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All Journal Milkiyah: Jurnal Hukum Ekonomi Syariah Serambi Madina: Journal of Islamic Studies
Cecep Soleh Kurniawan
Universiti Islam Sultan Sharif Ali, Bandar Seri Begawan, Brunei Darussalam
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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The Paradox of Mu'allaq Contracts in Murabahah Financing Panji Adam Agus Putra; Dani Durahman; Cecep Soleh Kurniawan; Muhammad Hatta
Milkiyah: Jurnal Hukum Ekonomi Syariah Vol. 4 No. 2 (2025): Milkiyah: Jurnal Hukum Ekonomi Syariah, August 2025
Publisher : Sekolah Tinggi Agama islam Negeri Majene

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46870/milkiyah.v4i2.1576

Abstract

Islamic economics requires strict adherence to contracts that comply with Sharia law, but contemporary financial practices, particularly tamlîk (purchase with ownership rights) and mu’âwadhat (reciprocal exchange) agreements, often face challenges related to gharar (excessive uncertainty), raising critical questions about their validity under Islamic law. This study focuses on resolving one of the most controversial issues in modern Islamic finance: the validity of mu’allaq contracts in murabahah financing structures. Through a normative legal approach, this study systematically analyses classical fiqh literature, fatwa from the Indonesian National Sharia Council (DSN-MUI), and regulatory guidelines such as the OJK Murabahah Guidelines, revealing fundamental differences of opinion among scholars. The validity of mu'allaq contracts in Islamic finance remains a subject of debate, with classical scholars from the Hanafi, Shafi'i, and Hanbali schools rejecting them as non-binding tabarru', while contemporary scholars permit them based on the principle of contractual freedom. This study discloses that transparent mu'allaq murabahah contracts, implemented under sharia supervision, effectively balance classical prohibitions with modern banking needs, offering sharia-compliant and practical financing solutions. By maintaining strict contractual clarity while accommodating contemporary transaction requirements, mu'allaq emerges as a contract that is legally valid and operationally beneficial for Islamic financial institutions.
Wasiat Wajibah: Solusi Keadilan Atau Penyimpangan Hukum Waris Islam (Analisis Yurisprudensi Dan Konstruksi Maqaṣid Al-Shari’ah Di Indonesia) Nurul Husnawati; Muhammad Adam HR; Cecep Soleh Kurniawan
Serambi Madina: Journal of Islamic Studies Vol. 1 No. 2 (2026): Serambi Madina: Journal of Islamic Studies
Publisher : Sekolah Tinggi Agama Islam Negeri Mandailing Natal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56874/s87qw761

Abstract

This study aims to examine the development of wasiat wajibah (obligatory bequest) within Indonesian Islamic inheritance law, particularly its application to non-Muslim individuals who are precluded from inheriting due to religious differences, and to examine the juridical and methodological grounds underlying this development. This study employs a normative legal research method using statutory, case, conceptual, Usul al-Fiqh, and Maqāṣid al-Sharī‘ah approaches. The cases examined include Supreme Court Decisions Nos. 368 K/AG/1995, 51 K/AG/1999, 16 K/AG/2010, 218 K/AG/2016, and 331 K/AG/2018, which demonstrate the development of wasiat wajibah for non-Muslim children and spouses. The novelty of this study lies in formulating a methodological nexus between the prohibition of interfaith inheritance and the granting of wasiat wajibah by conceptually distinguishing irth/farā’iḍ (inheritance) from wasiyyah (bequest), analyzed through an integrated Usul al-Fiqh and Maqāṣid al-Sharī‘ah approach. The findings demonstrate that judicial precedents have expanded the application of Article 209 of the Compilation of Islamic Law (KHI), which textually applies to adopted children and adoptive parents, into an instrument for granting property to non-Muslim parties who do not have the legal status of heirs. Methodologically, such a grant is not construed as an inheritance right arising from an interfaith family relationship, but rather as a transfer of property through the institution of wasiyyah, and therefore does not directly negate the prohibition against interfaith inheritance. This study concludes that wasiat wajibah may serve as an instrument of substantive justice in cases of interfaith inheritance, provided that it does not alter the recipient’s status into that of an heir and that its application is constrained by a sound legal basis, proportionality in the amount granted, and defensible parameters derived from Usul al-Fiqh and Maqāṣid al-Sharī‘ah.
Co-Authors Dani Durahman Muhammad Adam HR Muhammad Hatta Nurul Husnawati Panji Adam Agus Putra