Volume -14 | Issue -5
Volume -14 | Issue -5
Volume -14 | Issue -5
Volume -14 | Issue -5
Volume -14 | Issue -5
In Mudharabah financing contracts that occur in Indonesia, the customer is asked for a guarantee for the return of capital by signing a statement of obligation to return capital by the customer to the owner of the capital. This is contrary to the principle of the mudharabah contract, which is a cooperation agreement between the two parties, not a debt contract. This study aims to find and build the legal construction of sharia guarantees in Mudharabah financing contracts in Indonesia. This research uses the empirical juridical method. The results of this study indicate that the legal construction of sharia guarantees for mudharabah financing in the future is to include SKMHT into the legal substance and legal structure as regulated in Article 2 of the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Number 22 of 2017.