Mudarabah dalam Perspektif Hukum Ekonomi Syariah dan Implikasinya terhadap Lembaga Keuangan Syariah

Abstract

The need to study mudarabah is needed by many, especially for experts, Islamic financial institutions and practitioners of the Islamic economy. The Islamic economy describes mudarabah as a contract and financing to run Islamic financial institutions. For this reason, clear rules are needed in order to do this. One of the rules that references the Islamic economy is the Structure of Shariah Economic Law (KHES). Particularly in the provisions of mudarabah articles 244 and 245. This type of research is library research (Liberia research) using a normative juridical approach and analyzed by content analysis (content analysis). The results of this study make it clear that in SPEC capital can be mixed between capital owners and managers. In the special editorial of the Supreme Court of the Republic of Indonesia of the Directorate General of Religious Courts in 2011, the allocation of mixed mudarabah capital did not come separately in the provision of musarakah mudarabah but it still derives from the provisions of mudarabah, although applying the principle of cooperation between the two parties but can still cause many interpretations to understand it, so that its meaning is incomplete and does not conform to mudarabah in the fiqh and fatwa of DSN No. 07/DSN-MUI/IV /2000 on Mudarabah Financing (Qiradh) and its implications for Islamic financial institutions are increasingly unclear if understanding of mudarabah is different.