ASAS : Jurnal Hukum Ekonomi Syariah
Vol. 18 No. 01 (2026): Asas, Vol. 18, No. 01 Juni 2026

Assesing Murābaḥah Compliance After Regulatory Reform a Normative Study in Indonesia Sharia Banking

Prayitno, Farrel Izham (Unknown)
Rabbani, Andi Muh Shafwan (Unknown)
Mufiz, Muhammad Alif (Unknown)



Article Info

Publish Date
15 Jun 2026

Abstract

Murābaḥah contracts constitute the most widely used financing instrument in Indonesian sharia banking; however, concerns persist regarding the substantive alignment between contractual practices, DSN-MUI fatwas, and regulatory standards. Although POJK No. 12/POJK.03/2021 was enacted to strengthen sharia governance, systematic post-regulatory assessments of murābaḥah implementation remain limited. This study examines the extent and patterns of disparities in the implementation of DSN-MUI fatwas on murābaḥah contracts in Indonesian sharia banking practices after the enactment of the regulation. The research employs a normative simulation-based approach using secondary data, including DSN–MUI fatwas, Financial Services Authority regulations, and standardized murābaḥah contract documents issued during the 2021-2024 period. A structured normative compliance model was applied to assess four key parameters: ownership transfer, contractual structure, profit margin determination, and risk allocation. The findings show that while formal compliance with regulatory and fatwa provisions has improved in the post-2021 period, substantive sharia compliance remains uneven. Most murābaḥah contracts demonstrate partial compliance, particularly due to deficiencies in ownership transfer and risk-bearing mechanisms, whereas profit margin determination shows relatively higher conformity. These results indicate that murābaḥah is frequently implemented as a financing mechanism rather than as a genuine sale-based contract in accordance with Islamic commercial jurisprudence. Overall, the findings demonstrate that regulatory reform alone is insufficient to ensure substantive sharia compliance without sustained institutional commitment.

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Journal Info

Abbrev

asas

Publisher

Subject

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

Description

Asas (ISSN 1979-1488 E-ISSN:2722-8681) is a biannual journal (June and December), published by Faculty of Sharia, State Islamic University of Raden Intan Lampung, INDONESIA. Asas emphasizes Scientific Journal of Syari’ah Economic Law studies and communicates researches related to Syari’ah ...