Kompilasi Hukum Ekonomi Syari’ah (KHES) dalam Tinjauan Hukum Islam

Abstract

This paper tries to see the Compilation of Islamic Economic Law (Kompilasi Hukum Ekonomi Syariah/KHES) by Islamic law perspective. This KHES compiling constitutes the ”positifization” effort of economoic law into national law system which that’s by sosiological as response to new growth in economic law in the form of Islamic economic practices in Islamic finance institutions (lembaga keuangan syari’ah/LKS). KHES is none other than the fiqh of Indonesia and ijtihad collective. That refers to resourches which have popular in Islamic schools of law with eclectic pattern. Because in its compiling has entangled Islamic judges, that represents the result of ijtihad, althougt in its compiling has only entangled a part of small expert and practitioner in Islam law, not yet accomodated widely, so that will find many problem in its applying. Nevertheless KHES is the masterwork and the new penetration in economic law in Indonesia.

Keyword: KHES, positifisasi, fikih, dan hukum Islam.