PRINSIP-PRINSIP HUKUM JAMINAN DALAM PERBANKAN SYARI`AH

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