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All Journal Tasharruf : Journal of Islamic Economics and Business Cashless
Salsabila Firdaus
Universitas Nahdlatul Ulama Pasuruan
Economics, Econometrics & Finance

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Penyelesaian Wanprestasi dalam Perjanjian Pembiayaan Syariah Salsabila Firdaus; Rizalatul Maghfiroh
Cashless : Journal of Sharia Finance and Banking Vol. 3 No. 1 (2025): Cashless : Journal of Sharia Finance and Banking (April)
Publisher : Universitas Nahdlatul Ulama Pasuruan, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55757/cashless.v3i1.1156

Abstract

This article aims to analyze the mechanisms for resolving defaults in Islamic financing agreements within Islamic financial institutions, highlighting the alignment of these practices with Sharia principles, particularly justice and the avoidance of usury, and identifying challenges and solutions to enhance their effectiveness. A thorough theoretical review of the concept of default in Islamic law, the principles of Islamic finance, and resolution mechanisms forms the basis of the analysis. The findings of the discussion indicate that Islamic financial institutions generally prioritize deliberation, restructuring, and mediation before resorting to arbitration or litigation. Ensuring the alignment of practices with Sharia principles requires strict oversight and consistent interpretation. Challenges such as differing understandings of Sharia principles and customer financial literacy can be addressed through regulatory standardization, education, strengthening the Sharia Supervisory Board, and leveraging technology. This article concludes that the resolution of defaults in Islamic financing should be based on justice and deliberation, with sanctions aimed at maintaining a balance of rights and obligations without involving usury, for the sustainability of a sound and equitable Islamic financial industry.
Manajemen Risiko Kepatuhan Syariah dalam Lembaga Keuangan Syariah Hasnah Haron; M. Sholeh Wafie; Salsabila Firdaus
Tasharruf : Journal of Islamic Economics and Business Vol. 6 No. 2 (2025): Tasharruf : Journal of Islamic Economics and Business (November)
Publisher : Universitas Nahdlatul Ulama Pasuruan, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55757/tasharruf.v6i2.1152

Abstract

Sharia compliance is a key pillar in the operations of Islamic financial institutions, which continues to grow along with the development of the global Islamic financial industry. Sharia compliance risk management is a crucial factor in protecting institutions from the risk of non-compliance, which can seriously impact business sustainability, reputation, and consumer trust. This article discusses critical aspects of Sharia compliance risk management, including (A) definitions and basic principles, (B) risk identification and evaluation, (C) mitigation strategies, and (D) the application of technology in risk management. Case studies and practical examples are presented to provide a concrete picture of the challenges and solutions faced by Islamic financial institutions. With a comprehensive approach, this article is expected to provide insight into the importance of Sharia compliance risk management in maintaining the integrity and stability of Islamic financial institutions in the global market.
Penyelesaian Wanprestasi dalam Perjanjian Pembiayaan Syariah Salsabila Firdaus; Rizalatul Maghfiroh
Cashless : Journal of Sharia Finance and Banking Vol. 3 No. 1 (2025): Cashless : Journal of Sharia Finance and Banking (April)
Publisher : Universitas Nahdlatul Ulama Pasuruan, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55757/cashless.v3i1.1156

Abstract

This article aims to analyze the mechanisms for resolving defaults in Islamic financing agreements within Islamic financial institutions, highlighting the alignment of these practices with Sharia principles, particularly justice and the avoidance of usury, and identifying challenges and solutions to enhance their effectiveness. A thorough theoretical review of the concept of default in Islamic law, the principles of Islamic finance, and resolution mechanisms forms the basis of the analysis. The findings of the discussion indicate that Islamic financial institutions generally prioritize deliberation, restructuring, and mediation before resorting to arbitration or litigation. Ensuring the alignment of practices with Sharia principles requires strict oversight and consistent interpretation. Challenges such as differing understandings of Sharia principles and customer financial literacy can be addressed through regulatory standardization, education, strengthening the Sharia Supervisory Board, and leveraging technology. This article concludes that the resolution of defaults in Islamic financing should be based on justice and deliberation, with sanctions aimed at maintaining a balance of rights and obligations without involving usury, for the sustainability of a sound and equitable Islamic financial industry.
Co-Authors Hasnah Haron M. Sholeh Wafie Rizalatul Maghfiroh