Eni Mawardhaningrum
Universitas Muhammadiyah Yogyakarta

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Post-Divorce Murabahah Defaults: Legal Challenges in Resolving Collateral Disputes between Co-Defendants Eni Mawardhaningrum; Leli Joko Suryono
Al-Hiwalah: Journal of Sharia Economic Law Vol. 5 No. 2 (2026): Al-Hiwalah : Journal Syariah Economic Law
Publisher : Department of Islamic Economic Law, Faculty of Sharia, Sultanah Nahrasiyah State Islamic University, Lhokseumawe

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47766/al-hiwalah.v5i2.7836

Abstract

Divorce has legal consequences that extend beyond changes in marital status to include the management of joint assets. In religious courts, murabahah financing disputes frequently concern not only defaults by the debtor, but also whether the collateral is held by another party—often a former spouse when joint assets are involved. This study examines the judicial reasoning behind rulings on murabahah financing disputes after divorce, particularly when the collateral is in the possession of a co-defendant. The research adopts a normative legal approach, utilizing both case studies and conceptual analysis of Islamic economic dispute rulings. The findings indicate that judges consistently prioritize the debtor’s obligation to fulfill financial commitments to the creditor (Islamic bank). Consequently, judicial decisions commonly side with the creditor from a contractual standpoint. In post-divorce murabahah cases, courts impose payment obligations on the debtor as a means to uphold legal certainty for the creditor while safeguarding the civil rights of the party controlling the collateral. Judicial rulings clarify that although a co-defendant’s possession of the collateral does not absolve the primary debtor’s responsibility, it may complicate enforcement if legal barriers arise. This research aims to advance the study of Islamic economic law and inform judicial practices in resolving murabahah financing disputes. Keywords: Default; Murabahah; Guarantee; Divorce; Co-Defendant;