SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam
Vol. 10 No. 3 (2026): Samarah: Jurnal Hukum Keluarga dan Hukum Islam

Harmonization of Sharia Principles and Modern Guarantee Laws in Strengthening the National Islamic Banking Industry

Nasution, Emmi Rahmiwita (Unknown)
Hanifah, Ida (Unknown)
Bima, Meirad Arianza (Unknown)
Rahayu, Rika (Unknown)



Article Info

Publish Date
12 Sep 2026

Abstract

 The global expansion of the Islamic financial sector has positioned Indonesia as one of the important centers of Islamic banking. However, the development of this industry continues to face profound legal and epistemological tensions between the principles of fiqh muamalah and the positive legal framework inherited from the Dutch colonial system governing security interests and their enforcement. The main problem lies in the lack of harmonization between Sharia principles and the modern law of security interests, which affects legal certainty and creates the risk of Sharia non-compliance (Sharia Non-Compliance Risk). This study focuses on a doctrinal, conceptual, and comparative analysis of these incompatibilities, particularly the reliance on fiduciary security and mortgage rights, and aims to formulate a model for harmonizing Islamic security law in Indonesia. The research employs doctrinal, conceptual, and comparative legal approaches through an examination of legislation, DSN-MUI fatwas, Islamic legal scholarship, and literature on security law, as well as legal practices in Malaysia and the United Arab Emirates. The findings reveal normative gaps and fragmentation resulting from the reliance on conventional security instruments and Indonesia's decentralized regulatory paradigm operating through dual legal tracks. This condition also gives rise to what may be termed “regulatory theology,” namely, the use of religious norms as references without adequate methodological transformation into clear, consistent, and enforceable legal standards. As a theoretical and practical contribution, this study proposes the Maqashid-Integrated Sharia Guarantee Framework, which integrates maqashid al-shariah into the formulation and implementation of Islamic security law through the establishment of a lex specialis, the strengthening of DSN-MUI fatwas as binding positive law, the alignment of enforcement mechanisms with Sharia objectives, and the balancing of procedural efficiency with substantive justice. This framework may serve as a strategic blueprint for strengthening legal certainty, mitigating Sharia non-compliance and systemic risks, and supporting the sustainable development of Indonesia's Islamic financial industry

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Journal Info

Abbrev

samarah

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Jurnal Samarah: Jurnal Samarah adalah jurnal ilmiah berbasis Open Journal Systems (OJS) yang dikelola oleh Prodi Hukum Keluarga Fakultas Syari’ah dan Hukum Universitas Islam Negeri (UIN) Ar-Raniry Banda Aceh. Jurnal Samarah ini merupakan wadah bagi insan peneliti dan pemerhati hukum keluarga ...