Al Hurriyah : Jurnal Hukum Islam
Vol 10 No 2 (2025): December 2025

Disharmony of Regulation in the Social Function of Islamic Banking in Indonesia

Pratami, Aisyah Kansa (Unknown)
Tajrid, Amir (Unknown)
Rifqi, Lathif Hanafir (Unknown)



Article Info

Publish Date
14 Dec 2025

Abstract

Islamic banking regulations in Indonesia have so far displayed a paradox between positive legal legitimacy and the ideals of sharia maqashid. This study examines the disharmony between positive regulation of Islamic banking and the principle of sharia maqashid in the implementation of the social function of Islamic banks in Indonesia. This study is motivated by the phenomenon of policy orientation that emphasizes administrative compliance and financial stability, while the aspects of equity and distributive justice receive less normative space. Using a historical-juridical approach and normative-interpretive analysis, this study examines the synchronization between Law No. 21 of 2008, OJK regulations, and Bank Indonesia's policies with sharia maqashid values. The results of the study show that the existing regulatory framework is not fully maqashid-compatible because it is still technocratically oriented and has not measured the social impact substantively. This study recommends the reconstruction of social function regulations based on the principles of maqashid compliance, the integration of social justice indicators into supervision instruments, and the strengthening of maqashid literacy as the foundation for the renewal of national sharia economic law.

Copyrights © 2025






Journal Info

Abbrev

alhurriyah

Publisher

Subject

Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Al Hurriyah: Jurnal Hukum Islam is a journal which publishes the research results related to the Islamic law from various disciplines or interdisciplinary such as Sharia Economy Law or Islamic Economy Law/Muamalah, Islamic Constitutional Law/Siyasah, Islamic Family law/Ahwal Al-Shakhsiyah, Islamic ...