Diponegoro Law Review
Vol 2, No 1 (2017): Diponegoro Law Review April 2017

CONCEPT AND APPLICATION OF AKAD WAKALAH IN MURABAHA FINANCING IN ISLAMIC BANKING (A COMPARATIVE STUDY BETWEEN INDONESIA AND MALAYSIA)

Bagya Agung Prabowo (Faculty of Law, The National University of Malaysia)
Jasri Bin Jamal (Faculty of Law, The National University of Malaysia)



Article Info

Publish Date
28 Apr 2017

Abstract

Islamic banks have grown stronger by continuing to provide innovative products and services to successfully increase the number of customers. So far, the majority of financing by Islamic banks controlled by murabaha financing almost 80% - 95%. In the bank's murabaha scheme as the seller (ba’i) to purchase necessary items and then resell it to customers, clients (musytari) with a sales price equivalent to the purchase price and profitability of banks. In reality, Islamic banks using wakalah empower customers to purchase their goods. Step wakalah apply concepts to customers is unwise because MUI Fatwa No.04 / DSN-MUI / IV / 2000 has determined that the sale of murabaha contracts made after the goods become the property of Islamic banking principles. The main problem in Indonesia is that there are legal provisions that are not in harmony and not based on actual consumer rights. It is geared toward legal uncertainty. To overcome various problems, this research adopted the method of analysis based on doctrinal content, by implementing four types of approaches to the law, namely: (i) history / historical; (ii) Jurisprudence / philosophy; (iii) comparison; and (iv) analytical and critical. In addition, harmonized approach is also necessary for legislative alignment with Islamic philosophy and the philosophy of consumer protection. By making Malaysia as a reference, this thesis aims to identify the application wakalah perspective and consumer protection improvement in Indonesia. In addition to this, the restructuring of the existing system in Indonesia is required by legislation harmony, improvement and diversification of institutional oversight mechanisms Islamic banking operations

Copyrights © 2017






Journal Info

Abbrev

dlr

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Diponegoro Law Review (Diponegoro Law Rev. - DILREV) is a peer-reviewed journal published by Faculty of Law, Diponegoro University. DILREV published two times a year in April and October. This journal provides immediate open access to its content on the principle that making research freely ...