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Analysis of the Role of Fatwa Institutions in Developing Alternatives to the Mudharabah Agreement in Sharia Financial Institutions Anggraeni, Sinta Thia; Muthoifin
Demak Universal Journal of Islam and Sharia Vol. 2 No. 03 (2024): Main Thema: The Dynamics of Islamic Law (Sharia) in Society – Strategies for I
Publisher : Walidem Institute and Publishing (WIP)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61455/deujis.v2i03.192

Abstract

This study aims to examine fatwas from various organizations on alternative mudharabah contracts in Islamic economics. The mudharabah contract implements a profit-sharing mechanism between capital owners (rabbul mal) and business managers (mudharib). Fatwa institutions provide change and alternatives because these contracts often face obstacles such as the possibility of moral hazards and supervision problems. The methods used are qualitative, such as document analysis, comparative studies, legal analysis, historical research, in-depth interviews, and focus groups. The researcher studied nine fatwas from various organizations, including the World Sharia Economic Council, Bank Indonesia's Sharia Committee, DSN-MUI, AAOIFI, JAKIM, MUI, Al-Azhar University, and the Muhammadiyah Tarjih Council. The test highlights the importance of regulatory compliance, innovation, openness, accountability, and flexibility in profit-sharing arrangements. Concepts such as mudharabah musytarakah, mudharabah muqayyadah, and hybrid schemes between mudharabah and other contracts such as musharakah and ijarah are proposed by these fatwas. The results of the study concluded that these fatwas provide creativity and adaptation to build fairer, more transparent, and effective corporate collaborations in line with sharia principles. They also provide insight to scholars and practitioners in making and implementing mudharabah contracts in various circumstances.
Navigating Sharia Compliance in the Digital Age: An Examination of Bank Indonesia’s Hedging Swap Regulation (PBI 24/7/2022) Anggraeni, Sinta Thia; Bukhari, Imran; Dahmayanti, Andi
Indonesian Journal of Islamic Economic Law Vol. 2 No. 1 (2025): Indonesian Journal of Islamic Economic Law
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/ijoel.v2i1.5257

Abstract

The present study aims to examine the alignment of Islamic values with the principles of efficiency and profitability, as contained in Bank Indonesia's Hedging Swap regulation, to ensure innovation in the digital financial sector. The objective of this study is to ascertain how the integration of contemporary banking law with fiqh can establish a framework that facilitates the development of Shariah compliant digital financial products that comply with financial law based on Islamic principles without compromising the capacity of banks to generate profits. This research adopted a qualitative methodology and a literature study approach, employing data processing techniques to collect and evaluate pertinent literature on digital financial products and Islamic jurisprudence. The data triangulation method was applied by sorting and extracting through a deductive approach to data interpretation specific to the research objectives. The study concluded that the al-tahawwuth al-murakkab contract successfully integrates Islamic principles, bank profits and the dynamics of the digital era. However, the approach is only relevant for commercial banks and does not fully support digital transformation in micro scale banks.
The Problem of Akad Murabahah in Sharia Banks: Between Profit-Oriented and Sharia Compliance Kurniawan, Muhamad Rowi; Abdurrahman; Anggraeni, Sinta Thia; Hasanah, Uswatun; Marwiyah
Demak Universal Journal of Islam and Sharia Vol. 2 No. 01 (2024): Main Thema: The Dynamics of Islamic Law and Sharia Economy in Protecting Right
Publisher : Walidem Institute and Publishing (WIP)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61455/deujis.v2i01.97

Abstract

This study aims to evaluate financing practices with murabahah contracts carried out by Islamic Banks in Indonesia. While this practice can generate significant profits, there are risks of adherence to sharia principles. The main issue involves the use of the wakalah contract and the existence of murabahah objects. Research shows that wakalah contracts are still made at the same time as murabahah contracts, and the existence of murabahah objects is not always ascertained by Islamic banks. In overcoming this dilemma, Islamic banks need to maintain a balance between seeking maximum profit and complying with Islamic financial principles. Strategies such as ensuring compliance with Sharia principles, product diversification, employee and customer education, building partnerships, developing technology, and maintaining transparency and accountability can be adopted. By implementing this strategy, Islamic banks are expected to achieve adequate profitability while still adhering to Sharia principles, strengthening their position in increasingly competitive financial markets.