Keabasahan Hak Tanggungan terhadap Perjanjian Mudharabah dalam Analisis Yuridis

Abstract

Mudharabah is one of the sharia banking products where in implementing the contract, it is mandatory to apply the principle of prudence as mandated by law. One form of implementing the precautionary principle is the application of the 5C provisions which include skeptical collateral or guarantees. This research aims to analyze the validity of guarantees for mudharabah contracts, because in principle mudharabah contracts are trust contracts that do not require collateral. The research uses normative juridical research methods to determine the concept of collateral in mudharabah according to Islamic law, especially regarding the position of mortgage rights in mudharabah contracts in terms of Islamic law and positive law. So that placing a mortgage guarantee in the Mudharabah Agreement will not affect the validity of the mudharabah contract.