Article Per Year (5 Year)
p-Index From 2020 - 2025
0.23
P-Index
This Author published in this journals
All Journal JISEF : Journal Of International Sharia Economics And Financial
Cahyani, Dian Dwi
Unknown Affiliation
Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Environmental Science Industrial & Manufacturing Engineering Social Sciences

Published : 1 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 1 Documents
Search

 1 
TANGGUNG JAWAB MUDHARIB TERHADAP KERUGIAN DALAM MUDHARABAH PERSEFEKTIF FIQH MUAMALAH Wahyu Alilia , Valentina; Cahyani, Dian Dwi; Ananda Santosa, Salsabila Fitri; Arifah, Mufaida Shofia; Waluyo
JISEF : Journal Of International Sharia Economics And Financial Vol 4 No 01 (2025): JISEF : Journal Of International Sharia  Economics and Financial
Publisher : Pusat Studi Ekonomi, Publikasi Ilmiah dan Pengembangan SDM

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62668/jisef.v4i01.1535

Abstract

This research discusses the concept of mudharib (fund manager) responsibility for losses in mudharabah contracts from the perspective of muamalah fiqh and its implementation in contemporary Islamic banking practices. This research uses a qualitative method with a literature study approach. The results show that in principle, mudharib is not responsible for losses as long as the losses are not the result of negligence, breach of contract, or betrayal of trust. However, if there is an act of ta'addi (abuse of authority), taqsir (negligence), or mukhalafah ash-syarth (violation of the contract), then the mudharib is obliged to bear the losses incurred. The views of scholars from the four schools of fiqh agree on this principle, although there are variations in the aspects of proof. In modern Islamic banking practice, there are developments in the form of applying guarantees and strict supervision as a risk mitigation effort. This concept must still be carried out in accordance with the principles of sharia and maqashid sharia in order to maintain justice, trust, and protection of property.
Co-Authors Ananda Santosa, Salsabila Fitri Arifah, Mufaida Shofia Wahyu Alilia , Valentina Waluyo