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Maqashid Syari’ah dan Kebutuhan Manusia dalam Pertumbuhan Ekonomi

di Era Globalisasi

Ai Fitri Islami

Ekonomi Syariah, Pascasarjana IAIN Syekh Nurjati Cirebon Jl. Perjuangan By Pass Sunyaragi Cirebon 45132

Email: fitriislami16@gmail.com

Abstract

The human need is the need or really want to fulfill in order to survive and to satisfy a desire of globalization there is a tendency for economic development to be more concerned about ethics in economic activity. In this paper, will be revealed about the trend of globalization and economic development at the same time reveals the opportunities and challenges in the economic development of sharia in the context of the era of global economic development. Knowledge of maqashid al Sharia has always been a need for all parties to arrange all the good side of human life associated with individuals and related to the wider community with the legal basis and the considerations of the Shari'a.

Keyword: maqashid sharia, human needs, economic growth, globalization.

JEL Classification: P00, G2, O4,

A. Background

Achieving masalahah is a goal of sharia, maslahah achieved includes both here and hereafter. Measuring ‘maslahah’ should be considered from human needs level i.e. primary needs dharury, secondary needs hajiat, and tertiary needs tahsiniyat.Maslahah.

concept will contribute tremendeously when it is implemented in Islamic economics

development such in human needs concept, economic activity paradigm,ans utility standard.1 Development is a tool used to achieve the goals of the nation and the economic growth is one indicator to assess the success of the development of a country.2

Humans exposed to global environmental issues that affect everyone and can only be managed effectively by working together among all, or most countries. Contemporary main focus is the integration of environmental issues with economic planning and decision-making.3 Quality human development support economic development and vice versa economic performance Good support human development.4

1Kara, Muslim, Jurusan Ekonomi Islam, and Hukum UIN Alauddin Makassar. "Pemikiran Al-Syatibi tentang Maslahah dan Implementasinya dalam Pengembangan Ekonomi Syariah." Jurnal ASSETS 2.2 (2012): 173-184.

2 Mirza, Denni Sulistio. "Pengaruh Kemiskinan, Pertumbuhan Ekonomi, dan Belanja Modal Terhadap Indeks Pembangunan Manusia di Jawa Tengah tahun 2006-2009." Economics Development Analysis Journal 1.2 (2012).

3 Hurrell, Andrew, and Benedict Kingsbury. "The international politics of the environment: an introduction." The International Politics of the Environment 1 (1992): 1-47.

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B. Literature review

Asad Zaman (2008)5. A central thesis of this paper is that social science is the study of human experience, and hence strongly conditioned by history. Modern Western political, economic and social structures have emerged as a consequence of the repudiation of religion, and are based on secular principles. Many of these are inimical to Islamic principles, and cannot be adapted to an Islamic society. Muslim societies achieved freedom from colonial rule in the first half of the twentieth century and sought to construct institutions in conformity with Islam. The development of Islamic economics is part of this process of transition away from Western colonial institutions. This paper focuses on the contrasts between Western economic theories and Islamic approaches to organization of economic affairs.

Waeibrorheem Waemustafa and Sukri Suriani (2016)6. The significant roles of syari’ah and Islamic banking undeniably critical in order to ensure about compliances to the Islamic principle this in turn provide a very conclusive picture whether Islamic banks truly concerns about Islamic requirement when introducing any type of product that might have any

significant effect on its marketability, however the terms used in Islamic banks currently are highly suspicious of being involved in unlawful practices as mentioned in the holy text Al-Quran, this has triggers the increased concerned about the strength of relationship between syari’ah compliance and profitability. The trade-off between profit and syari’ah compliance has remained one of very important issues which they must be addressed to ensure that Islamic banks are not only profit making financial institution but it also very concerns about the roles of Islam and the way that profit is gained to avoid making any profit that against the principle of syari’ah.

Rania A Azmi (2006)7. Companies are dedicated to being sustainable organizations through building long-term shareholder value while being a responsible corporate citizen. It is globally believed that the only way to achieve that is to incorporate economic, social and environmental codes of conduct into business strategy. Furthermore, global expansion has brought about greater involvement with different cultures and socioeconomic systems. With this development, ethical considerations become more important. Thus, the importance of building a strong ethical culture is integral to the reputation, growth and finances of any organization. It builds a brand that attracts the best talent and creates trust among the

stakeholders. Although companies are primarily business organizations run for the benefit of shareholders, they have a wide-ranging set of responsibilities to their own suppliers,

customers and employees, to the communities in which they are located, and to society at large. Most corporations recognize these responsibilities and make a serious effort to fulfil them while trying to utilize their business ethics as a source of competitive advantage. This has been defined as the "hidden logic of business ethics." This research will explore the growing issue of business ethics particularly as a competitive advantage. We will also analyze business ethics as a threat to business competitiveness, when ethical failure diminishes the reputation of a company and its products, locally and globally. In certain markets companies' records of positive or negative ethical conduct determine their "licence to operate" in some markets.

5 Zaman, Asad, Islamic Economics: A Survey of the Literature (June 1, 2008). University of

Birmingham: Religions and Development Research Programme, Working Paper No. 22. Available at SSRN:

https://ssrn.com/abstract=1282786 or http://dx.doi.org/10.2139/ssrn.1282786

6 Waemustafa, Waeibrorheem and Sukri, Suriani, Syari’ah Compliance and Lawful Profit Making Dilemma in Malaysian Islamic Banks (August 16, 2016). Available at SSRN: https://ssrn.com/abstract=2824903

or http://dx.doi.org/10.2139/ssrn.2824903

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Carkovic, Maria V. and Levine, Ross (2002)8. This paper uses new statistical techniques and two new databases to reassess the relationship between economic growth and FDI. After resolving biases plaguing past work, we find that the exogenous component of FDI does not exert a robust, independent influence on growth.

Brandon Levy (2012)9.Globalization is the process of increased interconnectedness among countries. The prosperous economic development that is typically gained because of the increased interconnectedness among countries usually results in a better standard of living, and an overall improved quality of life. The successful economic development of a nation hinges on its ability to globalize. Given that the international integration of national economies has such a profound effect, globalization plays a central role in determining the future of the world. This paper attempts to explain what role globalization has played and its overall impact on economic development.

of the literature review above, differ with my opinion that, Islamic Shari'ah came as a mercy to humans, keep the benefit in all cases and circumstances. All existing laws, either a command or prohibition is recorded in the texts the shari'ah is not something hollow

meaningless. But all of that has the sole purpose. Humans as homo economicus has a tendency to be able to meet all needs, both the needs of primary, secondary, and tertiary. Man's efforts to meet these needs can not be separated from the human desire to survive and continue their lives. In terms of economics, the development of the world economy raises two important effects are very encouraging, namely 1). prosperity or standards of living has increased and 2). he could create new employment opportunities to the population that continues to grow in number. However, it is sad to recognize the fact that economic growth is not something the events that occurred in all countries. Countries in Asia and Africa do not enjoy fully the increase in economic growth.

C. Discussion / Result

according to a statement M. Khaeruddin Hamsin10, MAmaslahah forms that serve as the basis for measuring maqashid shari'a consists of two forms, namely: a. Realising the benefits, kindness, and a pleasure to humans, which is called "al-manafi jalb '/ al-mashalih"; b.

Protects from damage and ugliness, called "daf'u al-mafasid". To determine the merits (or

mafasadah benefit) an act and in order to realize the ultimate goal the establishment and development of the law, then the benchmark is what the basic necessities for human life. The demands have levels so sequentially, scholars of the initiators maqashid to rank these needs into three levels, namely: the necessities (primary), hajiyyat (secondary) and tahsinat

(tertiary). In essence globalization is best means for Muslims to introduce culture and the teachings of Islam to the whole over the world. As already stated in the Qur'an that no

coercion in religion, Muslims can offers culture, ideology and lifestyle Islami, to the world by displaying the example of the Prophet and the other prophets11.

Prosperous economic development obtained for improved linkages between countries typically generate better living standards, and increase overall quality of life. Successful

8 Carkovic, Maria V. and Levine, Ross, Does Foreign Direct Investment Accelerate Economic Growth?

(June 2002). U of Minnesota Department of Finance Working Paper. Available at SSRN:

https://ssrn.com/abstract=314924 or http://dx.doi.org/10.2139/ssrn.314924

9 Levy, Brandon, The Role of Globalization in Economic Development (September 14, 2012). Available at SSRN: https://ssrn.com/abstract=2233648 or http://dx.doi.org/10.2139/ssrn.2233648

10 Dr. M. Khaeruddin Hamsin, MA (Faculty of Law, University of Muhammadiyah Yogyakarta), Determination maqashid In Islamic Shari'ah Law

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economic development of a nation depends on its ability to globalization. Given that the international integration of the national economy has such a profound effect, globalization plays a central role in determining the future of the world. This paper attempts to explain what role globalization has played and the overall impact on economic development12. Mishra13 stated that globalization has limiting the capacity of the nation-state in conducting social protection.

In this case, government policies relating to revenue and expenditure to improve the economic stability needs to be done in the form of fiscal policy (fiscal policy). According Soediyono R.14, fiscal policy is an action taken by the government in the budget

state in the form of revenue and expenditure for the purpose of influencing the course of the economy.

the Islamic Economy System aimed to support society’s welfare, to realize the Maqasid as Syariah, and to uphold the justice values, so the significant base in distribution level is 'So that it will not be a perpetual distribution among the rich from among you' (al-Hasyr (7: 59). The concept of distribution based on the foundation covers: 1. Principles of distribution from: a. gharar/ usury prohibition, b. justice in distribution, c. the

acknowledgment of personal property, to d. prohibition of material accumulation. 2. The institution of distribution: government and society. 3. The instruments of distribution from Alms, Benefaction, Inheritance, Infak and Sedekah15.

Therefore, according to Abdullah, M. Amin (2012)16, was not easy to make changes, because most people feel comfortable with its hereditary. However, life and challenges continue to change. Scientific paradigm of law (Islam) is also constantly changing in

accordance with changes in social, economic, inter-religious relations, international relations, development of science and technology and so on. Of course, a paradigm shift from theory

Maslahah (maqasid al-Sharia) the old to the new maslahah theory requires changes slowly. D. Conclusion

To measure the benefit to be seen from the level of human needs: the need dharury, hajiat, and tahsiniyat. The concept of the benefit will be a huge contribution when

implemented in the economic development of sharia, Globalization is the process of improving the relationship between the countries. Prosperous economic development is usually obtained for improved linkages between countries that usually produce a better standard of living, and improved quality of life overall. Successful economic development of a nation depends on its ability to globalization. And In essence, this globalization is the best means for Muslims to introduce the culture and the teachings of Islam to the world.

12 Tjiptoherijanto, Prijono. Indonesia's economic outlook in the context of globalization. Rineka Copyright, 1997.

13 read Ramesh Mishra, Globalization and the Welfare State (London: McMillan, 2000).

14 Soediyono R., Introduction to Macroeconomic Analysis National Income (Yogyakarta: Liberty, 1992), 95.

15 Ghofur, Ruslan Abdul, The Concept of Distribution in the Islamic Economic System (November 10, 2011). Dissertation on Post Graduate Program of State Islamic University Sunan Kalijaga Jogjakarta, 2011 . Available at SSRN: https://ssrn.com/abstract=2189961

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REFERENCE

Abdullah, M. Amin. "New Building Epistemology Scientific Study of Islamic law in response to globalization." Asy-Syir'ah: Journal of Shari'ah and Law 46.2 (2012).

Azmi, Rania A., Business Ethics as Competitive Advantage for Companies in the Globalization Era (July 2006). Available at SSRN: https://ssrn.com/abstract=1010073 or .

Basri, Faisal H. Indonesian Economy: challenges and hopes for economic revival Indonesia. Erland, 2002..

Brata, Aloysius Gunadi. "Pembangunan Manusia dan Kinerja Ekonomi Regional di Indonesia." Jurnal Ekonomi Pembangunan 7.2 (2002): 113-122.

Carkovic, Maria V. and Levine, Ross, Does Foreign Direct Investment Accelerate Economic Growth? (June 2002). U of Minnesota Department of Finance Working Paper. Available at SSRN: https://ssrn.com/abstract=314924 or .

Dr. M. Khaeruddin Hamsin, MA (Faculty of Law, University of Muhammadiyah Yogyakarta), Determination maqashid In Islamic Shari'ah Law.

Ghofur, Ruslan Abdul, The Concept of Distribution in the Islamic Economic System (November 10, 2011). Dissertation on Post Graduate Program of State Islamic University Sunan Kalijaga Jogjakarta, 2011 . Available at SSRN: https://ssrn.com/abstract=2189961

Hurrell, Andrew, and Benedict Kingsbury. "The international politics of the environment: an introduction." The International Politics of the Environment 1 (1992): 1-47.

Kara, Muslim, Jurusan Ekonomi Islam, and Hukum UIN Alauddin Makassar. "Pemikiran Al-Syatibi tentang Maslahah dan Implementasinya dalam Pengembangan Ekonomi Syariah." Jurnal ASSETS 2.2 (2012): 173-184.

Levy, Brandon, The Role of Globalization in Economic Development (September 14, 2012). Available at SSRN:

https://ssrn.com/abstract=2233648 or http://dx.doi.org/10.2139/ssrn.2233648

Mirza, Denni Sulistio. "Pengaruh Kemiskinan, Pertumbuhan Ekonomi, dan Belanja Modal Terhadap Indeks Pembangunan Manusia di Jawa Tengah tahun 2006-2009." Economics Development Analysis Journal 1.2 (2012).

read Ramesh Mishra, Globalization and the Welfare State (London: McMillan, 2000).

Soediyono R., Introduction to Macroeconomic Analysis National Income (Yogyakarta: Liberty, 1992), 95.

Tjiptoherijanto, Prijono. Indonesia's economic outlook in the context of globalization. Rineka Copyright, 1997.

Waemustafa, Waeibrorheem and Sukri, Suriani, Syari’ah Compliance and Lawful Profit Making Dilemma in Malaysian Islamic Banks (August 16, 2016). Available at SSRN: https://ssrn.com/abstract=2824903 or

http://dx.doi.org/10.2139/ssrn.2824903

Zaman, Asad, Islamic Economics: A Survey of the Literature (June 1, 2008). University of Birmingham: Religions and Development Research Programme, Working Paper No. 22. Available at SSRN: https://ssrn.com/abstract=1282786

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