Reposition of Notaries in Guaranteing Sharia Compliance in Mudharabah Financing Deeds

Abstract

The repositioning of notaries in mudharabah financing deeds places them as strategic actors in ensuring Sharia compliance and legal certainty. This study aims to analyze the position and repositioning of notaries in the mudharabah deed creation process, the Sharia compliance monitoring mechanism, and the role of notaries in enhancing transparency and integrity in Islamic financial institutions. The research method uses a qualitative, normative-juridical approach, incorporating literature studies, DSN-MUI fatwas, relevant laws, and academic references and Sharia law journals. Data collection involves reviewing literature or secondary data, including primary, secondary, and tertiary legal materials. The research findings indicate that repositioning notaries encompasses not only the creation of authentic deeds, but also Sharia due diligence, collaboration with the Sharia Supervisory Board (SSB), education of relevant parties, and adaptation to innovative digital-based Sharia financing products. Notaries act as mediators between positive law and Sharia principles, ensuring that mudharabah deeds are legally valid and in accordance with Sharia principles. This research recommends improving notary competency through Sharia training, active collaboration with the SSB, and the implementation of internal governance standards for Sharia financial institutions to strengthen Sharia compliance and prevent legal disputes.