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All Journal Al-Manahij : Jurnal Kajian Hukum Islam
Abdul AA Azis
Universitas Islam Negeri Syarif Hidayatullah Jakarta
Law, Crime, Criminology & Criminal Justice

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Jaminan Fidusia dalam Pembiayaan Murabahah: antara Jual Beli dan Hutang Piutang Nur Hidayah; Moch. Bukhori Muslim; Abdul AA Azis
Al-Manahij: Jurnal Kajian Hukum Islam Vol 15 No 2 (2021)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (387.759 KB) | DOI: 10.24090/mnh.v15i2.5243

Abstract

The issue of shifting from sale and purchase transactions to service transactions due to the binding of collateral with a mortgage or fiduciary rights can become a transaction that is null and void. Solving legal issues related to how the concept of binding collateral needs to be seen in an ontological and philosophical scope. The binding of collateral on murabahah financing should be based on the existence of customer obligations for purchases that have not been paid off based on the Sharia Banking Law. The binding of collateral on murabahah transactions can also be carried out with mortgage rights or fiduciary guarantees based on the existence of customer obligations for purchases that have not been paid off as guided by the Mortgage Law and the Fiduciary Guarantee Law which has accommodated the binding of collateral by basing other main agreements other than the main agreement due to accounts payable.
Co-Authors Moch. Bukhori Muslim Nur Hidayah