ANALISIS KRITIS TERHADAP PENGATURAN PENJAMINAN SIMPANAN MUDHARABAH DI PERBANKAN SYARIAH DALAM PERSPEKTIF FIQIH KONTEMPORER

The developing a proper Islamic banking system to protect customers' money is essential. However, on the other hand, investments with mudarabah contracts in principle are not allowed to guarantee the principal capital and fixed returns. The formulation of the problem in this study is how to arrange deposit guarantees in mudarabah contracts in Islamic banks and how fiqh views deposit guarantee arrangements in mudharabah contracts in Islamic banks. This study aims to examine the opinions of fiqh on deposit insurance arrangements in mudharabah contracts in Islamic banks. This research is normative with a statutory, comparative, and conceptual approach. Sources of data used are secondary data obtained from library materials. The data analysis technique used is prescriptive. The study results indicate that the arrangement of deposit guarantees in the mudharabah contract in Islamic banking is a "daruroh" requirement to meet the demands of prospective customers. Therefore, contemporary scholars emphasize that if the bank does not guarantee deposits, it can cause injustice to public funds and will damage its reputation. Contemporary fiqh views that Islamic banks can use the concept of tabarru, namely voluntary donations aimed at protecting public funds in Islamic banks from risk. This concept does not violate sharia principles because it seeks to protect the public interest (maslahah). However, it must be appropriately noted that tabarru cannot be mentioned in the contract because it is prohibited in the Shari'a. Regarding differences of opinion among scholars regarding the law requiring mudharib to guarantee the return of mudarabah capital, based on scientific honesty, the stronger opinion is the opinion that states the validity of the mudharib conditions to secure money. Because many rebuttals are addressed to the arguments put forward by the scholars who forbid/reject it.