| Abstrak/Abstract |
Development as way to achieve the prosperity need legal subsystem as part of social system that have integration function. Islam as the comprehensive way of life provide sharia as universal system. Sharia gets its real form after formulated in fiqh. In economic context, fiqh mualamah is formulated in Indonesia legal system, such as in banking sector. Economic fiqh as concept focus on social function (tabarru’), besides on business function that oriented on profit (tijarah). Economic fiqh will be strong if it is adopted as a substance of statutory regulation. The basic question arises, is Indonesia constitution permit economic fiqh as source of legal development? However, Indonesia is not a state based on religion nor Islamic state. How economic fiqh role to build inclusive economic in Indonesia? This study is a normative-legal research using literature review to dissect secondary data. Among the secondary data that this study has dissected are statutory regulations, various legal documents, past studies, and other references which are relevant with economic fiqh and legal development, especially to build inclusive economic. The legal substance of economic fiqh need to support by legal structure and legal culture, so it can be effectively implemented. The best practice of economic fiqh in Indonesia is sharia micro-financial body or popularly called Baitul Maal wat Tamwil (BMT) that empower micro, small, and medium scale enterprises. By this way, economic fiqh can be identified a source of legal development on inclusive economic as tool to distribute the prosperity to the citizen. |
