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The importance of collateral in the debt agreement is as the means of legal protection for the security of creditors in overcoming risks, therefore a concrete certanty exists which obligates the debtor to repay the loan. Meanwhile, sharia bank system sees the concept of guarantee or collateral from the concept of Rahn and Kafalah, although in practice sharia bank guarantees and collateral practices use similar guarantee-related legal norms based on the Indonesian positive legal system which are adapted from the western legal system and national legal system. Collateral is a type of additional guarantee, either in the form of movable objects as well as immovable objects handed over by the owner of the aforementioned collateral to the Institution finance or the creditor to secure the settlement of the debtor's obligations as the borrower. If the debtor fails to pay the debt, then the lender may confiscate the collateral objects to be sold or auctioned in order to pay off the debt in the agreement or contract made by the debtor to the creditor by granting preference rights in accordance with the execution of the guarantee institution and or through a judge's decision. The principles of binding and sharia guarantees have been emphasized in Article 2 of the Islamic banking law elucidation states that business activities based on sharia principles, among others, is a business activity that does not contain elements of: a. riba, b. maisir, c. gharar d. haram and e. zalil. Sharia binding and sharia guarantees are 2 (two) things in context law that cannot be separated, the existence of new sharia guarantees arises after the existence of a sharia agreement. This is analogous to the concepts in Civil Law, then the sharia guarantee is a 'follow-up agreement' (accessoire), while the sharia bond is the principal agreement. This means the legal principle that underlies the sharia agreement, mutatis mutandis, can also be applied as a legal principle of sharia guarantees.

Sharia guarantees, accessoire agreements; Islamic financial institutions