Proceedings of the 1st International Conference on Business, Law And Pedagogy, ICBLP 2019, 13-15 February 2019, Sidoarjo, Indonesia

Research Article

Legal Certainty Against Halal Certification Of Investment Fund

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  • @INPROCEEDINGS{10.4108/eai.13-2-2019.2286032,
        author={Shohibul  Khoir and Andre Meiryandy Sugesty and Shandy Aldo Hamonangan},
        title={Legal Certainty Against Halal Certification Of Investment Fund},
        proceedings={Proceedings of the 1st International Conference on Business, Law And Pedagogy, ICBLP 2019, 13-15 February 2019, Sidoarjo, Indonesia},
        publisher={EAI},
        proceedings_a={ICBLP},
        year={2019},
        month={10},
        keywords={legal certainty halal certification mutual fund investment},
        doi={10.4108/eai.13-2-2019.2286032}
    }
    
  • Shohibul Khoir
    Andre Meiryandy Sugesty
    Shandy Aldo Hamonangan
    Year: 2019
    Legal Certainty Against Halal Certification Of Investment Fund
    ICBLP
    EAI
    DOI: 10.4108/eai.13-2-2019.2286032
Shohibul Khoir1,*, Andre Meiryandy Sugesty1, Shandy Aldo Hamonangan1
  • 1: Faculty of Law, Universitas Airlangga
*Contact email: alapolakhoir@gmail.com

Abstract

The title of this study is " Legal certainty against halal certification of investment fund". Therefore, the legal issue discussed in this study is to analyze the legal certainty of halal certification on mutual fund investments. This study used two types of approach, namely statue approach, and conceptual approach. Statue approach is carried out by identifying and discussing regulations related to halal certification of mutual fund investments. On the other hand, the conceptual approach is made by looking at the values and concepts associated with halal certification of mutual fund investments. In regards to the legal issues in the halal certification of mutual fund investments and based on the fatwa from National Sharia Board of Indonesian Ulama Council (Dewan Syariah Nasional Majelis Ulama Indonesia, abbreviated as DSN MUI) number 20/DSN-MUI/IV/2001, mutual fund investment is known to have legal certainty. Mutual fund investments have contracts, namely wakalah contract, and mudharabah contract. As long as the mutual fund investments do not contradictory with the prevailing law, halal certification will obtain legal certainty.