Abstract
In Mudharabah financing contracts that occur in Indonesia, the customer is asked for a guarantee for the return of capital by signing a statement of obligation to return capital by the customer to the owner of the capital. This is contrary to the principle of the mudharabah contract, which is a cooperation agreement between the two parties, not a debt contract. This study aims to find and build the legal construction of sharia guarantees in Mudharabah financing contracts in Indonesia. This research uses the empirical juridical method. The results of this study indicate that the legal construction of sharia guarantees for mudharabah financing in the future is to include SKMHT into the legal substance and legal structure as regulated in Article 2 of the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National LandAgency Number 22 of 2017. Legally, the Sharia Supervisory Board prohibits placing mortgages in Mudharabah financing contracts. Culturally, it is customary law that the banking community uses credit rules in conventional banks.
| Original language | English |
|---|---|
| Pages (from-to) | 3314-3324 |
| Number of pages | 11 |
| Journal | Res Militaris |
| Volume | 12 |
| Issue number | 2 |
| Publication status | Published - 1 Jun 2022 |
| Externally published | Yes |
Keywords
- Mudharabah
- Mudharabah Financing Contract
- Sharia Guarantee