KEPAILITAN DALAM HUKUM EKONOMI SYARIAH

Abstrak

Iflas is a condition of a person who has no assets or what is called bankruptcy. Bankruptcy is a condition of a Debtor when he has stopped paying his debts. A condition that requires the intervention of the Panel of Judges to guarantee the common interests of his creditors. Management of debts in Islamic economics emphasizes the principles of justice, avoiding usury, and maintaining moral integrity. Debts are permitted, but must be based on a valid, honest contract and with good intentions to pay it off. The main principle is to avoid the element of usury (interest) and ensure that there is a written agreement to avoid disputes in the future. In the Bankruptcy Law, there are two possible legal remedies that can be taken by parties who are dissatisfied with the bankruptcy declaration decision, namely cassation or judicial review to the Supreme Court. There are several efforts to harmonize positive law with sharia economic law, especially in bankruptcy matters, namely the absence of dualism in the courts, increasing the role of the MUI and OJK Sharia, increasing regulation and increasing the competence of legal human resources.