5.

0 PART D : CONCLUSION

5.1 What Are The Researcher Gain/Learned From The Findings As A Prospective Researcher?

Among the knowledge gained from studying Hājah in Islamic Finance: Mastering The Doctrine Of
Need in Shariah Making Decisions , the classical jurists have outlined some parameters under the
doctrine of ḥājah. It is a legal instrument where a concessions are justified by the need to preserve
something greater utilitarian value from what is lost, neglected or sacrificed.

At one time, Islamic financial scholars relied on the doctrine of ḥājah in sharia decision-making
(SDM). Shariah decision-making is defined as a process to identify Shariah-compliant and economic
viable solution to a problem faced by an Islamic financial institution (IFI), with a systematic course of
action that is also in line with the Sharīʿah (Agha, 2020). However, some critics consider over-reliance
on the maxim of need in SDM as a pretext for violation of Islamic commercial law (Zakariyah, 2012).
They also argue that ḥājah in SDM is used extensively as a legal device without appreciating its
historical and contextual framework since the classical jurists inclusively used it for individuals,not
corporations and legal entities.

In the context of the maqāṣd of a contemporary scholar, Ibn ʿĀshūr explained more
comprehensive, "Hajah consists of what is demanded by people to realize their interests and
accordingly running their affairs" (Ibn ʿĀshūr, 2006). Ḥājah is the second category in the maṣlaḥah
hierarchy according to Imām Shāṭebī classification. It stands between necessity (ḍarūrah) and
adornment (taḥsīniyah). Contrasted with ḍarūrah which results in rejection in chaos and total chaos,
the neglect of ḥājah does not lead to such collapse in social and personal life. Next, in fiqh literature,
it can be formulated that ḥājah in fiqh refers to the state of forcing conditions under that
requirement require relaxation in the original ruling on human grounds need, while ḍarūrah
(necessity) is emergency and survival which demands deviations from standard Sharīʿah rulings such
as eat pork and drink wine, etc. In this paper, ḥājah is discussed from the perspective of
jurisprudence, which is in context Contemporary banking and financial transactions show asituations
where without using a specific approach either the contracting parties are unable to meet their
commercial/financial obligations requirements, or the transaction cannot be performed. Example of
The first type of ḥājah is the adhesion contract, syndicated financing, raising corporate funds and
investment accounts, etc.

There are two types of hajah which are classified as public needs and also personal needs. What is
meant by this public need is a pressing need that involves society, such as the need for istisna
(manufacturing contract), Salam (advance payment sale with deferred delivery), istijrār, and other
industrial, agricultural, business or transportation needs. As for private need refers to a need faced
by individuals or a certain group of people and professions such as the need for insurance/takaful for
traders.

There are four hajah parameters ,firstly The Ḥājah Must Be Real, Not Imaginative. A ḥājah to be a
justification for a departure from a general fiqh ruling (derived from analogy/qiyās or
exertion/ijtehād) to a concessionary one, firstly, the need must be factually correct either with
absolute certainty or with reasonable probability, indicating that people will face hardship if a
concession is not provided (Al-Musooah, 1998). In other words, ḥājah based Sharīʿah decision shall
not be made based on assumptions, because a mere suspicion or plausibility (tawahhum) does not
enact concessionary legislation(Al-Suyuti, 1973). Secondly, Non-availability of Alternatives Flexibility
in the original ruling is given only when there is no other permissible way to accomplish the task(Al-
Zuhaili, 1985). And addition, The Intended Benefifit (Maṣlaḥah) Shall Be in Harmony with Sharīʿah
and Shall Be Weightier Than Any Harm Associated with It The purpose of a concessionary ruling in
need cases is to serve an individual or public interest (maṣlaḥah ʿāmmah).The last one , The
Concession Is Time and Need Bound The concession provided due to a hardship in case of a private
need is neither a total exemption nor perpetual, rather it is time-bound and confined to the extent
of the need (Al-Zuhaili, 1985). As per the maxim of ḥājah, “need is to be assessed and treated
proportionately”, and “when hardship causes constraint, (the law), becomespermissive, but as
circumstances ease, (the law) becomes strict”. These two maxims constitute that ḥājah based ruling
shall not be extended beyond its limit and a concession shall be measured according to the
magnitude of the need.

5.2 How The Knowledge Can Be Applied In The Future Studies ?

Through the knowledge gained, the research that will be done in the future will be studied in
more depth and detail. Through this study, from what we can find out a deeper way for the use of
hajah in Islamic finance to master the doctrine of necessity in sharia decision making.

Next, all the research done will be explained and explained more clearly to all levels of readers so
that it is easy to understand and not be misunderstood. Finally, the feeling of curiosity and the
tendency to do research is also something that can be emulated, with this feeling the researcher will
do the research more carefully and will be satisfied with the results. In conclusion, the knowledge
obtained through this study is very useful for future researchers.

5.3 If You Did The Research As Discussed In The Article You Chose, What Would You Change To
Improve The Quality Of The Research?

The things that will be changed to further improve the quality are studies that are made in a
simple, neat, interesting and easy to read or easy to follow because all the mentioned features are
sought by readers. If the writing is long, complex and complicated to read this will confuse the
reader.

Usually, the longer your writing is, the less readers will be interested in following it. Therefore,
simple and concise writing will be used to make it easier for readers to get information quickly and
accurately. Next, use creativity by inserting pictures or videos to illustrate the situation being
discussed or display infographics by inserting facts to attract the reader's interest.

By displaying infographics like a table, these statistics can make it easier for the reader as well as
attract the interest of not only readers but also other writers. It is likely that other writers will follow
this way in their studies as well. Next, if the study only displays written text, the reader will quickly
feel bored, therefore the use of infographics will play a role in displaying authentic information and
serve as a highlight in the study. In conclusion, there are many other methods that can be used to
improve the quality of a study by the author to facilitate and interest readers out there.