SADDU AL-DZARIAH, DHARAR IN TRANSACTIONS AND FIQH PRINCIPLES

Abstract

This research aims to discuss Saddu Al-dzariah in the transactional activities of the Muslim community, as well as a case study on Sharia Financial Fatwas, and the concept of dharar in the daily activities of the Muslim community and its relation to fiqh principles. This research method is a literature review. (library reearch).This type of research is qualitative. This method conducts an in-depth study of the object being researched. The approach used in this research is a descriptive analytical approach, which aims to describe or depict the current state of the research object based on the facts evident in the literature. The result of this research indicates that in credit transactions (baiy’al-ajal), it is important to consider the purpose or consequences, which may lead to actions that contain elements of usury, even if the nature of such actions is merely a strong presumption (galadah azh-zhann). This is because Islamic law often determines rulings based on strong presumptions. Additionally, a cautious attitude is necessary. (ihtiyat). There are many prohibitions against actions that are fundamentally permissible, but are forbidden in order to prevent harm. Harm is the experience of pain, even taking the form of difficulties that significantly affect human existence. If it is not resolved, it can threaten religion, life, lineage, property, and human dignity. Harm protects life from destruction or from a very detrimental position, so in such circumstances, harm allows for actions that are otherwise prohibited. This means that this substance falls into the first classification, where its substance is very urgent and influential to the existence and continuation of human life. Meanwhile, the Fatwa DSN NO:75/DSN-MUI/IV/2009 regarding PLBS (Sharia Multi-Level Marketing), the implementation of several companies that call themselves PLBS or Sharia MLM in practice should be carefully observed and monitored again, as it could lead to psychological and sociological impacts within the community; therefore, it would be better to abandon it.