Ahad: Multidisciplinary Journal of Islamic Studies
Vol. 2 No. 2 (2026): Ahad: Multidisciplinary Journal of Islamic Studies

Perbankan Syariah dalam Perspektif Hukum Perdata dan Pidana Serta Perbandingan Sistem Perbankan Syariah Global

Renaldi Ikhsan (Pascasarjana Universitas Islam Negeri Sultan Syarif Kasim Riau)
Muhammad Fadhil (Pascasarjana Universitas Islam Negeri Sultan Syarif Kasim Riau)
Nurnasrina (Pascasarjana Universitas Islam Negeri Sultan Syarif Kasim Riau)



Article Info

Publish Date
17 Jun 2026

Abstract

Islamic banking is a financial system based on Islamic principles, including the prohibition of riba (interest), gharar (uncertainty), and maysir (gambling), while emphasizing justice and public welfare in economic activities. This study aims to analyze Islamic banking from the perspectives of civil law and criminal law in Indonesia, as well as to compare the implementation of Islamic banking systems at the global level. The research employs a normative juridical method using a statutory, conceptual, and comparative approach, supported by an analysis of relevant laws, regulations, legal doctrines, and scholarly literature. The results indicate that, from a civil law perspective, the legal relationship between Islamic banks and customers is based on sharia contracts (akad) that function as binding agreements under general contract law, with specific characteristics derived from sharia principles. From a criminal law perspective, Islamic banking institutions remain subject to general and special criminal provisions, particularly in cases involving banking crimes, fraud, and money laundering, without exemption due to their sharia-based nature. Furthermore, the global comparison shows significant variations in Islamic banking systems, where some countries fully adopt Islamic banking, while others apply a dual banking system or integrate Islamic banking within conventional financial frameworks. These differences are influenced by national legal systems, regulatory policies, and institutional support. This study concludes that Islamic banking represents not only a religious-based economic system but also a complex legal entity that interacts closely with civil law, criminal law, and global legal dynamics.

Copyrights © 2026






Journal Info

Abbrev

ahad

Publisher

Subject

Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences Other

Description

Fokus and Scope Ahad: Multidisciplinary Journal of Islamic Studies is a scientific journal published by Mutiara Hati Moeslem Fondation, dedicated to disseminating research articles, conceptual papers, and literature reviews in the field of Islamic studies through a multidisciplinary approach. This ...