Mabahits Al-Uqud
Vol 1 No 2 (2024): December

Ensuring Compliance with the Principle of Tafriq al-halal ‘an al-haram in Sharia Syndicated Financing: A Sharia Economic Law Perspective

Desi Siti Habibah Arifin (Universitas Islam Negeri Sunan Gunung Djati Bandung)
Siti Afifah (Al-Azhar University)
Muhammad Asep Saiful Millah (Yarmouk University)



Article Info

Publish Date
06 Oct 2025

Abstract

The research investigates the implementation of the principle of tafriq al-halal ‘an al-haram in Islamic syndicated financing within the framework of Islamic economic law. Employing a normative juridical method and a conceptual approach, the research examines the foundational legal and ethical considerations that guide contract selection, risk-sharing, and compliance in multi-institutional syndication schemes. The research identifies key challenges, including divergent interpretations of Sharia among syndicate members, difficulties in structuring legally valid yet Sharia-compliant documentation, and the absence of interest-based penalties in cases of default. To address these issues, the research proposes several practical solutions, such as the use of standardized Sharia governance frameworks, the role of lead arrangers in harmonizing compliance, and the integration of transparent risk-sharing mechanisms based on musyarakah or mudharabah contracts. The consistent implementation of the tafriq al-halal ‘an al-haram principle is found to be instrumental not only in ensuring Sharia compliance in complex financial structures but also in enhancing public trust and fostering the sustainable development of the Islamic financial industry.

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Journal Info

Abbrev

aluqud

Publisher

Subject

Description

Mabahits Al Uqud is a peer reviewed journal published by Postgraduate of Universitas Islam Negeri Sunan Gunung Djati Bandung Indonesia and managed by its Master Program in Sharia and Economic Law It is a distinguished scholarly journal committed to advancing the discourse on contract law and legal ...