IMPLEMENTATION OF SHARIA MAQASHID RULES IN STATE-OWNED BUSINESS ENTITY SHARIA BANK MERGERS

Abstract

The merger of Islamic banks is a solution to overcome the high operational costs and capital expenditures that are often experienced by Islamic banking, besides that it is also aimed at increasing the competitiveness of Islamic banking in the national financial industry. The formulation of the problem in this study is whether the merger of SOE Sharia Banks has implemented the Maqhasid Syariah rules and what are the legal consequences of not applying the Islamic Maqashid rules in merging SOE Sharia Banks according to Islamic law? This research is normative legal research, using a legal approach and a conceptual approach. Techniques and secondary data collection in the form of secondary legal materials was carried out using library research. The data analysis technique was carried out in a qualitative descriptive manner. The State-Owned Sharia Bank Mega has implemented the Maqhasid Syariah method because it aims for the good or benefit of mankind. The legal consequence of not applying the Maqashid Sharia rules in merging BUMN Sharia Banks is contrary to Islamic law and Sharia Principles.