Pendas : Jurnah Ilmiah Pendidikan Dasar
Vol. 11 No. 01 (2026): Volume 11 No. 01 Maret 2026

ANALISIS KOMPARATIF REGULASI DAN FATWA DALAM SCREENING SAHAM SYARIAH: STUDI INVESTASI ISLAMI ANTARA INDONESIA DAN MALAYSIA

Syamsul Wathoni (Unknown)
Hafisuddin Aritonang (Unknown)
Zulhaji Ismail (Unknown)
Khaerul Muttaqin (Unknown)



Article Info

Publish Date
09 Jan 2026

Abstract

This research aims to comparatively analyze the relationship between religious fatwas and state regulations in the Sharia stock screening system in Indonesia and Malaysia. Using a qualitative approach and juridical-normative method, this research is supported by three theoretical frameworks: legal pluralism, normative authority, and comparative law. The results show that Indonesia applies a dualistic model where the DSN-MUI fatwa serves as a moral reference, which is then partially accommodated by OJK regulations. In contrast, Malaysia adopts an integrative approach through the SAC-SC, which functions as an official state institution with legally binding authority. Significant differences are also found in the financial indicators, where Malaysia sets stricter debt and non-halal income ratio limits consistent with international standards such as AAOIFI. These findings reflect the different epistemological and institutional approaches to internalizing Shariah principles into the capital market system. This research contributes to the study of Islamic economic law by offering a new understanding of the ideal form of relationship between regulation and fatwa in supporting the integrity and legitimacy of Islamic capital markets.

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pendas

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Pendas : Jurnah Ilmiah Pendidikan Dasar is a journal published twice a year, namely in June and December that aims to be a forum for scientific publications to pour ideas and studies complemented with the results of research related to primary school education. To achieve this, basic education ...