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Journal : Madani: Multidisciplinary Scientific Journal

Akad Musyarakah dan Musyarakah Mutanaqisah (MMQ) Dliyauddin, Dliyauddin; Caya, Rosdiyana; Basse, Rahman Ambo; Sapa, Nasrullah Bin
Madani: Jurnal Ilmiah Multidisiplin Vol 3, No 6 (2025): July 2025
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.15986992

Abstract

Musyarakah and Musyarakah Mutanaqisah (MMQ) are two types of syirkah contracts widely used in Islamic financial institutions as interest-free financing alternatives. These contracts are based on the principles of partnership, risk-sharing, and profit-sharing. This paper analyzes the theoretical and practical aspects of both contracts, focusing on their structure, legal foundations, advantages, and implementation challenges in the context of Indonesia.
Bankruptcy and the Concept of Hiwalah (Debt Transfer) in Islamic Economic Law Magfirah, Khofifah; Fuziyah, Annisa; Sapa, Nasrullah Bin; H, Darmawati
Madani: Jurnal Ilmiah Multidisiplin Vol 3, No 12 (2026): January
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.18136753

Abstract

This study examines the concepts of bankruptcy (al-Ifl?s) and ?iw?lah from the perspective of Islamic economic law. Bankruptcy has become an important issue in modern economic activities when an individual or institution is unable to fulfill its financial obligations, while hiwalah is an instrument in fiqh muamalah that can serve as a solution for debt transfer. The research employs a normative-juridical approach by analyzing evidences from the Qur’an, Hadith, as well as the views of classical and contemporary scholars. The findings show that Islam regulates bankruptcy based on principles of justice and protection for weaker parties without causing injustice to creditors. Meanwhile, huwalah is a sharia-compliant instrument that can be used to lawfully transfer debt obligations under Islamic law while also reducing risk in financial transactions. The implications of this study affirm that the concepts of bankruptcy and hiwalah in Islamic law are not merely classical doctrines but have strong relevance within the modern Islamic economic legal system, including Islamic banking and financial institutions.