Rechtenstudent Journal
Vol. 6 No. 1 (2025): Rechtenstudent April 2025

Freedom of Contract in Sharia Banking for Non-Muslim: Sharia Banking Law Perspective

Ana Laela Fatikhatul Choiriyah (University of Moch Sroedji Jember, Indonesia)
M. Khoidin (University of Jember, Indonesia)
Candra Irawan (University of Bengkulu, Indonesia)
Yudha Bagus Tunggala Putra (KH Achmad Siddiq Jember State Islamic University, Indonesia)



Article Info

Publish Date
30 Apr 2025

Abstract

Islamic banking in Indonesia has experienced rapid growth as an alternative financial service grounded in justice, transparency, and sharia principles. Interestingly, an increasing number of non-Muslim customers are utilizing Islamic banking products due to their perceived fairness and ethical practices. This phenomenon raises important legal questions, particularly regarding the validity and legal certainty of contracts involving non-Muslim customers from the perspective of fiqh muamalah. The principle of freedom of contract in Islamic law allows for contractual agreements with anyone, as long as the content and structure do not contradict sharia principles. This study aims to examine the legal validity, certainty, and practical application of this principle for non-Muslim customers within Islamic banking. By exploring how Islamic financial institutions accommodate inclusivity without compromising core religious values, the research seeks to contribute to the development of a more inclusive and just financial system in Indonesia that respects both religious norms and pluralistic societal realities.

Copyrights © 2025






Journal Info

Abbrev

rch

Publisher

Subject

Description

Rechtenstudent Journal publishes articles on law studies from various perspectives, literature studies, and field studies. This journal emphasizes aspects of positive legal with special reference to socio-legal activities, legal politics, criminal, civil, and the doctrine of both positive law/ ...