Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam
Vol 5, No 1 (2021): Vol. 5, No. 1, Oktober 2021

Settlement of Dispute on Murabahah Financing with Default Customer

Nawir Yuslem (Universitas Islam Negeri Sumatera Utara)
Mhd. Yadhi Harahap (Universitas Islam Negeri Sumatera Utara)
Darmansyah Hasibuan (Universitas Islam Negeri Sumatera Utara)



Article Info

Publish Date
08 Jan 2022

Abstract

This research is an Islamic law research that discusses the settlement of murabahah financing disputes with defaulting customers with a case study on the Supreme Court of the Republic of Indonesia Number: 649 K/AG Year 2017. The research model (mode of inquiry) of this study is qualitative. The preliminary step in this research is a conceptual approach with normative legal research methods. This study uses the theory of mashlahah: applicative theory is used in analyzing the data of this study and in the end this study shows that there is still a deviation between the provisions of murabahah financing and the concept of fiqh but to avoid this deviation, the wakalah system is made. The Supreme Court's decision Number 649 K/AG/2017 does not reflect a fully progressive decision, for the bank and also for the customer, the decision has not received a value of benefit, because the Supreme Court judge does not give a time limit to customers who are considered unable to make payments in accordance with the agreement (default) to reschedule (rescheduling), in the absence of such a time limit, provides an opportunity for customers who are in default to prolong the delay in payment so that this can be detrimental to the bank.

Copyrights © 2021






Journal Info

Abbrev

ua

Publisher

Subject

Arts Humanities Law, Crime, Criminology & Criminal Justice

Description

Ulul Albab is journal of Islamic Law Studies published by the Departement of Syariah, Faculty of Islamic Studies, Sultan Agung Islamic University, Semarang, Indonesia. It is a semi annual journal published in April and October for the developing the scientific ethos. Editor accept scientific ...