ANALISIS TERHADAP ISTINBATH HUKUM DALAM FATWA DEWAN FATWA PERHIMPUNAN AL-IRSYAD TENTANG GO-PAY TAHUN 2018 MENURUT HUKUM ISLAM DAN HUKUM POSITIF INDONESIA

In this modern era, the technology is increasing rapidly as we can feel it. However, technological progress does not always run on the Shari'ah corridors, and even sometimes technological advances lead to the moral decadancy. In term of religion, there are many new things which basically did not exist in the past. Therefore, ijtihad is required. Here the experts' fatwas are needed. The results of the ijtihad of the clerics are outlined in the fatwa, but in Indonesia the fatwa law products are not a source of positive law in Indonesia. The approach method used in this writing is normative juridical by collecting legal materials with library research methods. The analysis technique used in this writing is descriptive-analytical and content analysis. Based on the research and discussion in this paper, it thus can be concluded that fatwas are not binding legal force so that fatwas are not obligatory to be followed, except in certain conditions. In Indonesian positive law, the fatwa also has no legal standing, unless the fatwa is absorbed into a source of positive law in Indonesia. As for the istinbath method used in establishing GO-PAY law, namely the qiyas method (analogy) where the stipulated law is prohibited on payment discounts using GO-PAY