Creating Legal Certainty in Sharia Banking Law Systems through the Embodiment of Sharia Compliance Principle

Muh. Nasikhin, . Muhaimin, L. M. Hayyanul Haq, Zainal Asikin


This work is aimed at creating legal certainty sharia compliance arrangements in sharia banking law systems. This idea is highly required to improve the credibility of the sharia-based business activities. Certainly, this study is relevant to solve some normative problems in regulating and managing of the sharia banking activities, particularly regarding sharia compliance. In detail those normative problems can be seen from the inconsistence and ambiguous norms, conflicted norms and legal vacuum in regulating sharia compliance principle. To visualize and elaborate the above issues, these works apply normative legal research, where all data are collected through intensive and extensive literature review. Those data will be analysed by philosophical, statute and conceptual approach. The core issues that will be elaborated in this work are: (i) formulating Islamic values to the some relevant sharia banking law principles; (ii) some normative problems construction of sharia compliance principles in sharia banking law systems; (iii) reconstructing of regulating sharia compliance principles to creating legal certainty. At the end, this work will offer appropriate model in coherence those normative problems in order to creating legal certainty in managing and regulating sharia banking law.

DOI: 10.5901/mjss.2017.v8n4s1p153

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This work is licensed under Creative Commons Attribution 3.0 License.

Mediterranean Journal of Social Sciences ISSN 2039-9340(Print) ISSN 2039-2117(Online)

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