN-MUI fatwas. The findings reveal that all four schools share strong common ground on fundamental principles: the permissibility of sale and purchase based on QS. al-Baqarah: 275, the necessity of mutual consent (ridha/taradi), and the prohibition of riba and excessive gharar (gharar fahisy). Differences arise at the technical-operational level, particularly in determining the number of pillars (arkan): Hanafi recognizes only one (sighat), while Shafi'i and Maliki recognize three, and Hanbali four. Divergence also emerges on the validity of ta'athi (exchange without verbal offer-acceptance), and the application of sadd al-dzara'i' to contracts such as bai' al-'inah and bai' al-wafa'. DSN-MUI adopts an eclectic (talfiq) approach oriented toward maqashid al-shari'ah: adopting the majority's (jumhur) pillar structure (Shafi'i-Maliki), applying Maliki-Hanbali sadd al-dzara'i' in rejecting ribawi legal stratagems (hilah ribawiyyah), and accommodating Hanafi-Hanbali flexibility on ta'athi and 'urf for modern transactional needs. In conclusion, the opinions of the imams of the four schools remain highly relevant as methodological references for DSN-MUI in responding to contemporary challenges in Islamic economic law.