AL-MASYAQQĀH TAJLIB AL-TAYSIR IMPLICATIONS IN COMMUNITY THOUGHTS AND ECONOMIC BEHAVIOR IN THE ERA OF INDUSTRIAL REVOLUTION 4.0

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1. AL-MASYAQQ ĀH TAJLIB AL-TAYSIR IMPLICATIONS IN COMMUNITY THOUGHTS AND ECONOMIC BEHAVIOR IN THE ERA OF INDUSTRIAL REVOLUTION 4.0 Hisam Ahyania a a Lecturer at Islamic University of Miftahul Huda Al Azhar (STAIMA) Banjar City, Indonesia Doctoral Student of Islamic Law, majoring in Shari'ah Economic Law, State Islamic University of Sunan Gunung Djati, Bandung, Indonesia Email: hisamahyani@gmail.coma ARTICLE HISTORY ABSTRACT Received: 12 June 2016 Revised 15 June 2016 Accepted: 17 June 2016 Online available: 20 June 2016 The Qawa'id fiqhiyyah al-Masyaqqāh Tajlib al-Taysir is a general foundation in social thinking and behavior that provides guidance for all people and nations in Indonesia, especially in the Era of the Industrial Revolution 4.0 as it is today, to carry out various interactions with each other. The guidance given concerns several aspects of life such as legal, economic, social, political and state aspects, as well as culture to human behavior problems when collided with Islamic economics by understanding the principles contained therein. This research focuses on the study of qawa'id Fiqhiyah al-Masyaqqāh Tajlib al-Taysir, which means Difficulty of Giving Birth to Ease, and its implications for economic thought and behavior in society in the current era, namely the era of the Industrial Revolution 4.0. In this case, the understanding of the difficulty of giving birth to ease is that mutlaq is needed to carry out an ijtihad or renewal of thought. The existence of this fiqh principle, in which the difficulty of giving birth to convenience proves that Islam, with all its tools, pays close attention to human behavior in fulfilling the daily needs of both social and economic needs. This can be proven when Allah SWT allows Muslims to interact and transact with non-Muslims at the same time, even Allah SWT gives flexibility to the mukalaf in determining their economic activities according to their ability levels. However, this almost Qath'i rule, namely masyaqqah is limited by the Shari'a in order to maintain the originality of human benefit from the rules made by the creator. Keywords (Calibri10): Keyword a, Keyword b, Keyword c, Keyword d, Keywordn. The keywords should be avoiding general and plural terms and multiple concepts. Keywords should not more than 5 words or phrases in alphabetical order. *Correspondence: Name: E-mail: ……. Keywords: Ushul Fiqh, Masyaqqāh, Taysir, Islamic Economics, Industrial Revolution Era 4.0
2. Hisam Ahyani INTRODUCTION The opinion of an ualama with a name (al-Zuhayli, 2002, 153) is that the main purpose of Islamic teachings is to lead to benefit both in the world and the hereafter, which in general regulates three things, namely the relationship between humans and their God, human relations with themselves, and relationships. humans with social conditions in the surrounding environment. Thus, the Islamic law is basically guiding as well as maintaining indirectly towards a common goal in the real world, namely to make the individual and the congregation happy, besides maintaining the rules and enlivening the world with all the means that will convey it to the realm of perfection, or goodness, and prominent culture and civilization, as well as the mission of Islam itself, namely as rahmatan lil 'alamin or mercy for the universe (al-Zuhaili, The Concept of Emergency in Islam: Comparative Study with Positive Law, ter. Said Agil Husain al-Munawwar, Hadri Hasan 1997, 47) in (Al-farizi 2016). Truth is the goal of every human being in this world. If all or part of something religion is not true, then we must reject it. This is because an untrue belief is maintained, even though a belief is beneficial for every community, this problem that has become a customary habit among the community is a contradictory attitude in itself. If a religion is not true it means that religion is evil, if there is no god, then praying is just a waste of time (pointless) meaning that it cannot be maintained and is of no use, and there is no benefit. Likewise, if after the existence of life after humans or living things in this world after experiencing death, we should first know about this with concrete evidence (Trueblood 2002, 15). Islam studies all texts that are implied in the Koran and al-Hadith, whether they are in the form of zhanni (suspicion) or those that are Qath'I (stagnant or stopped), thus the meaning that emerges from the text is always formulated different conclusions, meaning that it is still mukhtalaf, meaning that there will be differences of opinion. In the study offered by the Mushawwibah theory (the theory of truth in ushul fiqh), for example, it will say that all the different conclusions are not one, in fact, they can all be true. This is the case if the mujtahids display a frame of mind that is in line with the rules of ushul-fiqh. In contrast to the munqaththiah theory (theory of truth in ushul fiqh) which argues that all the many conclusions mentioned earlier, only one is correct, this is because if some conclusions contain contradictory values. This kind of assessment will continue to emerge because ushul fiqh or fiqh thinking framework utilizes subjective reasoning and also teaches a qualitative paradigm. This type of reasoning lacks a certain
3. level of truth , meaning that the truth in ushul fiqh is considered to be absurd and its true nature is speculative (it could also be wrong) (Nasuha 2017). In Legal Truth or measuring the legal truth in his research (Prasetyo 2017) is part of human knowledge who has various views of the truth. Legal truth is more likely to be assessed according to the perceptions and viewpoints of each, the legal truth will be assessed according to the standard of measurement that is owned by himself. Each individual or group can claim for the truth it has obtained, resulting in conflicts and conflicts of views and conclusions. For that we need to measure the truth of the law into a concept that has become a theory. Correspondence law theory of truth understands truth as a sensory empirical reality that exists in society, to obtain this truth by the method of inductive reasoning, which can draw conclusions from events that are specific to general legal events. Coherence theory, for example, will understand the truth of law as a result of ideas conceptualized by human rational logic. In the realm of looking for a truth, it uses the deductive reasoning method, which is to draw conclusions from general events to specific legal events. Meanwhile, a pragmatic theory of legal truth will base the truth if it can provide benefits to humans. Truth in Fiqh can also be one of the objects of highest value in any branch of science. Fiqh as a branch and is the result of knowledge of Islamic law, fiqh cannot be separated from the true value achieved, especially the issue of fiqh is not just a dialectic of knowledge, but the resulting provisions of fiqh will be the basis for the implementation of worship for a Muslim. As a science, of course, fiqh is open to anyone who tries to study or produce new fiqh provisions while still adhering to the al-Qur'an and al-Sunnah. But on the other hand, it will raise the problem of the resulting truth value whether it is absolute or relative (not absolute). Understanding the truth in fiqh becomes urgent, this is because it will have an impact on the attitudes that shape the personality of a Muslim, especially in the implementation of Islamic law in the community. Madzhab fanaticism, for example, is one of the negative impacts in the understanding that the truth in fiqh is absolute so that it makes a person intolerant (intolerance), which will lead to intolerance in the difference in the views of the school of thought (Malik 2012). Another case in the study proclaimed by (Rahmayanti, Ilmy, and Hasan 2019) in his research explained that in running a business which is a business activity in the use of foreign exchange in a legal bank it is permissible as long as it meets the provisions set by the government and the provisions set by MUI, including managing as well as licensing in the establishment of new businesses. Research by (Al-farizi 2016) found that the main purpose of Islamic teachings is for the benefit of the world and the hereafter, which in general regulates three things that need to be considered, namely the human relationship with God, the human relationship with himself, and the human relationship with social society. . Thus, Islamic 3
4. Hisam Ahyani law is basically to maintain a common goal in the real world , namely to make the individual and his congregation happy, besides maintaining the rules and enlivening the world with all the means that will convey it in a perfect direction, goodness, culture and prominent civilization, as well as the mission. Islam as for the universe. Therefore, Ahmad Zaki Yamani as quoted by M. Yatimin Abdullah stated that Islamic syari'at is identical with two main characteristics. First, that Islamic syari'at is flexible or straightforward, and can cope with all developing and changing problems. Second, that in this study of the vocabulary of Islamic law there is a basis that Muntij serves as a method of solutions that can be carried out quickly, accurately, for the most complex problems in our time. In this study the author tries to explore how the rules of ushul fiqh are related to the rules of "Difficulty Giving Birth to Ease" or Al-Masyaqqāh Tajlibul al-Taysir "and its implications for economic thinking and behavior in society in the Industrial Revolution Era 4.0. so that in the purpose of this study, namely to determine the relationship between the rules in ushul fiqh, namely the difficulty of giving birth to ease or AlMasyaqqah Tajlibul al-Taysir in economic thinking and behavior in society in the Industrial Revolution Era 4.0. LITERATURE REVIEW Research by (Hardi 2019) found that about the rules of al-Masyaqqāh Tajlibu atTaisir and its relation to daily economic activities, especially in the Islamic economy. Where the foundation of 'aqāid fiqh with various kinds of rules under it is one of the important elements in the construction and design of Islamic muamalah activities. This rule provides significant flexibility for a Muslim to carry out his daily activities, this is because it is found that the arguments of the Koran and al-Sunnah are found with several examples of the arguments from the Qur'an including; Q.S alBaqarah: 185/286; Q.S alNisa: 28; Q.S alMaidah: 6; Q.S alA'raf: 157; Q.S alHaj: 78; Q.S alNur: 61. In the verse of the Qur'an, there are facilities provided through this rule covering various aspects of Muslim life such as in carrying out worship and in matters of daily muamalah such as financial economics, social society and in organizational contexts. Besides that, the implementation of this rule is that in order to get convenience in every difficulty, of course it has terms and conditions that apply so that this rule is not misused. ،‫والشرع من أصوله التيسري يف كل أمر انبه تعسريهذه قاعدةاملشقة جتلب التيسري‬:‫ رمحه هللا‬1‫قال املصنف‬ ِ ‫ وج‬:‫ قال جل وعال‬،‫ومعناها أن الشريعة اإلسالمية جاءت بنفي احلرج‬ ِ ‫اه ُد ۡوا ِِف ه‬ ‫اّلل َح َّق ِج َه ِاده ُه َو ۡاجتَ هبٮ ُك ۡم‬ ٰ ََ 1 ‫ المكتبة الشاملة الحديثة‬- ‫ قاعدة المشقة تجلب التيسير‬- ‫ كتاب شرح منظومة القواعد الفقهية للسعدي حمد الحمد‬- 01‫ص‬
5. ۡ ِ ۡ ِ ۡ ِۡ ِ ۡ ِ ِۡ ِ ۡ ۡ ۡ ‫سٮ ُكم ۡالم ۡسلِ ِم ۡۡي ِم ۡن ق ۡبل وِ ِۡف هه َذا لِي ُك‬ ‫الر ُس ۡو ُل‬ ‫ن‬ ‫و‬ َّ َ َ َ ُ َ َ ُ ُ ٰ‫َوَما َج َع َل َعلَي ُكم ِف ال ٰدي ِن من َحَرج ملَّ َة اَبي ُكم اب هرهي َم ُه َو َه‬ ۡ ِ ‫ش ِه ۡيدا عل ۡي ُك ۡم وت ُك ۡون ۡوا شهدآء على الن‬ َّ ‫الص هلوَة َواهتُوا‬ ‫الزهكوَة‬ َّ ‫َّاس فَاَقِي ُموا‬ ََ َ َ َ ُ ُ َ َ ََ ً َ Meaning: Hamd al-Hamd said: And among the principles of sharia there is a way out (the solution) as in the rule of "Difficulty Giving Birth Ease", And this can be interpreted that Islamic law comes to eliminate heavy things (Haraj). In Q.S Alhajj verse 68, Allah SWT says: And strive in the way of Allah with true jihad. He has chosen you, and He has not made it difficult for you in religion. So follow the religion of your ancestors Ibrahim. He (Allah) has named you Muslims from the beginning, and (likewise) in this (Qur'an), that the Messenger (Muhammad) may be a witness over you and that you may be a witness over all mankind. So perform the prayer; pay zakat, and hold fast to Allah. He is your Protector; He is the best protector and the best helper. Research conducted by (Yafiz, Harahap, dan Cahyanti 2020) explained that religiosity affects consumption behavior, therefore it can be concluded that religious knowledge or ideology can influence consumers in choosing goods to consume, based on the value they believe in Indonesia in four point zero industrial revolution just like this life. As well as research by (Maulana, Oktaviaman, and Farah 2020) that in the development of Sharia-compliant hotels or abbreviated as SCH, especially in Indonesia, it has grown very rapidly since 2012. However, when the COVID-19 pandemic hit it has changed the development of SCH's business into the Tourism Industry. Halal. In this case, people's behavior in Indonesia regarding sharia economists is allowed while there are no arguments against it, with the concept of al-masyaqah tajlib al-taysir when it is applied to a very strategic marketing method that can be applied by Sharia Compliance Hotel towards a new adaptation era after the pandemic. The strength of the rules of ushul fiqh by the Hanafi school in the 14th century has at least compiled seventeen general rules, while scholars from the Syafi'i school formulate only five basic rules. Among those formulated by Abu Thohir as quoted by (Nadawi 1994) is Masyaqqoh Tajlib alTaisir. The rule of Masyaqqoh Tajlib alTaisir is one of the most common rules where this rule provides a great relief to the Muslims mukallaf so that many things can be born from the rule. Imam Syatibi in his book Qowāid Fiqhiyyah by Ali Ahmad Nadawi explained that: Research by (Musjtari 2017) that the management of zakat done requires changes in innovation and participation. Related Innovations related to the formulation of the concept of property and the boundaries of nishab for example formulated in fiqh. In the current era that has entered the Industrial Era 4.0 in addition to innovation also appears in terms of distribution of zakat in order to make the social empowerment system. While the specific participation in this matter is done by the community and mustahiq from the beginning of the implementation of 5
6. Hisam Ahyani work programs , zakat productivity, and also supervision in terms of this management all must be in accordance with the demands of the times. Research by (As-Salafiyah and Rusydiana 2020) in their research the views of experts on the problem of the audit system in zakat institutions in Indonesia, there are several problems that need to be evaluated regarding the main priority in the audit of zakat institutions in Indonesia, including the insufficient number of sharia auditors, The absence of strong rules related to sharia auditing, and inadequate HR competencies. Then the theory in Islamic law must use objection rules to bring convenience, especially in this sophisticated era of the industrial revolution 4.0. Al-masyaqqāh tajlibu alTaisir can be interpreted as the difficulty that requires convenience, but etymologically (Sarwat 2011) alMasyaqqāh is al-ta'ab, namely fatigue, exhaustion, difficulty or difficulty as in Surah an-Nahl, Verse 7 as follows : ‫ب‬ ِ ‫َوََْت ِمل أَثْقالَ ُك ْم إِ َ هل بَلَد ََّْ تَ ُكونُوا بَلِغِ ِيه إِّٰل بِ ِش ِٰق ْٱْلَن ُف‬ ‫وف َّرِحيم‬ ٌ ُ‫س إِ ٰن َربَّ ُك ْم لََرء‬ ُ Meaning: And he carried your burdens to a land that you were not able to reach to him, but with hardships (which burden) yourself. Surely your God is truly Merciful, Most Merciful. While al-taisyir etymologically means convenience. Then according to the view (Muktar 2005) as cited by (Hardi 2019) that this rule is also included in the convenience mandated by Islam for the ummah of mukallaf with Islamic law. Ease or relief / rukhsah in a law that has been established by Allah SWT in order to make it easier for his servants when under certain conditions. There are several rules that are similar to the principles of the masyaqqah tajlibu at-taisir, where these rules are possible to develop so that they can provide guidance for Muslim converts to always find it easy to practice Islam in their daily life. Other than that in this case Zakat is widely needed, especially in Indonesia, especially for the three COVID-19 epidemics as it is today that in research by (Mustafida et al. 2020) it is described that zakat in BAZIS DKI Jakarta which is actually the capital of Indonesia in the current era of the industrial revolution 4.0 can be used as means of distribution of income by Indonesian society and also for the sake of achieving the goals rather than sharia itself. Legal Basis in The position of this rule is almost on a qoth'I principle, which is used to eliminate all difficulties for the Muslim ummah, so there are supporting arguments, both from the Al-Quran and al-Sunnah. Among the arguments from the AlQuran are found in: QS. An-Nisa: 28; QS Al-Maidah: 6; Surah Al-A'raf: 157; QS Al-Haj: 78; QS An-Nur: 61. ِ ِْ ‫ف َعْن ُك ْم ۚ و ُخلِق‬ ‫ضعِي ًفا‬ َ ‫اإلنْ َسا ُن‬ َ ‫اّللُ أَ ْن ُُيَٰف‬ ٰ ‫يُِريد‬ َ
7. Meaning : God (Allah) wants to give relief to you, and humans are made weak. (Surah An-Nisa: 28). In Tafsir Jalalain (Allah wants to give relief to you) it means to make it easier for the Shari'a laws (because humans are made weak) cannot stand women and sexual temptations. Whereas in the Tafsir Quraisy Syihab Allah wants to provide relief through sharia and provisions that are easy and light. Allah has created man in a state of weakness in the face of all kinds of inner inclinations. So, it is very appropriate if the burdens given to him contain elements of ease and breadth. That is what Allah gives to His servants as a gift and convenience. In Surah Al'Araf verse 157 Alloh says : ِ‫اْل ٰۤهب ِٕٮث ويضع عن هم ا‬ ِ ِ‫وُُِي ُّل ََلم الطَّي‬ َّ ِ ‫ت َعلَْي ِه ْم‬ ‫ن‬ ‫ا‬ ‫ك‬ ‫ِت‬ ‫ل‬ ‫ا‬ ‫لل‬ ‫غ‬ ‫ّل‬ ‫ا‬ ‫و‬ ‫م‬ ‫ه‬ ‫ر‬ ‫ص‬ ْ ْ َ َ َ ْ ْ َ َ ْ ُ َ ْ ْ ُ َْ ُ َ َ َ َْ ‫بت َوُُيَِٰرُم َعلَْي ِه ُم‬ ٰ ُُ َ Meaning: and that which legalizes all that is good for them and forbids everything that is bad for them, and frees the burdens and fetters that are on them. Removing burdensome burdens and shackles The point is that the Shari'a brought by the Prophet Muhammad was no longer such a heavy burden that was borne by the Children of Israel. For example, implies killing oneself or killing lust for validity of repentance, obliging qishash to kill, whether intentional or unintentional, without allowing diat payment, cutting off the part of the body that made a mistake, throwing away or cutting the cloth that is unclean, and so on. In accordance with the word of Allah Almighty (QS Al-Maidah: 6) as follows : ِ َّ ِ ‫وه ُك م َوأَيْدِ يَ ُك ْم إِ َل ا لْ َم َرافِ ِق َو ْام َس ُحوا‬ َ ‫آم نُوا إِذَ ا قُ ْم تُم إِ َل ال صَّ َال ة فَا غْ س لُو ُاو ُج‬ َ ‫ين‬ َ ‫ََي أَيُّ َه اا ل ذ‬ ِ ‫بِرء‬ ‫وس ُك ْم َوأ َْر ُج لَ ُك ْم إِ َل ا لْ َك عْ بَ ْۡيِ َوإِ ْن ُك نْ تُ ْم ُج نُ بًا فَا طَّ َّه ُروا َوإِ ْن ُك نْ تُ ْم َم ْرضَ هى أ َْو‬ ُُ ‫َح ٌد ِم نْ ُك ْم ِم َن ا لْغَائِ ِط أ َْوَّل مَ ْس تُمُ النِٰ َس اءَ فَ لَ ْم َجتِ ُد وا َم اءً فَ تَ يَ َّم ُم وا‬ َ ‫عَ لَى َس َف رأ َْو َج اء أ‬ ِ ‫يد ا طَيِب ا فَام س ح وا بِوج‬ ِ ‫اّللُ لِيَ ْج عَ لَ عَ لَيْ ُك ْم ِم ْن‬ َّ ‫يد‬ ُ ِ‫وه ُك ْم َوأَيْدِ ي ُك ْم ِم نْ هُ ۚ َم ا ي ر‬ َ ُ ُ ُ َ ْ ًٰ ً ‫صع‬ ‫يد لِيُطَ ٰهِ َرُك ْم َولِيُتِمَّ نِ ْع َم تَهُ عَ لَي ُك ْم لَعَ لَّ ُك ْم تَش ُك ُرو َن‬ ُ ِ‫َح َرج َولهَ كِ ْن يُر‬ Meaning: O you who believe, if you want to do the prayer, then wash your face and hands up to the elbows, and sweep your head and (wash) your feet up to the ankles, and if you are junub then wash, and if you are sick or on the way or returning from the toilet (toilet) or touching a woman, then you do not get water, so cultivate it with good (clean) soil; wash your face and your hands with the soil. Allah does not want to make things difficult for you, but He wants to clean you and complete His blessings for you, so that you can be grateful. (Surah Al-Maidah: 6). In the Tafsir Jalalain's Tafsir it is explained that (And if you are in a state of junub, then purify) it means to take a bath (and if you 7
8. Hisam Ahyani are sick ) which will get worse by touching the water (or on the way) a traveler (or you come back from the place of defecating) means hadas (or touching women) this has been discussed first in surah An-Nisa (then you do not get water) that is after looking for it (then cultivating) by looking for (good soil) clean land (sweep your face and hands) along with both elbows (with the soil ) in two strokes. Ba shows stickiness while the sunnah explains that what is meant is that the sweep should cover both members as a whole (Allah does not want to make it difficult for you) with the obligations of ablution, bath or tayamum (but He wants to purify you) from hadas and sins (and wants to complete His blessings to you) namely with Islam by explaining the religious shari'a (hopefully you are grateful) for His blessings. In Surah Al-Nur verse 61 Allah SWT says : ِ ‫لَْيس َعلَى ْاْل َْع َمى َحَر ٌج َوَّل َعلَى ْاْل َْعَرِج َحَر ٌج َوَّل َعلَى الْ َم ِر‬ ‫يض َحَر ٌج َوَّل َعلَى أَنْ ُف ِس ُك ْم أَ ْن َتْ ُكلُوا‬ َ ِ ‫وت أَخواتِ ُكم أَو ب ي‬ ِ ‫وت إِخوانِ ُكم أَو ب ي‬ ِ ‫ت أ َُّمهاتِ ُكم أَو ب ي‬ ِ ِ ‫ِمن ب يوتِ ُكم أَو ب ي‬ ِ ‫وت‬ ‫وت‬ ُُ ْ ْ َ َ ُُ ْ ْ َ ْ ُُ ْ ْ َ ‫آَبئ ُك ْم أ َْو بُيُو‬ َ ُُ ْ ْ ُُ ْ ِ ‫وت أَخوالِ ُكم أَو ب ي‬ ِ ‫وت ع َّماتِ ُكم أَو ب ي‬ ِ ِ ‫وت َخ َاّلتِ ُك ْم أ َْو َما َملَكْتُ ْم َم َف ِاَتَهُ أ َْو‬ ُُ ْ ْ َ ْ ُُ ْ ْ َ ُ‫أ َْع َمام ُك ْم أ َْو بُي‬ َِ ‫ص ِد ِيق ُكم لَيس علَي ُكم جنَاح أَ ْن َتْ ُكلُوا‬ ‫ات‬ ً َ‫َج ًيعا أ َْو أَ ْشت‬ ٌ ُ ْ َْ َ ْ ْ َ Meaning: "There is no obstacle for the blind neither (nor) for the lame, nor (also) for the sick; and do not eat in your house, or in the house of your fathers, in the house of your mothers, in the house of your brothers, in the house of your sisters, at the house of your brothers. you who are male, in the house of your father's sister, in the house of your brother's mother, in the house of your mother's sister, in the house where you have the keys or who are your friends; There is no obstacle for you to eat with them or separate. Imam ath-Tabari in his tafsir book Jami'ul Bayan fi Ta'wilil Qur'an known as Tafsir ath-Tabari, states that the asbabun nuzul verse was the Ansor people in Medina before the presence of the Prophet Muhammad, often feeling uncomfortable with people. blind and crippled people, whom they don't think will be able to enjoy the food as they do. They thought it would be better to separate the food of the disabled people than to eat together. From this discriminatory attitude, Allah sent down Surah An-Nur verse 61, stating that there is no problem for blind people and others to eat with them. The explanation of the interpretation of Surat An-Nur verse 61 above which also touches on the "houses" of family and closest people, shows that eliminating stigma and discrimination for persons with disabilities, especially followed by isolation and confinement, should start from family, neighbors and people. close related person. Thus, from the point of view of Islamic teachings, shackling and shackling are forms of discrimination and social isolation that should not be applied to persons with disabilities. Giving respect and equal rights are things that must be fulfilled, both for people with
9. mental and physical disabilities (Syauqi 2019). These verses are in support of the rules of al-masyaqqah tajlibu at-taisir, although these verses can be used as evidence for other principles. While the arguments for the Sunnah of the Prophet Muhammad SAW, there are several hadiths that have a meaning related to this rule. Among those that are close to the meaning of the rules is the word ad-din bi al-hanifah al-samhah in the hadith of the Prophet Muhammad which reads : ْ ِ‫اّلل‬ َّ ‫ب ال ِٰدي ِن إِ َل‬ ُّ ‫َح‬ َّ ُ‫احلَنِ ِيفيَّة‬ ُ‫الس ْم َحة‬ َ‫أ‬ The Prophet Muhammad said: "The religion that is most loved by Allah is to be straight and tolerant." (HR. Bukhari, no. 30). Islam is a religion that is pleased by Allah SWR, in which Islam is called a religion with a hanif religion which means convenience and flexibility. In the book Al-Qowaidul Fiqhiyah it is stated that Imam Bukhari includes a special sub-chapter in the sahih chapter, namely addin yusar (facilitated religion). For example, in the research (Amalia 2014) at the Kampoeng Kreasi dea, the Medina Bazaar and the SMEs in the UIN Jakarta environment have implemented Islamic business ethics, both by entrepreneurs and employees. In running their business and activities, entrepreneurs must understand and implement the principles or values based on Islamic values that come from the Al-Qur'an and also the Hadith. The application of Islamic business ethics consists of four aspects: principles, management, marketing or advertising and product or price. RESEARCH METHODS Explain in In this study, where the author will discuss related In this study the author tries to explore how the rules of ushul fiqh are related to the rules of "Difficulty Giving Birth to Ease" or Al-Masyaqqāh Tajlibul al-Taysir "and its implications in economic thinking and behavior in society in the Industrial Revolution Era 4.0, then The method used in this research is library research, where the materials are obtained from library sources in research, it aims to build a concept based on reading material. As for the approach method in this research, the researcher uses a normative juridical approach, meaning that the research tries to examine matters related to law, both from formal and material laws. This legal research study used is Islamic law in relation to the principle of "Difficulty Giving Birth with Easy" or Al-Masyaqqāh Tajlibul al-Taysir ". Meanwhile, Normative means the researcher tries to examine the rules and regulations regarding this rule and they are implemented in daily life in synergy with the behavior of the Indonesian people adapted to the era of the Industrial Revolution 4.0. Regarding the research data used, namely from primary, secondary and tertiary data sources. While the method of data collection is through the method of documentation and research data when it is collected directly will be analyzed qualitatively, interpretations or use legal interpretation which is descriptive analytical. Regarding data processing, the 9
10. Hisam Ahyani researcher conducted a literature review , then organized, and conceptualized and compiled the data obtained, both from editing and also concluding. RESULT AND ANALYSIS Implications of Principles in Community Economic Thought and Behavior in the Industrial Revolution 4.0 Implications of Principles in Community Economic Thought and Behavior in the Era of the Industrial Revolution 4.0 in Indonesia The study of people's behavior in the Islamic economic system is not only an economic system as an alternative method or an intermediate system but an economic system that is able to answer all the problems that arise in Indonesia where the Islamic Economic System will make a balance in the realm of Development and the Welfare of the People in the world. anywhere (Susanto and Manara 2017). In the research described by (Iswandi 2014) it was found that the study of the concept of taysir was still minimal, even though taysir had a significant function in answering problems in Islamic law, especially in the field of muamalat. In the field of muamalat, the concept of taysir is not only needed, but more than that it is a medicine that has a necessity to cure the unhealthy behavior of mukalaf in business and economic activities. Taysir is also the answer for groups of people who are opposing each other when dealing with Sharia law. Taysir does not provide answers and supports groups that are rigid against sharia law (al-mutasyaddid) and also do not provide answers and support groups that underestimate the law (al-mutasahil) as well as research by (Iswandi 2014). In fact, the Islamic law that has been stipulated by Allah SWT., Both with regard to worship and muamalat, is very perfect and comprehensive, so that the problems faced by mukalaf can be examined directly from the Koran and the Sunnah of His Prophet. This is in accordance with His words, namely "On this day I have perfected your religion, I have enough of my favors to you, and I am pleased that Islam has become your religion" (QS. Al-Maidah verse 3). In buying and selling, for example, Allah SWT. and Prophet Muhammad PBUH. does not limit Muslims to transact with non-Muslims and the material being transacted is also given freedom. The only limit given is a matter of halalness. ‫ب‬ ِ َّ ِ ِ ِ ِ َّ َّ ‫ه‬ ‫ه‬ ‫ت ِم َن‬ ‫ن‬ ‫ص‬ ‫ح‬ ‫م‬ ‫ل‬ ‫ٱ‬ ‫و‬ ‫م‬ ‫َل‬ ‫ل‬ ‫ح‬ ‫م‬ ‫ك‬ ‫ام‬ ‫ع‬ ‫ط‬ ‫و‬ ‫م‬ ‫ك‬ ‫ل‬ ‫ل‬ ‫ح‬ ‫ب‬ ‫ت‬ ‫ك‬ ‫ل‬ ‫ٱ‬ ‫ا‬ ‫و‬ ْ ْ ُ ُ َ ُ َ َ ْ ُ َ ُْ ٰ ْ ُ َ َ ْ ٌّ َ َ ُ‫ين أُوت‬ ُ َ‫ٱلْيَ ْوَم أح َّل لَ ُك ُم ٱلطَّيِٰب‬ َ ‫هت َوطَ َع ُام ٱلذ‬ ِ‫صن‬ ِ ِ ِ ‫ت وٱلْمحص هنَت ِمن ٱلَّ ِذين أُوتُ بوا ٱلْ ِك هتَب ِمن قَبلِ ُكم إِ َذآ ءاتَي تُموه َّن أُجوره َّن ُُْم‬ ‫ۡي َغ ْ َري‬ َ َُ ُ ُ ُ ْ َ ْ ْ َ َ َ ُ َ ْ َ َ‫ٱلْ ُم ْؤم هن‬ ِِ ِ ِِ ِ ِِ ِ ِْ ِ‫َخ َدان وَمن يَ ْك ُف ْر ب‬ ‫ين‬ َ ِ‫ٱإليهَ ِن فَ َق ْد َحب‬ ْ ‫ۡي َوَّل ُمتَّخذ ٓى أ‬ َ ‫ُم هَسفح‬ َ َ ‫ط َع َملُهُۥ َوُه َو ِف ْٱلءَاخَرة م َن ٱْلهَس ِر‬
11. Meaning : On this day it is lawful for you who are doing well. The food (slaughter) of those whom the Bible gives is lawful for you, and your food is halal (also) for them. (And it is halal for mangawini) women who maintain honor among women who believe and women who maintain honor among those who were given the Book before you, if you have paid their dowry with the intention of marrying her, not with the intention of adultery and did not (nor) make her his concubine. Whoever disbelieves after believing (does not accept Islamic laws) then erases his practice and on the Day of Judgment he will be among the losers. In the hadith (al-Bukhari 1989) it is stated: Verily Allah and His Messenger forbid people to sell wine, carcasses, pigs and sculptures. So one of the companions asked: "O Messenger of Allah, do you know that carcass fat is used to paint ships and oil the skin and for lighting?". Rasulullah Saw. replied: "All that is still haram ...". In another narration mentioned, Rasulullah Saw. said: "Two people who are buying and selling are entitled to khiyar (bargaining with each other) as long as they have not been separated. If they are honest and straightforward, be blessed with their buying and selling. But if they are not blunt and lie, their buying and selling blessings will be eliminated.” Based on several verses of the Koran and Hadith, it can be seen that Allah SWT. not burdening the mukalaf with excessive difficulty. Even Allah SWT. and His Messenger gave an example of ease (al-taysir) and flexibility for Muslims in their transactions with non-Muslims. Something that will be very difficult if Muslims transact / buy and sell only to fellow Muslims. However, this is not enforced by Allah SWT., Considering that buying and selling contains benefits for all humans. Ya'qub al-Bahusayn in the article (Iswandi 2014, 250) explains that one of the factors allowing this convenience (altaysir) is the difficulty (al'usr) and the generality of problems that often occur ('general al-balwa). The factors or reasons for allowing convenience (al-taysir) are: (1) Forcing causes, such as illness, forgetfulness, and weakness. (2) Because of circumstances that require mukalaf to choose, such as stupid, traveling, negligence, drunkenness, and things that are not liked. (3) The mixed causes of trouble (al-'usr) and the generality of frequent problems ('general al-balwa). Based on several verses of the Koran and Hadith, it can be seen that Allah SWT. not burdening the mukalaf with excessive difficulty. Even Allah SWT. and His Messenger gave an example of ease (al-taysir) and flexibility for Muslims in their transactions with non-Muslims. Something that will be very difficult if Muslims transact / buy and sell only to fellow Muslims. However, this is not enforced by Allah SWT., Considering that buying and selling contains benefits for all humans. Ya'qub al-Bahusayn in the article (Iswandi 2014, 250) explains that one of the factors allowing this convenience (altaysir) is the difficulty (al'usr) and the generality of problems that often occur ('general al-balwa). The factors or reasons for allowing convenience (al-taysir) are: (1) Forcing causes, such as 11
12. Hisam Ahyani illness , forgetfulness, and weakness. (2) Because of circumstances that require mukalaf to choose, such as stupid, traveling, negligence, drunkenness, and things that are not liked. (3) The mixed causes of trouble (al-'usr) and the generality of frequent problems ('general al-balwa). In economic activity, sometimes there are difficulties that are often faced by transacting parties, such as difficulties in meeting and making face-to-face transactions. Even though the existence of a meeting in transaction is something that has been hinted by the Prophet Muhammad. So in this case, many fiqh scholars argue that to eliminate this difficulty, it is permissible for parties to use telecommunications media such as telephone, sms, or the internet, so that the conditions for meeting and making face-to-face transactions implied in the Hadith are fulfilled. The common problem that often occurs ('umûm al-balw') and is always found is like the wrapping of a commodity being traded, making it difficult for a buyer to know the physical condition of the commodity. In this case, the jurisprudence scholars argue that to eliminate the generality of problems that often occur and are always found is to open one of the commodity wrappers to serve as an example, so that someone who will buy it can know the physical condition of the commodity. (Syafei 2006, 159-179) gave an example of credit or non-cash payments that are applied in the sale and purchase of cars, houses, or other commodities. In the Q.s. al-Baqarah [2]: 282 states that "O you who believe, if you pray not in cash for a specified time, let you write it". Credit or noncash payments are permitted. This is because it is to facilitate business activities and provide benefits for transacting parties. The application of the taysir concept in the Islamic economic system is presented in order to provide convenience, relief and benefit to the converts. Both in the original law (al-'azimah) and further law (al-rukhshah) relating to the Islamic economic system. Taysîr was presented by Allah SWT. to provide benefit and convenience to humans, so that there is no reason for humans not to carry out orders and stay away from His prohibitions, especially those relating to business and economic activities. At present, the world of Islamic banking and the rapidly growing Islamic industry is in dire need of legal instruments in order to create creative products and innovations, as a consequence of the demands of the times and the evolving human needs. So that the enactment of credit is needed by the transacting parties, especially at this time, where people with all their necessities of life are unlikely to buy something they need by paying cash. However, the application of this concept is not necessarily justified without considering the intention of Allah SWT. legalize the law (maqashid alsyarî'ah), especially in terms of protecting property. This is done to keep mukalaf obedient and obedient to the prescribed shari'a and avoid acts that underestimate or overstate the law (al-mutasahilun fî al-ahkam).
13. As the opinion (Permana 2020) in his research findings explained that the rules of fiqh that were born from the main main source, namely al-quran, al-hadith, and ijma '. The principles of fiqh were born with the aim of establishing Islamic law in new issues that continue to develop over time, especially in economic transactions or muamalah maliyah which are constantly developing in Islamic financial institutions. Thus the rules of fiqh are a product of ijtihad and are generalizations of fiqh themes that are scattered among the ulama of the mazhab. The existence of fiqh rules is a must to find it easier to know contemporary laws, especially economic issues, which many do not have sharîh texts (definite arguments) in the Koran and hadith. Likewise, to make it easier to master the problems of furu'iyyah (branches) which continue to grow and are not counted especially in developing economic problems in Islamic financial institutions. The benefit of the existence of qawa'id fiqhiyyah is to provide a more practical guide derived from the text and soul of the original texts, namely the al-Qur'an and alHadith which were generalized very carefully by previous scholars by paying attention to various cases of fiqh that had occurred, so that the results are now. easy to apply to the wider community. As the opinion of Mustafa al-Zarqa quoted by (Dahlan 2005, 13), where Qowaidul Fiqhiyyah is the basics of fiqh which are general in nature and are concise in the form of laws containing general syara 'laws against various legal events included in the scope of these rules. Masyaqqoh rules include the opinion of Abu Ubaidah ahmad bin Muhammad (2017: 342) which are as follows : ‫ املشقة َبلفتح هو الصرع البائس وقيل غري‬2‫املشقة يف اللغة ابن منظورُممد بن مكرم َجال الدين بن منظور‬ 3 ‫البائس وهو أيضا املوضع املشفوق كأنه يسمي َبملصدر وَجعه شقوق والشق أيضا الناحية من اجلبل‬ Meaning Difficulty or Difficult Cases in Ibn Manzur's language: Muhammad bin Makram Jamal al-Din bin Manzur explained that the word Masyaqah by reading Fathah was interpreted as a miserable epilepsy, and could be said to be a very dangerous / miserable disease, and could also be interpreted as a position high as such is called the source of the crack, from the side of the mountain. As-Subki and as-Suyuti as followed (Muqorobin 2007) formulated the five basic qa'idah known as al-Asasiyyatul-Khamsah, which were later compiled in al-Majallah which was issued during the Age of Ottoman rule, namely : Article-2 Al-umuur bimaqaasidihaa (‫ األموربمقاصدها‬or each case is determined ‫ن‬ based on its intention; Article-4 Al-yaqiin laa yuzaalu bisysyakk (‫اليقي ال يزال بالشك‬ which is something that can certainly not be erased by doubt. bisy-syakk or something which is certain cannot change due to doubt. Article-17 Al-musyaqqah tajlibut taysiir ( ‫المشقة تجلب‬ ‫ ن‬or ‫ )التيسي‬that difficulty brings ease; Article -21 Adh-dhararu yuzaalu ‫الضر يزال‬ 2 3 ،‫هـ‬١٧٧ ‫ ولد بمقر وتوفي بها‬، ‫ صاحب كتاب لسان العرب‬، ‫ محمد بن مكرم جمال الدين بن منظور‬: ‫ابن منظور‬ ‫م‬٠٢٢٢ ‫ دار لسان العرب للماليين بيروت لبنان‬، ‫إعداد وتصنيف يوسف خياط‬، ٠٢/٧٧ ‫لسان العرب البن منظور‬. 13
14. Hisam Ahyani kemadharatan should be abolished ; and Articles -36 Al-'aadah muhakkamah ‫العادة محكمة‬ or customs can be a source of law. Meanwhile, Ibn Nujaim added one more basic qa'idah so that it became six, namely laa tsawaaba illaa bin-niyyah ‫ ال اواب اال بالنية‬or there is no reward for actions that are not accompanied by intention, which then becomes the principle qa'idah that applies to schools of thought. Hanafi. Meanwhile, among the Maliki schools of thought, this qa'idah became qa'idah al-umuur bimaqaasidihaa. Third َ ُ َّ َ ْ َ َّ Rule ‫ال َمشقة ت ْج ِل ُب الت ْي ِس ْ َي‬, namely Difficulty bringing convenience is one of the basic rules of the third part. It means that all matters, whether worship or muamalah, when experiencing difficulties, will have a solution. This rule is induced (istiqra ') from several verses and hadiths, among the verses referred to are : ‫يد بِ ُك ُم الْعُ ْسَر‬ َّ ‫يد‬ ُ ‫اّللُ بِ ُك ُم الْيُ ْسَر َوّل يُِر‬ ُ ‫يُِر‬ Meaning: Allah wants convenience for you, and does not want trouble for you (QS. Albaqarah 185). Namely, convenience for people who safar is the desired matter, this is one of the goals of syar'iat. It is enough for you that the Essence that makes this religion the creator of times, places and people. He is more aware of human needs and what benefits them. ِ ‫ت‬ َّ ‫ف‬ ْ َ‫ت َو َعلَْي َها َما ا ْكتَ َسب‬ ْ َ‫اّللُ نَ ْف ًسا إِّل ُو ْس َع َها ََلَا َما َك َسب‬ ُ ٰ‫ّل يُ َكل‬ Meaning: Allah does not burden someone but according to his ability. He gets reward (for goodness) that he earns and he gets torment (from evil) that he does. We, as good Muslims, are the ones who make the passage of the verse as our landscape and shield in maximizing all our efforts and potential. We can use the verse fragments as a basis for trying and facing tests or trials. Because basically Allah gives a test that does not go beyond the limits of human ability itself (Surat Al-Baqarah Verse 286). Masyaqqah (masakat) can be interpreted as objection, or difficulty, trouble or exhaustion or any other translation that grows with it, such as misery and others. Of all the similarities in meaning, I prefer to use the original Indonesian-Indonesian term, namely masakat. Not all masakat can abort or minimize various forms of worship from their initial provisions. as-Suyuthi stated the kinds of worship whose implementation is not affected by the existence of masakat, such as the cold weather cannot prevent a person from doing ablution and bathing obligatory, the very hot atmosphere during the day or the length of the daytime on a day cannot prevent a person from fasting, However, it cannot prevent a person from carrying out Hajj and jihad, the pain of hudud and stoning for adultery cannot prevent the person from carrying out the pilgrimage. In other words, masakat in the matters mentioned is not effective in changing the format of worship prescribed in religion. It has been explained that the impact of Covid-19 which penetrated Indonesia in the era of the 40th revolution as it is now also has an impact on the human soul on this
15. earth . So in this case the study of the principles of the masyaqah is like the work article (Maulida 2020) of Islam, which always upholds its human values, must be able to care for its soul rather than its religion (not selfish), which is to prioritize public interests rather than personal interests concerning the safety and security of people's souls Indonesia. However, referring to a maslahah and the principle of ease or leniency of Islamic law, there are things that are excluded related to dangerous conditions, so as-Suyuthi as quoted by (M. Khaliq Shalha (kompasiana.com) 2014) divides masakat levels into 3 levels. First, severe masakat (masyaqqah azhimah fadhihah), namely masakat that is feared to threaten life, limb or limb function. Masakat like this can certainly lead to relief, because maintaining the safety of the soul and limbs to uphold the benefit of religion is more important than trying to do worship at the expense of the safety of the soul. Second, mild masakat (masyaqqah khafifah), such as lightheadedness. Conditions like this have no effect on someone to get relief, therefore, prioritizing the benefit of worship takes precedence. Third, the middle period between heavy and light (mutawassith). This condition requires self-measurement, if the masakat is inclined to the first level, then it is entitled to get dryness, and if it tends to the second level, it does not get relief. Dangerous conditions will certainly get relief. It is the main measure for someone in getting relief. The existence of relief in Islamic law is not only measured by dangerous conditions, but there are other reasons that are deemed worthy of obtaining it, such as things related to the limitations of mukalaf or beyond their capabilities. More details will be explained below in the discussion of the reasons for obtaining relief. Talking about the principle of the correlation masakat is relativistic, which means that the law is flexible according to the conditions of the individual converts. The problem is that when a law is based on the principle of masakat and then a certain binding measure is made for the certainty of a law, the result will be ambiguous. For example, as an analysis in looking for a 'god regarding the enactment of legal relief, it can be raised about relief for travelers. Safar (travel) is made a legal rest because safar is perceived as the cause of masakat (mazhinnatul masyaqqah). Then what is the size of the safar society so that it gets relief. In this case the ulama make binding criteria, namely the distance traveled is estimated to be two marhalah, if it was taken for a day and a night, and if using the current size ± 89 km. Likewise, the three great teachers want to carry out the obligatory Prayers when they are busy in seminars, guidance, workshops, and others. As quoted by Ija Suntana (2017) that a great teacher with a "busy" factor may perform both plural and qashar prayers. In the division of Islamic law, there are nine kinds of taklifi laws. In relation to the context of this discussion, it is necessary to explain one kind of it, namely ar-rukhshah 15
16. Hisam Ahyani (dispensation, rukhsah). Rukhsah is a law that changes from difficult to easy along with the cause of the original law. Or laws that are established because of age (difficulties) which are exceptions from the original law which is kulli, or laws that are established for a reason that allow us to get out of the original law. Rukhsah seen from the implementation of mukalaf in accordance with their demands according to Jazuli & I. Nurol Aen is divided into two: Rukhshah al-tarki, namely rukhshah for abandoning actions. Rukhshah al-fi'li, namely rukhshah to perform actions. Meanwhile, as-Suyuthi specified it as follows: It is obligatory, such as eating a carcass for someone who is forced (al-mudhtharr), breaking the fast for a person who is afraid of perishing because of hunger or thirst even if that person is not traveling. Sunnah, such as offering prayers while traveling, breaking fast for people who are fasting due to traveling or being sick, looking at the person they are applying for, and others. Change, like buying and selling greetings (paying money first before there are goods / work) the law of origin is not allowed, but because it is needed, the law changes to change. Ikhtilaf hall (main pedigree) or other languages, preferably abandoned, such as wiping shoes. Likewise, tayamum is carried out by a person who gets water that is sold but the price is above the standard price but that person can afford it. Makruh, it is like making a prayer that the distance traveled is less than what is specified. The derivative of the meaning of the term rukhshah or the practical language is called takhfif (relief) or the plural form, takhfifat. For example, in the case of housing finance in the era of industrial revolution 4.0, in this case this rule (masyaqqoh) contained in home financing can be used as research by (Abubakar and Handayani 2017) which explains that in the Sharia Principles the goal is to provide a unique alternative to home ownership financing. for example, those based on justice and balance through providing housing finance through the Musyarakah Mutanaqisah contract, namely financing based on joint ownership between the customer and the bank. Meaningful Rule with Al-Masyaqqah Tajlibul Al-Taysir Implications in Community Economic Thought and Behavior in Industrial Revolution 4.0 Meaningful Rules The rules of fiqh that are closer to Al-Masyaqqah Tajlibul alَّ َ ْ َ َ َ Taysir, namely ‫ ِإذا ضاق األ ْم ُر ِات َس َع‬If a matter is narrow it becomes broad. This rule is taken from the words of Imam Syafii. There are also rules with different editors but the َّ ْ َ َ َ ْ َ َْ ْ meaning is the same: ‫األش َي ُاء ِإذا ضاقت ِات َس َعت‬, that is, something becomes narrow when it is wide. An example of this rule is that a man is haram to hold the body of a woman who is not his mahram, but if an accident happens to the woman, for example, falls from a vehicle and no one is at the scene except the man, then that man may help the woman. , َْ َّ َ َ َ even mandatory. Then the scholars reversed the rule to become: ‫ ِإذا ات َس َع األ ْم ُر ضاق‬If a matter is broad it becomes narrow.
17. An example of this rule , when war is raging, it is permissible to do khauf prayers with lots of movement. But in the middle of the prayer, suddenly the situation subsided and the enemy moved away, so he was no longer allowed to move much in the prayer. Research by (Hardi 2019) found that sharia economic theory provides the convenience offered through aspects of everyday life in the current era, namely the era of 4.0, in this case Muslims such as the implementation of worship or muamalah, such as in the financial and social sphere of society. as well as in an organizational context that continues to develop. This masyaqah principle should be preserved in order to create true tolerance and towards a rahmatan lil 'alamin Islam. ْ َ ْ ََ َّ ُ ‫ ََل ُي ْن َك ُر ْال ُم ْخ َت َل‬Issues that are still disputed Another rule ‫ َو ِإن َما ُينك ُر ال ُم ْج َم ُع عل ْي ِه‬، ‫ف ِف ْي ِه‬ (prohibition) must not be denied, but must be denied. This fiqh rule accommodates all disagreements that occur among the ulama within the framework of the agreement that "it is not permissible to reject issues whose prohibitions are still being debated, rejection only applies to issues where the prohibition has been agreed upon. For example, gambling, drinking wine, adultery, stealing, leaving prayer and so on. All of these are matters whose prohibitions have been agreed by the Mujtahids. Another example of the prohibition of usury as research by (Ahyani and Muharir 2020) also mentions the clarity of the prohibition of usury on bank interest, thus the Indonesian people with the presence of the Industrial Revolution 4.0 era like now need to be criticized for their people's behavior, but in the realm of the level of prohibition that is already Qath ' I or it is clear that there is no need for further debate, in this case (Ahyani, Permana, and Abduloh 2020) also explains how the dialogue about the acceleration that exists in usury and bank interest. Regarding the behavior of the Indonesian people who are still confused about this rule if we implement it in everyday life, the researcher exemplifies the existing practice of Islamic economic principles as research by (Setyowati 2017) found that understanding regarding the use of the approach proclaimed by sharia compliance is an option. Which is right this is because studies are good philosophically, or historically at global and local levels but must be supported by the government and also MUI. A somewhat commensurate research was also launched by (Roro 2017) regarding the characteristics of sharia in terms of business transactions, for example among the people in Indonesia, a kafah principle is needed which from the beginning of the contract signing to the end of the contract implementation so that there is no default, in this case it is subject to sharia rules. Caliph Umar bin Abdul Aziz once issued his views on the differences of opinion among the companions. He said : ‫ما سرين لو أن أصحاب ُممد َ ُيتلفوا ْلهنم لوَ ُيتلفوا َ تكن رخصة‬ 17
18. Hisam Ahyani It means It is not pleasing to me if the companions of Muhammad sallallaahu 'alaihi wasallam, do not differ, because if they do not have different opinions there will be no rukhsah (convenience for us)." (Imam Jalaluddin al-Suyuti, Nawahid al-Abkar wa Syawarid al-Afkar: Hasyiyyah al-Suyuthi 'ala Tafsir al-Baidlawi, Mecca: Jami'ah Ummul Qura, 2005, juz 2, 572). Dissent is a blessing. One of the blessings that Allah has given us. Therefore, we must be prepared for the various differences of opinion of the scholars in fiqh law. Let alone across schools, which are rich in differences of opinion. We must really know and be ready for it. In the research (Islamiyati 2017) it is explained that the Waqf Law in Article 16 Paragraph 3 Letter e explains that between IPR and waqf law has a relationship, namely that IPR is in accordance with the conditions for assets that can be waqfed, which is controlled by the owner so that it does not run out for consumption, in This has an economic and social advantage. IPR is also seen as a property right where it gets legal protection and legal certainty, and waqf as an IPR is categorized as a limited waqf or mu'aqqat bi ghairihi this is because the IPR Law has limited time. Other research by (Hariyani, Kusuma, and Hidayat 2020) is related to sukuk or sharia bonds where the biggest problem is related to financing with the Green Sukukbased Project for Sustainable Waste Management in Indonesia, so in this case there is also a need for behavior or breakthroughs by the sharia economy in overcoming the existing problems without leaving the principles of sharia according to the times that happen to now enter the era or the era of the four point zero revolution. Other research, for example, related to loyalty, which is the main performance indicator of loyalty by using electronics in social commerce, which is expressed in three dimensions, including preferences and interactions, and the disclosure of personal information also needs to be considered in human behavior so that methods in services that use electronic systems in Indonesia also not less behind, this is a form of manifestation of Taisir (relief) in the concept of Islamic economics (Khoa and Nguyen 2020). CONCLUSION In this principle, namely the difficulty of giving birth to the ease of law contained in the law of origin and the continued law or the exemptions that are enforced, it is located not only in matters of worship, but also in terms of muamalāt, business activities and also economic activities. The existence of law enforcement or the rules of the difficulty of giving birth to ease proves that Islam with all its tools pays close attention to human needs which are adjusted to the current era. The era of industrial revolution 4.0 in fulfilling the daily needs of both social and economic needs. This can be proven, when Allah Almighty does not prohibit Muslims from interacting directly as well as making transactions with people of different religions or nonMuslims, even Allah SWT. It is precisely in this case that Allah gives flexibility to the converts to determine their own economic activities with records according to their level of ability. But thus
19. this almost Qath 'i rule is limited by the Shari'a in order to safeguard the benefit of mankind in order to safeguard the goals and intentions of Allah's rules. The formulation of the rules for the difficulty of giving birth to ease in the era of industrial revolution 4.0 as it is today, the behavior of the people in Indonesia in particular can provide convenience in regulations, meaning that all matters, whether worship or muamalat, if you experience difficulties, there will be a solution, meaning that there are solutions offered. Whereas difficulties or masyaqqah that are certain to obtain relief or convenience, namely provided that there are conditions that are concerned about threatening the safety of a person's life, threatening the limbs or other limb functions, while other causes that are deemed appropriate in order to obtain this relief such as things which is related to the limitations of mukalaf beyond its ability to achieve the problems that have been faced. Implementing masyaqqah principles in the present era 4.0 really requires sharp and critical reasoning so that the policies taken are objective, valid, directed and in accordance with the current context of benefit so as to make life more focused and find solutions that match expectations. REFERENCES Al-Bahusayn, Ya’qub. Qaidah al-Masyaqqah Tajlib al-Taysir. tt. Al-Bukhari, Imam. Shahih al-Bukhari Hadis no. 1973. Beirut: Dar al-Fikr , 1989. Al-Ghazali, Abi Hamid bin Muhammad. Al-Mankhul min Ta’liqat al-Ushul. Damsyiq: Dar al-Fikr, 400 H / 980 M. Al-ghazali, Abu Hamid. Ihya Ulumaddin. Beirut: Dar al-Kutub al-'Ilmiyyah, 2012. Al-Ghazaly, Abu Hamid. Al-Mustashfa Min Ilm Al Ushul. Bairut: Dar alKutub al-Ilmiah, 2014. Al-Kaylani, Majid Irsan. Falsafatu al-Tarbiyati al-Islamiyah. Mekah: Maktabah Hadi, 1988. Al-Qaradhawi, Yusuf. Daur al-Qiyam wal akhlaaq fi al-Iqtishad al-Islami. Kairo: Maktabah Wahbah, 1995. al-Zuhayli, Wahbah. Konsep Darurat dalam Islam: Studi Banding dengan Hukum Positif, ter. Said Agil Husain a lMunawwar, Hadri Hasan. Jakarta: Gaya Media Pratama, 1997. —. Tajdid al-Fiqh al-Islami. Beirut: Dar al-Fikr, 2002. Ar-Razi, Imam Fakhruddin. Manaqib Imam Asy-Syafi'i. Beirut Lebanon: Dar Al-Kutub Al -Ilmiyah, 2015. Abdullah, Suhairimi bin. Konsep Ijtihad Menurut Perundangan Islam. Malaysia: Pusat Kemahiran Komunikasi dan Keusahawanan, tt. Bukhari, Shahih. Al-Hadits al-Nabawi hadis nomor 6805. https://carihadis.com/Shahih_Bukhari/=ijtihad (accessed Nopember 8, 2020). Dahlan, Abd. Rahman. Ushul Fiqih. Jakarta: Amzah, 2005. Djazuli, Acep, and I. Nurol Aen. Ushul Fiqh Metodologi Hukum Islam. Depok: PT Raja Grafindo Persada, 2000. 19
20. Hisam Ahyani Djazuli , Ushul Fiqh Metodologi Hukum Islam / Djazuli dan I Nurol Aen (Jakarta : Raja Grafindo, 2000).Baqillani. Taqrib Wal Irsyad. Endraswara, Suwardi. Filsafat Ilmu: Konsep, Sejarah, dan Pengembangan Metode Ilmiah. Yogyakarta: Centre of Academic Publishing Service, 2012. Hamd al-Hamd. Kitab Syarah Qawaid Fiqhiyah oleh S’ad Hamd l-Hamd. Qawaid Masyaqqah Tajlib al-Taysir. Maktabah Syamila. Hlm. 10. https://al-maktaba.org/book/32440/23#p2 Iswandi, Andi. Al-Taysîr wa Asbâbuh fî al-Ahkâm al-Syar’iyyah ‘inda alUshûliyîn Imam at Thabari, Jami’ul Bayan fi Ta’wilil Quran. Beirut: Muassasah ar-Risalah, Jilid 19, hal. 219 Imam Jalaluddin al-Suyuthi, al-Asybah wa al-Nadha’ir, Beirut: Darul Kutub al-‘Ilmiyah, 1990, hlm 158) dalam https://islam.nu.or.id/post/read/109073/ diakses pada 15 Desember 2020. Imam Jalaluddin al-Suyuti, Nawahid al-Abkar wa Syawarid al-Afkar: Hasyiyyah al-Suyuthi ‘ala Tafsir al-Baidlawi, Mekkah: Jami’ah Ummul Qura, 2005, juz 2, 572. Ibnu Mandzur Muhamad bin Makram Jamaludin bin Mandzur. Shahib Kitab Lisan al-Arab. 711 H Muktar, Nuruddin. Ta’lim Ilmu Ushul. Riyadh: Maktab Al-Abikan, 2005. Nadawi, Ali Ahmad. Qawaid al-Fiqhiyah. Damasku: Daar el Qolam, 1994. Sarwat, Ahmad. Seri Kehidupan (1) Ilmu Fiqih, (Ed) Aini Aryani. Jakarta: DU Publishing, 2011. Syafei, Rachmat. Fiqih Muamalah. Bandung: Pustaka Setia, 2006. Trueblood. Philosophy of Religion, Terj. Rasjidi Filsafat Agama. Jakarta: Bulan Bintang, 2002. Yusuf Khiyath. Lisan al-‘Arab Ibnu Mandzur. Dar Lisan al-‘Arab., Beirut: Libanon. 2000. Hlm. 11/80. ً ‫ن‬ ‫ تطبيقا عىل ما يخرج من تخفيفات يف‬: ‫ المشقة تجلب التيسي معناها ودليلها‬: ‫ “القاعدة الفقهية‬,‫أبو عبيدة أحمد محمد‬ ‫” مجلة کلية ر‬,‫الشيعة اإلسالمية دراسة مقارنة‬ ‫ ر‬No. 1 (1 23 ‫ مجلة فصلية علمية محکمة‬:‫الشيعة و القانون بطنطا‬ Januari 2017): 336–65, https://doi.org/10.21608/mksq.2017.7701. Amalia, Fitri. 2014. “Etika Bisnis Islam: Konsep Dan Implementasi Pada Pelaku Usaha Kecil.” AlIqtishad: Jurnal Ilmu Ekonomi Syariah 6 (1): 133-142–142. https://doi.org/10.15408/aiq.v6i1.1373. Abubakar, Lastuti, dan Tri Handayani. 2017. “Telaah Yuridis terhadap Pembiayaan Perumahan Melalui Akad Musyarakah Mutanaqisah (MMQ) Sebagai Alternatif Pembiayaan Perumahan dalam Upaya Pengembangan Produk Perbankan Syariah.” Jurnal Hukum Ekonomi Islam 1 (1): 194–219.. https://jhei.appheisi.or.id/index.php/jhei/article/view/6 Ahyani, Hisyam, dan Elah Nurhasanah. 2020. “Peran Strategi Politik Islam Terhadap Perekonomian Di Indonesia.” Mutawasith: Jurnal Hukum Islam 3 (1): 18–43. https://doi.org/10.47971/mjhi.v3i1.185. Ahyani, Hisam, Dian Permana, dan Agus Yosep Abduloh. 2020. “Dialog Pemikiran Tentang Norma Riba, Bunga Bank, Dan Bagi Hasil di Kalangan Ulama.” Kordinat: Jurnal Komunikasi antar Perguruan Tinggi Agama Islam 19 (2): 247-264–264. https://doi.org/10.15408/kordinat.v19i2.18899.
21. As-Salafiyah , Aisyah, dan Aam Slamet Rusydiana. 2020. “Sharia Audit Problems In Zakat Institutions: Evidence From Indonesia.” JEBIS (Jurnal Ekonomi Dan Bisnis Islam) 6 (2): 304–16. https://doi.org/10.20473/jebis.v6i2.23329. Hardi, Eja Armaz. 2019. “Kaidah Al-Masyaqqah Tajlibu At-Taisir Dalam Ekonomi Islam.” Nizham Journal of Islamic Studies 6 (02): 99–110.. https://ejournal.metrouniv.ac.id/index.php/nizham/article/view/1312 Hariyani, Happy Febrina, Hendra Kusuma, dan Wahyu Hidayat. 2020. “Green Sukuk-Based Project on Sustainable Waste Management in Indonesia.” Al-Iqtishad: Jurnal Ilmu Ekonomi Syariah 12 (2). https://doi.org/10.15408/aiq.v12i2.15129. Islamiyati, Islamiyati. 2017. “Hak Kekayaan Intelektual (HKI) Sebagai Harta Wakaf (Analisis Pasal 16 UU No. 41 Tahun 2004 tentang Wakaf).” Jurnal Hukum Ekonomi Islam 1 (1): 171–93.. https://jhei.appheisi.or.id/index.php/jhei/article/view/5 Iswandi, Andi. 2014. “Penerapankonsep Taysîr dalam Sistem Ekonomi Islam.” Ahkam : Jurnal Ilmu Syariah 14 (2). https://doi.org/10.15408/ajis.v14i2.1283. Khoa, Bui Thanh, dan Ha Minh Nguyen. 2020. “Electronic Loyalty In Social Commerce: Scale Development and Validation.” Gadjah Mada International Journal of Business 22 (3): 276-300–300. https://doi.org/10.22146/gamaijb.50683. Musjtari, Dewi Nurul. 2017. “Efektifitas Pengawasan Otoritas Jasa Keuangan (OJK) dalam Pembuatan Akad pada Lembaga Keuangan Syariah di Indonesia.” Jurnal Hukum Ekonomi Islam 1 (1): 82–107. https://jhei.appheisi.or.id/index.php/jhei/article/view/4. Maulida, Camelia Rizka. 2020. “Konsep Rukhsoh Relevansinya Dengan Kaidah Al-Masyaqqah Tajlib Al-Taysir (Studi Kasus Pada Peraturan OJK Nomor 11/POJK.03/2020 Dan Surat Edaran Nomor S-9/D.05/2020).” Al-Huquq: Journal of Indonesian Islamic Economic Law 2 (2): 175–92. https://doi.org/10.19105/alhuquq.v2i2.3208. Maulana, Noveri, Restia Oktaviaman, dan Yasmine Farah. 2020. “Hygiene From The Heart: The Rise Of Sharia Compliant Hotel In Indonesia After Covid-19 Pandemic.” JEBIS (Jurnal Ekonomi Dan Bisnis Islam) 6 (2): 221–38. https://doi.org/10.20473/jebis.v6i2.21958. Mustafida, Rifka, Zahra Nabila Kurnia, Najim Nur Fauziah, Nur Shazni Binti Subri, dan Farihah Amirah Binti Ahmad Faiz. 2020. “The Implementation Of Maqashid Shariah In Zakat Institution: Comparison Between Indonesia And Malaysia.” JEBIS (Jurnal Ekonomi Dan Bisnis Islam) 6 (2): 317–39. https://doi.org/10.20473/jebis.v6i2.23532. Nasuha, Chozin. 2017. “Epistemologi Ushul Fiqh Kontemporer.” Al-Mashlahah Jurnal Hukum Islam dan Pranata Sosial 2 (04). https://doi.org/10.30868/am.v2i04.128. Prasetyo, Yogi. 2017. “Legal Truth (Menakar Kebenaran Hukum).” Legal Standing : Jurnal Ilmu Hukum 1 (1): 89–111. https://doi.org/10.24269/ls.v1i1.588. Rima Rahmayanti, Rizky Maidan Ilmy, dan Mustofa Hasan, “Sharf on the Actors of Non-Bank Foreign Exchange Business (Kupva Bb) or Money Changer,” INOVASI 15, no. 2 (31 Oktober 2019): 198–206, https://doi.org/10.29264/jinv.v15i2.6432. 21
22. Hisam Ahyani Roro , Fiska Silvia Raden. 2017. “Karakteristik Sharia Compliance dalam Penyelesaian Sengketa Ekonomi Syariah di Indonesia.” Jurnal Hukum Ekonomi Islam 1 (1): 108–43.. https://jhei.appheisi.or.id/index.php/jhei/article/view/9 Setyowati, Ro’fah. 2017. “Pendekatan Syariah Compliance Dalam Peningatan Kepercayaan Nasabah.” Jurnal Hukum Ekonomi Islam 1 (1): 1–20.. https://jhei.appheisi.or.id/index.php/jhei/article/view/8 Susanto, Bagus Pratama, dan Ajeng Sonial Manara. t.t. “Sistem Ekonomi Islam: Keseimbangan DalamPembangunan Dan KesejahteraanUmat | Susanto | Dinar : Jurnal Ekonomi Dan Keuangan Islam.” Diakses 9 Januari 2021. https://doi.org/10.21107/dinar.v4i1.5065. Yafiz, Muhammad, Isnaini Harahap, dan Sri Cahyanti. 2020. “Consumption Behavior Of Bidikmisi Scholarship Students With Religiosity As A Moderating Variable.” JEBIS (Jurnal Ekonomi Dan Bisnis Islam) 6 (2): 239–59. https://doi.org/10.20473/jebis.v6i2.22122. Suntana. Ija. 2017. Hasil diskusi yang disampaikan pada perkuliahan Program Magister Ilmu Hukum, UIN Sunan Gunung Djati Bandung, mata kuliah Sejarah Sosial Hukum Islam. Syauqi, Muhammad Iqbal. Larangan Memasung dan Mengasingkan Penyandang Disabilitas. Agustus 22, 2019. https://islam.nu.or.id/post/read/110115/larangan-memasung-danmengasingkan-penyandang-disabilitas (accessed Januari 8, 2021). M. Khaliq Shalha (kompasiana.com). Formulasi Dan Implementasi Kaidah Fiqih (al-Masyaqqah Tajlibut Taisir). November 25, 2014. https://www.kompasiana.com/m-khaliqshalha/54f3c5f9745513992b6c8001/formulasi-dan-implementasi-kaidah-fiqihalmasyaqqah-tajlibut-taisir (accessed Januari 8, 2021).