Obligation to Submit Collateral in Banking Law No. 10 of 1998 from the Maqashid Syariah

Kewajiban Penyerahan Jaminan dalam Undang-undang Perbankan No. 10 Tahun 1998 Perspektif Maqashid Syariah

Abstract

The purpose of this research is used to find out the implementation of maqashid Sharia in the submission of collateral according to law number 10 of 1998. That collateral is a guarantee submitted by the customer to the bank in order to provide credit or financing facilities using Sharia principles. The existence of a collateral submission is because the contract contains risk, therefore the banking law regulates Sharia lending and financing. The need for the implementation of maqashid Sharia in the submission of collateral to ensure that customers and banks are mutually committed to protecting each other's lives and property for the continuity of a contract. Efforts to implement maqashid Sharia in the submission of collateral can also be done by paying attention to risk management of Islamic lending or financing. In addition, banks and customers also pay attention to aspects of maqashid sharia such as: prohibited from stealing and sanctions for it, prohibited from cheating and betraying in business, prohibited usury, prohibited from eating other people's property in an unlawful way and obliged to replace goods that have been damaged. With this, all parties, customers and banks, feel assured of their assets and souls in the submission of collateral.