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THE URGENCY OF COLLATERAL IMPLEMENTATION IN THE MUDHARABAH FINANCE OF SHARIA BANKING IN INDONESIA

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Mudharabah financing is a transaction based on the principle of cooperation, so it does not
require collateral. But financing does not always run smoothly. Finally, Islamic banks require
collateral in mudharabah financing. Of course, it is a debate among scholars. For this reason, the
purpose of this study is to identify the basis for applying collateral to mudharabah financing, and
setting collateral binding for mudharabah financing in Islamic banking. The research objectives will
be answered by empirical normative legal research methods which analyze the norms and
provisions that apply, supported by field research in the form of interviews, and observation as
reinforcement. The identification carried out resulted in First, the ijtihad method is the basis for the
obligation to provide collateral in mudharabah financing by not overturning the original concept
with the Istihsan method, and adhering to the provisions in UUPS, PBI Number: 7/46/PBI/2005
concerning Contracts for Collection and Distribution of Funds for Banks conducting business
activities based on Sharia Principles, and DSN Fatwa Number: 07/DSNMUI/IV/2000 concerning
Mudharabah Financing (Qiradh). Second, Islamic banking has not regulated the binding of
collateral to mudharabah financing in Islamic banking, so in practice Islamic banking uses
guarantee institutions that are used by conventional banks.

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Ketersediaan

UIB00007645

Tersedia

Informasi Detail

Judul Seri

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No. Panggil

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Penerbit

sumatera barat : STIH Putri Maharaja Payakumbuh., 2023

Deskripsi Fisik

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Bahasa

Bahasa

ISBN/ISSN

2580-1678

Klasifikasi

NONE

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

Vol. 9, No. 1

Subjek

Hukum

Info Detail Spesifik

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Pernyataan Tanggungjawab

Perpustakaan Universitas Islam Batik

Versi lain/terkait

Lampiran Berkas

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