Analisis Yuridis Ayat Al-Baqarah 198: Perspektif Hukum Islam dan Hukum Positif

The interpretation and application of religious texts, particularly in the context of legal systems, often present complex challenges. One such instance is the analysis of verse 198 of Surah Al-Baqarah in the Quran, which deals with the concept of "riba" (interest). This verse has been a subject of extensive debate and interpretation, leading to diverse perspectives within both Islamic law and contemporary legal frameworks. This article aims to delve into the legal analysis of this verse, examining its implications from the perspectives of Islamic law and positive law, highlighting the complexities and nuances involved.

Understanding the Verse: A Foundation for Analysis

Verse 198 of Surah Al-Baqarah states: "O you who believe! Do not consume usury, doubled and multiplied. And fear Allah, that you may be successful." This verse, along with other verses in the Quran, explicitly prohibits the practice of usury, which is understood as the charging of interest on loans. The prohibition of riba is a fundamental principle in Islamic law, rooted in the belief that it is unjust and exploitative. However, the interpretation of this verse and its application in modern legal systems have led to diverse interpretations and approaches.

Islamic Law Perspective: The Prohibition of Riba

Islamic law, or Sharia, draws heavily upon the Quran and the Sunnah (the Prophet Muhammad's teachings and practices) for its legal principles. The prohibition of riba is a cornerstone of Islamic finance, and scholars have developed elaborate frameworks to define and regulate financial transactions that comply with Islamic principles. The concept of riba is broadly understood as any increase in the principal amount of a loan without a legitimate economic justification. This includes interest, as well as other forms of financial gains that are considered exploitative.

Positive Law Perspective: The Acceptance of Interest

In contrast to Islamic law, most modern legal systems, including those in the West, accept and regulate the practice of interest. Interest is considered a fundamental element of financial markets, facilitating borrowing and lending, and driving economic growth. The legal frameworks of these systems are based on secular principles, often prioritizing individual freedom and economic efficiency. This divergence in perspectives creates challenges in reconciling Islamic principles with the realities of modern financial systems.

Reconciling the Differences: A Search for Common Ground

The differences in perspectives between Islamic law and positive law regarding riba present a complex challenge. While Islamic law prohibits interest, positive law accepts and regulates it. This divergence has led to ongoing discussions and efforts to find common ground. Some scholars argue for the development of alternative financial instruments that comply with Islamic principles, such as profit-sharing arrangements or Islamic banking models. Others advocate for a more nuanced understanding of riba, recognizing that certain forms of interest may be permissible under specific circumstances.

Conclusion: A Continuing Dialogue

The analysis of verse 198 of Surah Al-Baqarah highlights the complexities of interpreting religious texts in the context of legal systems. The prohibition of riba in Islamic law stands in contrast to the acceptance of interest in many modern legal frameworks. This divergence necessitates ongoing dialogue and efforts to find common ground. While the challenges remain, the search for solutions that respect both religious principles and the realities of modern financial systems is crucial for fostering understanding and promoting ethical financial practices.