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May 19, 20260 citationsOpen Access

The Reconstruction of the Regulation of the Object of Murabahah Financing Contracts in Islamic Banking in Indonesia

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ZZULFAHRIMSMUHAMMAD SOODHHIRSANUDDIN

Key Points

  • This research aims to explore the regulations governing murabahah financing contracts in Islamic banking and propose necessary reforms.
  • Normative legal research with statutory, conceptual, philosophical, and comparative approaches.
  • Analysis of murabahah financing contract requirements and current implementation in Indonesian Islamic banking.
  • Evaluation of regulatory frameworks following DSN-MUI, OJK, KHES, and PPPMPS 2023.
  • The murabahah object must exist, be lawful, clearly specified, and free from riba, ensuring justice and transparency.
  • Current practices deviate from sharia principles, necessitating stronger legal ownership and a clearer pricing mechanism.
  • Recommendations include enhanced regulatory compliance, supervision, and the establishment of supportive institutions.

Abstract

Abstract The type of research in this study is normative legal research (legal research) with statutory, conceptual, philosophical, and comparative approaches. This study aims to determine the nature of the object of murabahah financing contracts in Islamic banking, to analyze the regulation and implementation of the object of murabahah financing contracts in Islamic banking in Indonesia, and to identify a reconstruction of the regulation of the object of murabahah financing contracts in Islamic banking in Indonesia. Research findings: 1). The object of a murabahah contract must exist at the time of the contract, be lawful (halal), clearly specified, capable of delivery, known to the contracting parties, and free from riba, while reflecting the principles of justice, transparency, and accountability. 2). Normatively, banks are required to own the object first through wakalah (as regulated by DSN-MUI, OJK, KHES, and PPPMPS 2023); however, in practice, implementation still deviates from sharia principles. 3). Legal reconstruction is required through strengthening juridical ownership (qabdh hukmi), simplifying proof of ownership, and reformulating a more transparent and objective pricing mechanism. Recommendations: 1). The Financial Services Authority (OJK), Sharia Supervisory Boards (DPS), and Islamic banking institutions must consistently implement PPPMPS 2023 and strengthen supervision of wakalah arrangements. 2). Regulatory harmonization is needed (POJK, KHES, PPPMPS 2023), along with strengthening the legal status of PPPMPS 2023. 3). The establishment of supporting institutions such as PWM, LPHM, and OKPS is necessary to ensure compliance and fairness in sharia financial transactions.

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Cite This Study

ZULFAHRI et al. (2026) studied this question.

synapsesocial.com/papers/6a0bfe08166b51b53d3795cchttps://doi.org/10.5281/zenodo.20249121
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