Hukum Menerima Hadiah dari Seseorang yang Hartanya Bercampur dengan Harta Haram Studi Komparasi Antara Mazhab Maliki dan Syafi’i

The Ruling on Accepting Gifts from Someone Whose Property is Mixed with Haram Property a Comparative Study Between the Maliki and Shafi'i Mazhabs

Abstract

Humans as social creatures need interaction with other humans. The purpose of these interactions is so that they can get to know each other and benefit each other. One of the results of this interaction is giving gifts to each other. Giving gifts has a significant influence on the realization of social ties and relationships. Islamic law itself has explained that the original law of gifts is permissible and even recommended in Islam. However, this research discusses the views of the scholars of the Maliki and Shafi'i schools of thought on the law of receiving gifts from someone whose property is mixed with haram property. This research aims to understand the differences and similarities between the two madhhabs in the context of muamalah with the owner of property mixed between halal and haram. The method used in this research is the library research method with a normative and comparative approach. The results show that the Maliki Mazhab allows muamalah and receiving gifts from the owner of the property if the halal part is more, while the Shafi'i Mazhab discourages muamalah with mixed property regardless of the amount of halal or haram parts. The similarity between the two madhhabs is that both Maliki and Shafi'i do not allow dealing with owners of haram property. This research contributes to a deeper understanding of Islamic law in the context of contemporary muamalah.