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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum
Hasintongan Sianipar, Geofanny Guruh
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Law, Crime, Criminology & Criminal Justice

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Harmonization of the Mudharabah Concept in Fiqh Muamalah with the Establishment Mechanism of Sharia Limited Liability Companies in Indonesia Syahrida, Syahrida; Zulfikri, Zulfikri; Ramadhaniah, Putri; Arifin, Arifin; Hasintongan Sianipar, Geofanny Guruh
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6670

Abstract

This article examines the harmonization between the mudharabah contract concept in fiqh muamalah and the mechanism for establishing Sharia Limited Liability Companies (LLCs) in Indonesia. The mudharabah contract, which bases business partnerships on a profit-sharing principle between the capital owner (shahibul maal) and the business manager (mudharib), is characterized by trust, fairness, and transparency. Meanwhile, a Sharia LLC is a modern legal entity governed by national statutory regulations, with a formal and structured legal framework. Using a normative-juridical approach and comparative analysis, this article explores the intersections and potential conflicts between these two systems and formulates an integrative model that allows for the substantive application of Sharia values embedded in mudharabah within the legal framework of an LLC. The findings reveal that the fundamental principles of mudharabah can be adopted in the design of institutional structures, governance, and decision-making mechanisms within a Sharia LLC, without violating positive law. These findings underscore the importance of reconstructing Islamic legal thought to be responsive to the dynamics of modern law and promote the development of Sharia business models that are legally recognized and aligned with the maqashid shariah.
Co-Authors Arifin Arifin Ramadhaniah, Putri Syahrida, Syahrida Zulfikri Zulfikri, Zulfikri