| dc.description.abstract | One role which is organized in Act (UU) number 21 year 2008 about
Syari’ah banking is lex specialist Syari`ah Banking Management which contain
the use of assurance in financing distribution of Syari`ah Banking. The
implementation of assurance (warrant) in some financing agreement (mudarabah
and musyarakah) if it is related with Islam Fiqh will be assumed inconsistency
with the amanah agreement principles. So, the use of assurance in this agreement
is invalid (ghairu shahih). But, the implementation to actualize belief principle in
Islam Fiqh, Syari`ah Banking find some difficulties, when the fund administrator
mishandle the faith (amanah) which is given to him, so, Syari`ah Banking and
investor client will get disadvatages. Because of that, the use of assurance in the
implementation of modern Syari’ah banking needs a research wether from the
Islam fiqh observation or positive law in Indonesia, so from it will be found
assurance law construction that can be implemented in the practical of modern
Syari’ah banking to guarantee the truly syari’ah and the certainty of law | en_US |
