Article Per Year (5 Year)
p-Index From 2021 - 2026
0.444
P-Index
This Author published in this journals
All Journal Journal of Private and Commercial Law WiShEL
Baidhowi Baidhowi
Faculty of Law, Universitas Negeri Semarang
Law, Crime, Criminology & Criminal Justice

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
Harmonization of Commercial Law: Patterns of Positivization and the Formulation of DSN-MUI Fatwas in Realizing Legal Certainty for Islamic Banking in Indonesia Baidhowi Baidhowi; Ahmad Rofiq; Ali Murtadho; Rayi Kharisma Rajib
Journal of Private and Commercial Law Vol. 10 No. 1 (2026): May, 2026
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jpcl.v10i1.47862

Abstract

The rapid development of the Islamic banking industry in Indonesia requires commercial legal instruments that not only ensure sharia compliance but also provide positive legal certainty for business actors. This article analyses the harmonization of Islamic commercial law into the national legal system through the mechanism of positivizing the fatwas of the National Sharia Council of the Indonesian Ulema Council (DSN-MUI) into Law No. 21 of 2008 on Islamic Banking and the Compilation of Sharia Economic Law (KHES). Through normative legal research methods employing statutory, conceptual, and comparative approaches, this study elaborates the ontological transformation of fatwas—from cultural authority (i'laniyah) into imperative legal norms (mulzim). The findings indicate that harmonization is carried out through institutional integration (the Islamic Banking Committee) and normative integration (adoption, adaptation, and expansion) into the regulations of Bank Indonesia and the Financial Services Authority. The formulation of commercial contracts incorporates the principle of freedom of contract (mabda' hurriyah al-ta'aqud) as well as classical fiqh doctrines through the instruments of maslahah mursalah, takhayyur, and talfiq. This material legal certainty is reinforced by the readiness of formal law through the expansion of the absolute jurisdiction of the Religious Courts and the National Sharia Arbitration Board (Basyarnas) following Constitutional Court Decision No. 93/PUU-X/2012. In conclusion, the positivization of DSN-MUI fatwas has successfully eliminated the operational ambiguity of sharia contracts and created a sustainable business ecosystem. This transformation directly contributes to achieving the Sustainable Development Goals (SDGs), particularly SDG 8 (Inclusive Economic Growth) and SDG 16 (Strong Judicial Institutions and Access to Justice), by providing consumer protection and absolute certainty in the enforcement of proprietary rights within Indonesia.
Role of Ulama Ijma in Legitimizing and Validating Sharia Banking Practices in Indonesia Baidhowi Baidhowi; Chatrine Novianti Sitanggang; Dinda Merry Wijarningsih; Najua Rahmawati; Sahda Naura Salwa Taufiqi; Veny Gambini Tampubolon
Walisongo Journal of Sharia Economic Law Vol. 1 No. 1 (2025): Walisongo Journal of Sharia Economic Law
Publisher : Department of Sharia Economic Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21580/wishel.2025.1.1.30619

Abstract

This study discusses the role and position of ijma' ulama as the basis of Islamic law and its influence in determining the validity of Islamic banking practices in Indonesia. Ijma' means the consensus of scholars in determining the law on issues that are not directly explained in the Qur'an and hadith. In modern times, ijma' has become an important means of addressing new issues in the economic and financial fields in order to remain consistent with Islamic teachings. This study uses a literature review method by examining sources of Islamic law, Islamic banking regulations, and fatwas issued by the National Sharia Council-Indonesian Ulema Council (DSN-MUI). The results of the study show that ijma' ulama plays a major role in ensuring that Islamic banking activities are in accordance with Islamic principles. Through deliberations among Islamic scholars and economists, the DSN-MUI issues fatwas that serve as guidelines for Islamic banks in providing their products and services. These fatwas are also recognized by the state through Law No. 21 of 2008 on Islamic Banking, giving them official legal force. Thus, ijma' not only serves as a religious guideline, but also as a bridge between Islamic teachings and state law. Through the role of ijma', Islamic banking practices in Indonesia can be carried out in accordance with the values of justice, honesty, and balance as taught in Islam. Keywords: Ijma' Ulama, Islamic Law, DSN-MUI Fatwa, Islamic Banking, Legal Validity
Co-Authors Ahmad Rofiq Ali Murtadho Chatrine Novianti Sitanggang Dinda Merry Wijarningsih Najua Rahmawati Rayi Kharisma Rajib Sahda Naura Salwa Taufiqi Veny Gambini Tampubolon