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All Journal Al-Mizan (e-Journal) YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam Laa Maisyir Jurnal Ekonomi Islam IJTIHAD Jurnal Studi Islam Al-Mustashfa Al-Mashlahah: Jurnal Hukum Islam dan Pranata Sosial Isti`dal : Jurnal Studi Hukum Islam Jurnal Hadratul Madaniyah BILANCIA Media Syari'ah: Wahana Kajian Hukum Islam dan Pranata Sosial JOURNAL OF INDONESIAN COMPARATIVE OF SYARIAH LAW MUAMALATUNA Mizan: Journal of Islamic Law Al-Manahij : Jurnal Kajian Hukum Islam Tadayun: Jurnal Hukum Ekonomi Syariah JURIS (Jurnal Ilmiah Syariah) Yurisprudentia: Jurnal Hukum Ekonomi Mitsaqan Ghalizan Bilancia : Jurnal Studi Ilmu Syariah dan Hukum
Muhammad Syarif Hidayatullah
Universitas Islam Negeri Antasari Banjarmasin
Religion Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : Al-Manahij : Jurnal Kajian Hukum Islam

 1 
Urgensi Fatwa DSN-MUI Mengenai Manajemen Risiko Pembiayaan Berbasis Syariah Tri Hidayati; Muhammad Syarif Hidayatullah
Al-Manahij: Jurnal Kajian Hukum Islam Vol 15 No 2 (2021)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (661.936 KB) | DOI: 10.24090/mnh.v15i2.4641

Abstract

Risk management at Islamic financial institutions is still implementing bank Indonesia (BI) and Financial Services Authority (OJK) policies which previously applied the same to conventional financial institutions. The perfection of the enforcement of sharia principles in sharia financing institutions is not enough only in the aspect of transactional mechanisms, it needs to be supported by a sharia-based risk management system. The focus of this research includes the characteristics of Islamic financing, juridical aspects in the principle of prudence, and an overview of the maslahah of the urgency of sharia-based risk management. This research is normative legal research using a statutory approach and a benefits approach with a qualitative descriptive analysis. The results of the discussion show that a dynamic system also needs to be supported by juridical aspects to provide the legal force with the realization of regulatory solidity. At this regulatory level, in addition to the regulations issued by the OJK, the DSN-MUI fatwa is also very necessary and has a very urgent position. Because financing risk management is also part of the sharia economy that must maintain sharia principles, lest the application of sharia principles only exists in product technicalities, but does not apply to technical risk management. The expected sharia is the application of total sharia principles (kaffah), not partial ones.
Economic and Legal Dimensions of Collateral Existence in Modern Mudhârabah Contracts: Understanding the Relationship between Risk Management, National Law, and Contemporary Fiqh Muhammad Syarif Hidayatullah; Rahmat Fadillah
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 16 No. 2 (2022)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/mnh.v16i2.6860

Abstract

This paper examines the economic and legal dimensions of the existence and application of collateral in modern mudhârabah contracts. Through this multi-perspective study, this paper sought to see the relationship between risk management, national law, and contemporary fiqh in discussing the existence and application of the collateral. This paper was included in the library research design and specifically in legal research methodology, applying normative legal research types with a conceptual and statutory approach. Furthermore, this research found a relationship between risk management, national law, and contemporary fiqh in viewing the existence of collateral applied to modern mudhârabah contracts in Sharia banking through its financing products. Based on the perspective of risk management, its existence was a risk control for non-performing financing. Then, in the perspective of national law, it manifested the prudential principle mandated by the sharia banking law. Meanwhile, in the perspective of contemporary fiqh, it can be seen as an effort to avoid the harm that was in line with the sadd adz-dzari'ah principle. This relationship was realized by looking at the existence of collateral in modern mudhârabah contracts as a preventive instrument.   
Co-Authors Ahmad Azizi Fajrul Ilmi Najwan Fabian Parman Komarudin Rabiatul Adawiah Rahmat Fadillah Ryan Rezki Pratama Tri Hidayati Tri Hidayati Wahyudi Ibnu Yusuf