Asset Seizure in Credit Sales from the Perspective of Sharia Business Ethics

This study aims to examine the practice of asset seizure in credit sales from the perspective of Sharia business ethics. In modern financing systems, seizure is often used as a solution to debtor default. However, this practice is frequently carried out unilaterally and repressively, leading to injustice. The research employs a qualitative approach through a literature study, analyzing Islamic legal literature, fatwas issued by the National Sharia Council of the Indonesian Ulema Council (DSN-MUI), positive legal regulations, and case studies of asset seizures in Indonesia. The findings indicate that from a Sharia perspective, asset seizure must adhere to fundamental principles such as justice (al-adālah), public interest (maslahah), trustworthiness (amānah), and the prohibition of oppression (zulm). Seizure should be a last resort, undertaken only after exhausting avenues of deliberation, negotiation, and debt restructuring. In the Indonesian context, gaps remain between regulation and actual practice, especially concerning the involvement of third parties who operate without legal and ethical legitimacy. This study recommends the reformulation of Sharia-compliant financing contracts to ensure fairness, as well as the strengthening of mediation mechanisms grounded in Islamic values for resolving contractual defaults. The findings are expected to provide a conceptual contribution to the development of Sharia business practices that are not only in compliance with fiqh, but also uphold humanistic values.

Authors

Publication Details

Journal
Journal of Mujaddid Nusantara.
Published
2025-06-30
DOI
https://doi.org/10.62568/jomn.v2i2.422
Primary Topic
Islamic Finance and Banking Studies
Type
article
Field-Weighted Citation Impact
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article

Asset Seizure in Credit Sales from the Perspective of Sharia Business Ethics

Us Us Surya Nopendi
Journal of Mujaddid Nusantara.
Islamic Finance and Banking Studies
article

Asset Seizure in Credit Sales from the Perspective of Sharia Business Ethics

Us Us Surya Nopendi
article en

Abstract

This study aims to examine the practice of asset seizure in credit sales from the perspective of Sharia business ethics. In modern financing systems, seizure is often used as a solution to debtor default. However, this practice is frequently carried out unilaterally and repressively, leading to injustice. The research employs a qualitative approach through a literature study, analyzing Islamic legal literature, fatwas issued by the National Sharia Council of the Indonesian Ulema Council (DSN-MUI), positive legal regulations, and case studies of asset seizures in Indonesia. The findings indicate that from a Sharia perspective, asset seizure must adhere to fundamental principles such as justice (al-adālah), public interest (maslahah), trustworthiness (amānah), and the prohibition of oppression (zulm). Seizure should be a last resort, undertaken only after exhausting avenues of deliberation, negotiation, and debt restructuring. In the Indonesian context, gaps remain between regulation and actual practice, especially concerning the involvement of third parties who operate without legal and ethical legitimacy. This study recommends the reformulation of Sharia-compliant financing contracts to ensure fairness, as well as the strengthening of mediation mechanisms grounded in Islamic values for resolving contractual defaults. The findings are expected to provide a conceptual contribution to the development of Sharia business practices that are not only in compliance with fiqh, but also uphold humanistic values.

Journal of Mujaddid Nusantara.Vol. 2(2)
Openalex Percentile: Top 78%
Islamic Finance and Banking Studies
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Asset Seizure in Credit Sales from the Perspective of Sharia Business Ethics — Us Us Surya Nopendi · Journal of Mujaddid Nusantara. (2025) | TGRS Research Map | TGRS