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Mabahits Al-Uqud
Published by Universitas Islam Negeri Sunan Gunung Djati Bandung
ISSN : 30902371     EISSN : 30892112     DOI : https://doi.org/10.15575/mau.v2i2.2246
Core Subject :
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 principles within Islamic jurisprudence Specializing in the comprehensive exploration of diverse contract forms uqud under Islamic law the journal delves into both commercial tijari and non commercial tabarruat agreements Mabahits Al Uqud serves as a vital platform for researchers and academics to contribute to the evolving understanding and application of contract law in contemporary contexts
Arjuna Subject : -
Articles 20 Documents
 1   2 
Sharia Compliance in Implementing Qardh Using Customer Funds: Analysis of DSN Fatwa No. 79/DSN-MUI/III/2011 with Comparison of AAOIFI Standards Amalia Muazzah Adawiah; Rifdah Nabilatuzain; Insan Nadhif Ramadhan
Mabahits Al-Uqud Vol 2 No 1 (2025): June
Publisher : Postgraduate of Univeritas Islam Negeri Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/mau.v2i1.1402

Abstract

This study examines Sharia compliance in the implementation of Qardh using customer funds in Islamic financial institutions, focusing on the provisions of Fatwa DSN No. 79/DSN-MUI/III/2011 and its comparison with the international AAOIFI standards. The research employed a literature review method with document analysis of regulations, fatwas, and official reports of financial institutions. Source selection covered publications and regulations from 2011 to 2024, accessed through national and international databases, with thematic relevance and source authority as the main criteria. The findings reveal that the implementation of Qardh, as practiced by Bank Syariah Indonesia through a gold-collateralized Qardh scheme, formally complies with the fatwa and AAOIFI standards. However, several compliance risks were identified, including indirect benefits from the use of collateral, potential hidden riba in non-transparent administrative fees, and limited access due to rigid Financing-to-Value (FTV) policies. This study recommends concrete measures such as blockchain-based fund tracking, digital Sharia audits, standardized administrative fees, flexible FTV for vulnerable customers, and open public reporting. These findings are expected to strengthen Qardh’s role as a fair, transparent, and socially oriented Islamic financial instrument.
Islamic Fintech as a Solution for the Development of Parallel Ijarah in Islamic Financial Institutions Ulafa Fatma; Salwa Prameswari
Mabahits Al-Uqud Vol 2 No 1 (2025): June
Publisher : Postgraduate of Univeritas Islam Negeri Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/mau.v2i1.1448

Abstract

The digital world is increasingly vibrant in fostering business development and driving innovation across various sectors, including Islamic finance. Exploring the implementation of parallel ijarah contracts within Islamic Financial Institutions (IFIs) requires innovation to enhance financing surpluses in these institutions. Parallel ijarah is a leasing contract in which the leased object is re-leased. Essentially, ijarah is a contract that involves renting an asset such as vehicles, buildings, or even large machinery required for business purposes.Islamic fintech has emerged to offer digital-based financial services that can support business growth. This article employs qualitative research using a descriptive-analytical method. The discussion includes an explanation of the parallel ijarah scheme and its implementation within Islamic Financial Institutions. References are drawn from journals, books, fatwas issued by the National Sharia Council of the Indonesian Ulema Council (DSN-MUI), the Indonesian Civil Code (KUHPerdata), and the Compilation of Sharia Economic Law (KHES). Innovations in the parallel ijarah contract reveal potential through the use of Islamic fintech, applying technology to facilitate financing and relevant transactions. Development can be pursued by integrating Islamic fintech through platforms such as blockchain-based smart contracts and Peer-to-Peer (P2P) Lending systems, which can enhance efficiency, accountability, and monitoring of leased objects. This, in turn, minimizes risks and promotes wider adoption of the parallel ijarah contract.The presence of digital platforms also enables tracking of leased assets, ensuring that IFIs maintain the integrity of these assets, especially when the leased property is not owned by the institution itself. Concerns arise when such assets may be sold, damaged, or lost. The parallel ijarah contract serves as an innovative solution for Islamic financial institutions, offering lease-based financing without transferring asset ownership. This provides maximum benefit to clients with dynamic business needs, while also optimizing the strategic use of the parallel ijarah contract to enhance the competitiveness of IFIs and support the growth of the Islamic economy.
The Issues of Contract in Islamic Stock Transactions on the Indonesia Stock Exchange: A Critical Analysis Based on Maqāṣid al-Sharī‘ah Hilmi Hadad Alwi; Anton Athoilah
Mabahits Al-Uqud Vol 2 No 1 (2025): June
Publisher : Postgraduate of Univeritas Islam Negeri Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/mau.v2i1.1643

Abstract

This study analyzes the issues of contracts in Islamic stock transactions on the Indonesia Stock Exchange (IDX) through a critical analysis based on Maqāṣid al-Sharī‘ah. Islamic stocks, developed to meet the investment needs of Muslim investors, often adopt conventional capital market mechanisms without a deep reconstruction of the fundamental contracts (uqūd). The research identifies issues such as unclear contract structures, ambiguous ownership status, and the potential presence of gharar (excessive uncertainty), maysir (speculation), and ribā (interest) in secondary market transactions. Using a qualitative descriptive-analytical method, this study analyzes fatwas, regulations, and relevant literature in Islamic jurisprudence, as well as Islamic legal objectives. The findings indicate that most sharia-compliant stock transactions do not fully reflect the values of Maqāṣid al-Sharī‘ah, particularly in protecting wealth (ḥifẓ al-māl), ensuring justice, and promoting true public interest (maṣlaḥah). Therefore, a paradigm shift is needed through the reconstruction of contracts based on Maqāṣid, such as proposing a hybrid model that combines musyārakah (partnership) and istikhlāf (trustee). In addition, improving financial literacy and understanding of Islamic contract principles among Muslim investors is crucial to establishing a capital market system that is not only legally compliant but also substantively fair and beneficial.
Hybrid Model of Cash Waqf and Qard hasan for Education Financing: A Sharia Economic Law Perspective Adi Susandi; Nadya Zahra Virliana
Mabahits Al-Uqud Vol 2 No 1 (2025): June
Publisher : Postgraduate of Univeritas Islam Negeri Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/mau.v2i1.2136

Abstract

This qualitative case study examines the hybrid model of cash waqf and qard hasan implemented by BMT ITQAN Bandung for education financing from the perspective of Sharia economic law. Data was collected through in-depth interviews, document analysis, and observation to explore the model's legal architecture, operational mechanisms, and perceived impacts. The analysis suggests that the model presents a legally viable structure, supported by the Indonesian Waqf Law, relevant DSN-MUI fatwas, and the Compilation of Sharia Economic Law (KHES), though it navigates complexities in regulatory harmonization and the permissibility of a revolving waqf fund. Preliminary findings indicate that the integration creates a sustainable, interest-free financing mechanism that appears to enhance access to education for low-income communities while preserving the principal waqf capital. The study also identifies potential socio-economic benefits, including increased educational attainment and strengthened financial inclusion, alongside significant challenges related to fund sustainability, public awareness, and the dual role of BMTs as commercial nazhir. This research contributes to the academic discourse on Islamic social finance by providing a critical, evidence-based case study on the contractual and governance intricacies of integrating waqf with microfinance. It offers practical insights for Islamic microfinance institutions seeking to replicate such models and highlights areas for future research, including longitudinal impact studies and comparative policy analysis.
Management of Funds Not to Be Recognized as Income (TBDSP) in Islamic Financial Institutions, Businesses, and the Economy Based on Fatwa DSN-MUI Maulani Salsabila; Jajang Saepul Hamzah
Mabahits Al-Uqud Vol 2 No 1 (2025): June
Publisher : Postgraduate of Univeritas Islam Negeri Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/mau.v2i1.2245

Abstract

The operational practices of Islamic Financial Institutions, Islamic Business Institutions, and Islamic Economic Institutions in Indonesia still face challenges due to the dominance of conventional systems, regulatory limitations, and the low level of public understanding of sharia principles. This situation is often unavoidable, which can potentially lead to funds that should not be recognized as income (TBDSP). Therefore, managing TBDSP funds becomes an important issue in maintaining the integrity and trust in the Islamic institution system. This study aims to analyze the provisions and mechanisms for managing TBDSP based on DSN-MUI Fatwa No.123/DSN-MUI/XI/2018. The method used is a literature review by examining the DSN-MUI, related regulations, and relevant academic literature regarding the management of non-halal funds in Islamic institutions. The analysis is conducted descriptively-qualitatively to describe the management, including the urgency of regulation, objectives, and limitations of TBDSP within the framework of Islamic economic law. The results show that TBDSP can originate from usury (riba), defective contracts, late penalties, and funds with unclear ownership. Its management must be separated into a special account and channeled for social interests and the welfare of the community. This fatwa DSN-MUI emphasizes the prohibition of using TBDSP for internal institutional purposes, such as promotion or employee training. Thus, fatwa DSN-MUI No.123/2018 plays an important role in strengthening transparency, accountability, and consistency in Islamic financial practices in Indonesia.
Harmonization of Fines (Taʿzir), Compensation (Ta’wiḍh) and the Financial Information Service System (SLIK) in Sharia Financial Institutions as Cumulative Sanctions for Defaulting Debtors: Analysis of DSN-MUI Fatwa and POJK Nur Irmandi; Abdal; Syamsurijal; Ratna Istianah
Mabahits Al-Uqud Vol 2 No 2 (2025): December
Publisher : Postgraduate of Univeritas Islam Negeri Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/mau.v2i2.2246

Abstract

This study analyzes penalties (ta’zir) and compensation (ta’wiḍh) in Islamic financial institutions, as well as the role of the Financial Information Service System (SLIK) as a form of cumulative sanctions for defaulting debtors. This study focuses on a crucial research gap: the lack of a harmonized framework between sharia sanctions (DSN-MUI) and reputation sanctions (OJK), which has the potential to cause injustice due to cumulative sanctions for debtors. Focusing on DSN-MUI Fatwas No. 17/2000, No. 43/2004, No. 129/2019, and OJK Regulation No. 18/POJK.03/2017, this study uses a normative juridical method. This study finds that the DSN-MUI fatwas affirm the principle of proportionality by limiting ta’wiḍh to real costs and establishing ta’zir as a disciplinary instrument. However, their implementation in the field shows variation. Integration with reputation sanctions through SLIK, while strengthening oversight, creates a dual sanctions regime that raises issues of fairness. As an original contribution, this article proposes a “tiered sanction model” as a new solution for harmonization. This study concludes that the current dualistic system, without harmonization, systematically disadvantages debtors and requires an immediate regulatory review.
Designing a Shariah Financing Scheme for the Development of Canary Farming: A Conceptual Study of the Murabahah and Ijarah Contract Akbar Muhamad Ashoni; Khansa Mujahidatunnisa Sukmana
Mabahits Al-Uqud Vol 2 No 2 (2025): December
Publisher : Postgraduate of Univeritas Islam Negeri Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/mau.v2i2.2278

Abstract

Canary farming has emerged as a promising micro-enterprise sector due to its economic potential and cultural value. However, the development of this business often faces obstacles related to limited access to financing that complies with Sharia principles. This conceptual paper aims to design an integrated Shariah-compliant financing model for canary farming, focusing on the application of Murabahah and Ijarah contracts. The study adopts a qualitative conceptual approach through an in-depth review and synthesis of relevant literature on Fiqh Muamalat and Islamic finance. The proposed model integrates Murabahah for asset procurement, Ijarah for facility access, Wakalah for transaction facilitation, and Rahn for collateral management, forming a comprehensive financing framework tailored to the needs of small-scale canary farmers. This model emphasizes fairness, transparency, and sustainability while promoting financial inclusion through Sharia-based cooperative mechanisms. As a conceptual framework, the proposed scheme provides theoretical insights into how Islamic financial institutions can support the livestock sector through non-interest-based financing mechanisms. Future research should empirically test this model through field implementation to evaluate its practical effectiveness and identify operational challenges in real-world contexts.
Salam Crowdfunding Innovation as an Alternative to Sharia-Based Agricultural Financing in the Digital Era Nailus Sa'adah; Rafif Hawari; Amani Mardhatila
Mabahits Al-Uqud Vol 2 No 2 (2025): December
Publisher : Postgraduate of Univeritas Islam Negeri Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/mau.v2i2.2287

Abstract

The development of Islamic financial technology opens up new opportunities to strengthen financing in the agricultural sector, especially through the use of salam contracts that are classically used as pre-harvest instruments. This article analyzes how the DSN-MUI fatwa and the Financial Services Authority (OJK) regulations shape the legality framework and operational structure of greeting based crowdfunding in the digital ecosystem. This research uses a literature study approach with an analysis of the doctrine of fiqh provisions, Fatwa No. 05/DSN-MUI/IV/2000 and Fatwa No. 117/DSN-MUI/II/2018, as well as OJK regulations related to financial technology services and sharia escrow. The results show that the legality of this model relies heavily on the harmonization between classic greeting principles such as full upfront payment obligations, certainty of commodity specifications, and scheduled deliveries with a digital architecture that requires the use of escrow, e-contracts, and data protection mechanisms. In addition, the effectiveness of the salam crowdfunding model is greatly influenced by the design of risk mitigation through takaful, escrow, and third party guarantee options that do not conflict with sharia principles. This study concludes that greetings crowdfunding can be a legitimate, efficient, and sustainable agricultural financing instrument if legal structures, operational flows, and risk mitigation schemes are designed in accordance with the provisions of fiqh and national regulations.
Transforming Qardh from a Cost Center to an Investment Enabler: A Tiered Financing Model Based on Wa’ad Mulzim Adi Rosadi; Ramdani Wahyu Sururie
Mabahits Al-Uqud Vol 2 No 2 (2025): December
Publisher : Postgraduate of Univeritas Islam Negeri Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/mau.v2i2.2289

Abstract

Qardh  financing in Islamic financial institutions in Indonesia faces a dilemma between its social function and the need for financial sustainability. The absence of a mechanism that allows institutions to obtain commercial certainty causes Qardh  to remain a cost center that is not developed institutionally. The study offers a Tiered Financing model that expressly separates the two layers of Qardh  financing as a social portfolio and Mudharabah as a commercial portfolio through contractual and temporal separation. The two are connected by Waʿad Mulzim, which serves as an instrument of bilateral commitment to reduce the risk of customer leakage while maintaining compliance with the prohibition of ta’alluq al-’uqud. A conceptual analysis of the structure of contracts, sharia standards, and regulatory implications shows that this tiered architecture provides a framework that can bridge the social and commercial goals of the institution in a balanced manner. This model also offers a theoretical contribution in the form of the integration of risk-governance mechanisms in the tabarru’ contract to improve institutional sustainability. The findings of this study suggest that Tiered Financing is a viable alternative to strengthen Qardh 's role in modern Islamic finance, while remaining within the corridor of core sharia principles.
Innovation of Hiwalah al-Haq, Wakalah, and Ijarah Hybrid Contracts at BPRS: Alternative Receivables Collection Services Based on Sharia Ethics Syukron Suwardi; Agung
Mabahits Al-Uqud Vol 2 No 2 (2025): December
Publisher : Postgraduate of Univeritas Islam Negeri Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/mau.v2i2.2295

Abstract

Communities, especially micro businesses, are often faced with difficulties in liquidating bad receivables, which ultimately triggers a personal liquidity crisis. Conventional solutions in the form of using debt collector services often violate sharia ethics and moral principles. This research aims to formulate a conceptual model of innovative products in Sharia People's Financing Banks (BPRS) as an alternative to ethical and sharia-compliant receivables collection services. The methods used are conceptual studies and synthesis of Fiqh Muamalah on the Hiwalah al-Haq, Wakalah bi al-Ujrah, and Ijarah contracts. The results of this study propose a hybrid “Hiwalah Billing Services” model. In this model, BPRS acts as a Muhal ‘Alaih who receives the transfer of the right to claim receivables (Hiwalah al-Haq), as well as as a representative who is authorized to carry out collections professionally and persuasively (Wakalah bi al-Ujrah). BPRS obtains service rewards (ujrah) through an Ijarah contract that is fixed nominally at the beginning, ensuring sharia compliance and avoiding percentage-based practices that are prone to gharar. This model utilizes the capabilities of BPRS in dealing with defaults through a deliberation and restructuring approach, so as to comprehensively realize the noble goals of sharia (Maqasid al-Shari’ah) in the form of property protection (Hifdz al-Mal) and life protection (Hifdz al-Nafs).

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