Law Research Review Quarterly
Vol. 12 No. 3 (2026): Articles in Press

Legal Consequences of Overcollateralization for MSME Customers in Islamic Financing from a Maqashid Sharia Perspective

pingky auliya (Universitas Negeri Semarang)
Baidhowi Baidhowi (Universitas Negeri Semarang)



Article Info

Publish Date
06 Mar 2026

Abstract

The development of Islamic banking financing in Indonesia plays an important role in supporting the growth of the Micro, Small, and Medium Enterprises (MSMEs) sector. However, in practice, a phenomenon known as overcollateralization often occurs, where the value of collateral required exceeds the amount of financing provided to customers. This condition raises concerns regarding the balance of legal relations between Islamic financial institutions and customers, particularly MSME actors who generally have limited assets and relatively weaker bargaining positions. This study aims to analyze the legal regulation related to the practice of overcollateralization in sharia financing in Indonesia and to examine its legal implications for MSME customers from the perspective of Maqashid Sharia. The research uses a normative legal method with statutory, conceptual, and philosophical approaches, supported by field data obtained through interviews with twelve MSME actors who have received financing from Islamic financial institutions. The findings indicate that regulations concerning collateral in sharia financing have been recognized in the Sharia Banking Law, the Civil Code, and the fatwas issued by the National Sharia Council of the Indonesian Ulema Council. However, these regulations do not specifically regulate the proportionality between the value of collateral and the amount of financing. This situation creates room for overcollateralization practices which, although not explicitly unlawful, may potentially create an imbalance of risk for MSME customers. From the perspective of Maqashid Sharia, such practices may conflict with the objective of protecting wealth (ḥifẓ al-māl). Therefore, stronger regulations and more proportional financing policies are necessary to ensure fairness, balance, and benefit for all parties.

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Journal Info

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snh

Publisher

Subject

Education Law, Crime, Criminology & Criminal Justice

Description

The Law Research Review Quarterly has a history and rich vein of legal scholarship, especially for law student, combining distinct publication on the law of Indonesia, as well as Southeast Asia, and prominence within the Faculty of Law Universitas Negeri Semarang, with leading contributions to the ...