Qisth: Jurnal Studi dan Penelitian Hukum Islam
Vol. 2 No. 2 (2025)

Problematika Hukum atas Kelembagaan danĀ  Operasional Bank syariah

Nurul Iman (Universitas Islam Negeri Madura)



Article Info

Publish Date
15 Jul 2025

Abstract

Islamic banking emerges as an alternative financial system based on Islamic Sharia principles, such as the prohibition of usury (riba), uncertainty (gharar), and gambling (maysir), while upholding justice and partnership. However, in practice, the institutional framework and operational implementation of Islamic banks face various legal issues, both normatively and practically. This study aims to explore the legal problems surrounding the institutional structure and operational practices of Islamic banks in Indonesia. Using a qualitative library research method and a normative legal approach, the study finds several challenges, including regulatory dualism, disharmony between DSN-MUI fatwas and regulations by the Financial Services Authority (OJK) or Bank Indonesia (BI), and inconsistencies in the application of Sharia contracts in banking operations. These problems may undermine the credibility of Islamic banks and create public skepticism regarding their Sharia compliance. Therefore, legal harmonization and institutional governance reform are essential to ensure that Islamic banks operate in full accordance with Sharia values.

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Journal Info

Abbrev

qisth

Publisher

Subject

Religion Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

Description

Qisth: Jurnal Studi dan Penelitian Hukum Islam is a peer-reviewed academic journal that focuses on the exploration of contemporary issues in Islamic legal studies. The journal adopts both qualitative and quantitative research methodologies and covers a wide range of topics within social, religious, ...