Ahkam: Jurnal Ilmu Syariah
Vol 18, No 2 (2018)

The Positivisation of National Sharia Board Fatwa About Mudaraba Into Financial Service Authority Regulation

Nur Hasanah (Faculty of Sharia and Law, UIN Syarif Hidayatullah Jakarta)

Article Info

Publish Date
12 Jul 2018

Abstract

The positivisation of National Sharia Board (DSN) fatwa about mudaraba into Financial Service Authority (OJK) regulation is an effort which conducted by OJK in running it’s regulating such as arranged in the Law Number 21 of 2011 regarding OJK. With this positivisation, DSN fatwa has legal and binding power because getting inside regulation such as arranged in the Law Number 12 of 2011 regarding the Establishment of Legislation (P3). However, there are gap and the difference content between the provisions in DSN fatwa above with OJK regulation by dint of positivisation pattern. Moreover, although there is DSN fatwa content which has not been asorbed in to OJK regulation, but it still has legal and binding power in shari’a financial industry in case reviewed from the perspective of H.L.A Hart’s legal theory.

Copyrights © 2018




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Journal Info
Ahkam: Jurnal Ilmu Syariah
Website

Abbrev

ahkam

Publisher

Universitas Islam Negeri Syarif Hidayatullah Jakarta

Subject

Religion Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Focus and Scope FOCUS This journal focused on Islamic Studies and present developments through the publication of articles and research reports. SCOPE Ahkam specializes on islamic law, and is intended to communicate original research and current issues on the subject. This journal warmly welcomes ...