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All Journal IQTISHOD: Jurnal Pemikiran dan Hukum Ekonomi Syariah Sinergi International Journal of Islamic Studies Al-Mustashfa: Jurnal Penelitian Hukum Ekonomi Syariah
Muhammad Dakhlan Gazali
Ez-Zitouna University
Religion Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

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Analysis of Sharia Compliance in Refinancing Procedures for Non-Performing Clients: A Case Study of the Sharia Supervisory Board's Opinion at BPRS Amanah Ummah Dimas Muhammad Hanief Arkaan; Indri; Fahmi Alhadi; Muhammad Dakhlan Gazali; Dessy Asnita; Usamah
Sinergi International Journal of Islamic Studies Vol. 4 No. 3 (2026): August 2026
Publisher : Yayasan Sinergi Kawula Muda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61194/ijis.v4i3.972

Abstract

The expansion of Indonesia’s Islamic banking financing, which reached IDR 643.55 trillion in 2024, alongside a non-performing financing ratio of 2.12%, highlights the need for Sharia compliance in refinancing distressed clients. Prior research has examined product-level compliance, while limited attention has been given to Sharia Supervisory Board (DPS) opinions as ex-ante controls in refinancing decisions at Sharia Rural Banks (BPRS). This study analyzes the refinancing procedure for a non-performing client at BPRS Amanah Ummah and assesses the conformity of DPS Opinion No. 01/DPS/BPRS AU/VI/2025 with DSN-MUI Fatwas. Using a qualitative case-study design, the study examined four documentary sources: the DPS opinion, refinancing contract and addendum, standard operating procedure, and business-condition documents. Data were analyzed through extraction, mapping, compliance assessment, classification, and synthesis. Findings show that the DPS opinion operates as an ex-ante compliance control that informs contract adjustment, obligation rescheduling, and post-refinancing monitoring. The Musyarakah Mutanaqishah–Ijarah refinancing arrangement was consistent, within the reviewed documents, with the assessed provisions of DSN-MUI Fatwas No. 89 on Sharia refinancing, No. 73 on Musyarakah Mutanaqishah, No. 48 on rescheduling, No. 09 and No. 112 on Ijarah, and No. 43 and No. 129 on ta’widh. No documentary evidence of riba, gharar, or zulm was identified. However, asset valuation, Ijarah pricing, disclosure quality, and enforcement fairness were outside the assessment scope. It proposes a document-based DPS supervision model comprising formal opinion issuance, a contract-addendum supervision loop, and post-refinancing monitoring. This model guides BPRS and DPS in mitigating Sharia non-compliance risk.
Regulatory Capture and Vendor Lock-in: A Maqashid Sharia Analysis of Public Wealth Governance Dimas Muhammad Hanief Arkaan; Fahmi Alhadi; Muhammad Dakhlan Gazali; Dessy Asnita
IQTISHOD: Jurnal Pemikiran dan Hukum Ekonomi Syariah Vol. 5 No. 2 (2026): Volume 5 Nomor 2 Tahun 2026
Publisher : STAI Al-Mas'udiyah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69768/ji.v5i2.314

Abstract

While the digitalization of education is a crucial agenda in public service reform, such policies may engender governance issues if the procurement design is misaligned with actual needs, creates vulnerabilities to vendor lock-in, and involves conflicts of interest. This article analyzes the risks of regulatory capture and vendor lock-in in digital education procurement through a Maqashid Sharia perspective on public wealth governance. Employing a normative-juridical method, this research utilizes conceptual, statutory, case, and Maqashid approaches. Legal materials and literature are analyzed qualitatively, establishing hifz al-mal al-‘amm, hifz al-‘aql, amanah, wakalah, ghulul, ta’arudh al-mashalih, and sadd adz-dzari’ah as the evaluative framework. The findings indicate that digital education procurement cannot be assessed solely on procedural legality; rather, it must be scrutinized for its alignment with public needs, equitable distribution of benefits, competitive transparency, and the safeguarding of public wealth against fiscal waste and the hijacking of interests. From a Maqashid Sharia perspective, digitalization policies that prioritize hardware expenditure without ensuring foundational infrastructure readiness, pedagogical efficacy, and the mitigation of conflicts of interest risk deviating from the principle of maslahah ammah. Ultimately, this article contributes by proposing a Maqashid audit framework for public sector digital procurement, serving as a preventive instrument against regulatory capture, vendor lock-in, and fiscal misallocation in educational policy.
Measuring Public Spending Efficiency on Hifdz al-’Aql in East Java Fahmi Al Hadi; Dimas Muhammad Hanief Arkaan; Dessy Asnita; Muhammad Dakhlan Gazali
Al-Mustashfa: Jurnal Penelitian Hukum Ekonomi Syariah Vol. 11 No. 2 (2026)
Publisher : UIN Siber Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/jm.v11i2.24598

Abstract

This study examines the efficiency of local government functional spending in East Java in realizing hifdz al-‘aql and investigates whether regional area and population size explain variations in spending efficiency. A quantitative approach was employed using a Two-Stage Data Envelopment Analysis (DEA) covering 38 regencies and cities from 2019 to 2023. The first stage applied an input-oriented Variable Returns to Scale (VRS) model, with functional spending on education, economy, tourism-culture, and public order-security as inputs and the Education Index, represented by Expected Years of Schooling and Mean Years of Schooling, as the output. The second stage employed panel regression to examine regional area and population size as exogenous determinants. The results reveal an average efficiency score of 0.630, indicating considerable scope for input optimization or reallocation while maintaining existing educational outcomes. Regional area and population size have no statistically significant effects on efficiency variations. From a Sharia perspective, this efficiency gap should not be directly equated with isrāf, but understood as a normative indication for improving the management of al-māl al-‘āmm as an amānah to maximize maṣlaḥah. The study contributes to Islamic economic law by operationalizing hifdz al-‘aql as an evaluative framework that integrates empirical spending efficiency with Sharia-oriented public financial governance. 
Co-Authors Dessy Asnita Dessy Asnita Dimas Muhammad Hanief Arkaan Fahmi Al Hadi Fahmi Alhadi Indri Usamah