Li Falah: Jurnal Studi Ekonomi dan Bisnis Islam
Vol 4, No 2 (2019): December 2019

Contradictive Istinbath Akad Murabahah Law Bil of Sharia Financing Time

nurhadi nurhadi (stai al-azhar pekanbaru)



Article Info

Publish Date
06 Jan 2020

Abstract

A contract is a written agreement between a Sharia Bank or a Sharia Business Unit and another party that contains the obligation for parties in accordance with sharia principles, this is a definition according to the Sharia Banking Law. A contract is a legal relationship between parties that creates rights and obligations that are exchanged by the parties. An agreement is an event someone promises to another person or somewhere two people promise to do something or plan. All three are equated in the concept of business law engagement. The difference between the agreement and the contract according to the science of jurisprudence, the agreement is different from the agreement according to business law, but the difference is only in the term of use. By law and sharia, the murabahah and wakalah contracts are legalized. But if the murabahah bil wakalah agreement is not clear between the two contracts which one is used, there is obscurity (gharar), the law is haraam. But if the two contracts can be clear (not gharar) and separate (which one is the right one), then a transaction with two contracts is permitted, for example murabahah bil wakalah transaction, by means of the wakalah contract, then the murabahah contract, then this contract is enforced.

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Journal Info

Abbrev

lifalah

Publisher

Subject

Humanities Decision Sciences, Operations Research & Management Social Sciences

Description

Li Falah, Journal of Islamic Economics and Business Studies is a scientific journal concerning on the latest research results and becomes a scientific communication media for lecturers, researchers, and or observers in the Islamic economics and business ...