Application of Mudharabah Agreement Regulation through the Compilation of Sharia Economic Law (KHES) in Islamic Banking in Indonesia

Abstract

The Compilation of Sharia Economic Law (KHES) is a crucial step in the positivization of Islamic law, adapting it to the context of the Unitary State of the Republic of Indonesia (NKRI). KHES addresses the need for applied legal sources for Religious Courts in Islamic economic cases, particularly after Law Number 3 of 2006. While KHES serves as a standard guideline for resolving sharia economic disputes, some clauses remain ambiguous, risking legal uncertainty. To ensure clarity and consistency, critical review and refinement of its terms and clauses are essential for strengthening the Islamic economic legal framework.