Keabsahan Akad Perbankan Syariah Dengan Pengikatan Jaminan Hak Tanggungan

This research examines the problems of guaranteeing Mortgage Rights in Islamic Financing. type is normative legal research, examined using a statutory approach, conceptually analyzed qualitatively. The results analysis carried out conclude that validity Banking Contract with Binding Guarantees based on Surah Al-Baqarah verse 283 shows material guarantees are permitted. Whereas legally stated Fatwa Indonesian National Sharia Council number 25/DSN/MUI/III/2002 al-Rahn which provides an explanation regarding ijma' scholars al-rahn contracts or debt broadly permissible. use banking prioritizes application ijtihad method but does not intend to override original law more principle istihsan method. virtue realize benefit and avoid dangers. has executive power, this power equated court decision known as parate execution, what makes often used. When viewed further, imposition mortgage rights basically should be conventional banking, both have different principles. If installation guarantee mudharib trust, then declared valid. consequence event default it immediately auctioned off, other words execution necessarily out. Then if used guarantor for return capital shahibul maal becomes invalid null void by law. These two aspets can determine sharia contract binding guarantee.