Sita Jaminan Dalam Perspektif Maqashid Syariah

Studi Kasus Pada Lembaga Keuangan Syariah BMT Al-Yaman

Abstrak

This study aims to analyze the practice of collateral seizure in Islamic financial institutions, particularly at BMT Al-Yaman, from the perspective of maqashid sharia. The focus is directed at examining the compliance of collateral execution mechanisms with the principles of justice, public interest (maslahah), and the protection of wealth (hifz al-mal) as one of the primary objectives of sharia. This research employs a qualitative method with a case study approach. Data were collected through in-depth interviews with BMT managers, analysis of financing contract documents, and a review of regulations related to collateral execution in both positive law and Islamic law. The findings reveal that collateral seizure at BMT Al-Yaman is applied as a last resort, only after restructuring efforts and amicable negotiations fail to provide a solution. From the perspective of maqashid sharia, such practice is considered legitimate to maintain institutional stability and protect members’ funds, although challenges remain in ensuring customer protection from disproportionate losses. The study also highlights a tension between positive law regulations and sharia principles, particularly regarding execution procedures and the involvement of third parties such as debt collectors. This research contributes to the discourse on the intersection between collateral execution practices in Islamic financial institutions and maqashid sharia as an ethical framework of Islamic economics. Furthermore, it provides insights into developing a more just, maslahah-oriented, and sharia-compliant model for resolving problematic financing