Compilation of Sharia Economic Law and Islamic Law Positivisation in Indonesia

Abstract

Muslims in Indonesia occupy the first rank in terms of quantity. Along with that, naturally it is fulfilled its needs in the field of law, both in the civil and criminal fields. In the civil sector, many laws have been born, for example; waqf laws, zakat laws, marriage laws and compilation of Islamic law, banking laws and a series of other laws including religious justice laws. This is a manifestation of the struggle of Muslims to align Islamic law in the legal system in Indonesia. These successes did not dampen the enthusiasm of Muslims to continue to fight for their rights in the form of a compilation of sharia economic law which contained the regulation of the economic dispute of Muslims. The application of this effort is the cultivation and desire of Indonesian Muslims in positioning themselves in the field of law, which is called Islamic law positivisation into national law. The struggle for compilation of Islamic law in Indonesia as a form of handling the problem of legal disputes in the civil sector, apart from the issue of waqf, zakat and marriage, banking disputes in Indonesia have reached a deadlock, should be found the right solution by formulating a law that is the legitimate basis for resolution the problem of bank disputes among the people, especially the issue of status and ownership rights of customers who are customers of Islamic banks. This problem is related to the concept of contract contained in chapter II, but if further observed the settings in book I (subject to Law and Amwal), Book III (Zakat and Grants), and Chapter IV (Shari'ah Accounting), basically concerns the problem contract. However, in several articles, for example in the capital market discussion (article 580583) it is not included in the contract but about the place where the contract is held. On the other hand, the practice of agreements that are mudhorobah has been expanded again with the existence of intermediary parties, namely banking. So as to reduce the risk of moral hazard, usually in other Shari'ah banks and institutions, debtors must include their collateral. It seems that the Codification of the Sharia Economic Law needs to be carefully regulated regarding this guarantee. If the debtor includes the guarantee while the business experiences a loss, what will the Bank or Islamic Financial Institution do with the guarantee. Bearing in mind the mudhorobah system if there is a loss due to the normal process of the business, and not due to negligence or fraudulent…