Penerapan Prinsip Larangan Riba Dalam Sistem Operasional Perbankan Syariah: Kajian Hukum Islam Dan Hukum Positif

Implementation of the Principle of Prohibition of Usury in the Operational System of Islamic Banking: A Study of Islamic Law and Positive Law

Abstract

The prohibition of riba (usury) in Islam and the interest-based system in conventional banking constitute the fundamental basis for the emergence of Islamic banking in Indonesia. However, despite its establishment, the existence of Islamic banks still faces significant challenges, particularly due to their relatively small market share compared to conventional banks. One of the main factors contributing to this condition is the low level of public financial literacy regarding Islamic banking. This study aims to examine the concept of the prohibition of riba based on Islamic law and positive law, as well as its implementation. The research employs a normative legal or library research approach. The principle of riba prohibition in Islamic law is clearly emphasized in the Qur’an as a reference for Muslims, stating that riba is an act forbidden in Islam. Riba is not only regarded as an unethical economic transaction but also as an act that has severe moral and spiritual consequences for both individuals and society. In positive law, the prohibition of riba is affirmed through Law No. 21 of 2008 on Islamic Banking, which stipulates that Islamic banking operations must be conducted in accordance with Sharia principles. Furthermore, institutions such as the National Sharia Council (Dewan Syariah Nasional) and the Indonesian Ulema Council (Majelis Ulama Indonesia) issue fatwas that serve as references for bank operations. In addition, Islamic banks are supervised by the Sharia Supervisory Board (Dewan Pengawas Syariah) to ensure that all operational activities comply with Sharia principles. The regulatory framework and institutional support within the Islamic banking system are adequate to promote the effective implementation of Islamic banking, provided that these rules and institutional functions operate optimally, thereby minimizing confusion or debate among the public regarding the concept of Islamic banking.