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All Journal Maliyah : Jurnal Hukum Bisnis Islam
Wahid Hadi Purnomo
Universitas Islam Negeri Sunan Ampel Surabaya
Religion Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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HUBUNGAN HUKUM PARA PIHAK DALAM PRINSIP MUDARABAH MENURUT HUKUM PERDATA DI INDONESIA Wahid Hadi Purnomo
Maliyah : Jurnal Hukum Bisnis Islam Vol. 2 No. 2 (2012): Desember 2012
Publisher : Islamic Economic Law Programs, Faculty of Sharia and Law State Islamic University (UIN) of Sunan Ampel Surabaya.

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (116.736 KB) | DOI: 10.15642/maliyah.2012.2.2.%p

Abstract

Islamic banking is a banking system that is relatively new in Indonesia. Islamic banking is expected to be one of the alternatives to restore public confidence in the post-crisis conventional banking and diversified financial risk of creating more diverse so as to enhance the resilience of the national banking system. Therefore, the Islamic banking system is still new, there permaslahan-problems arising as a response to Islamic banks, the construction of which is how the legal relationship of the parties, the responsibility of the bank as the owner of the funds and the customer receiving financing as fund manager when there is a loss in cooperation mud}a>rabah. In the known Islamic Sharia principles, which principles derived from the Qur'an and Hadith as well as be used as guidelines by Islamic banks in conducting business activities that do not include an element of riba>, maisi>r, ghara>r, hara>m and z}a>lim. This is what distinguishes the conventional banks, one of which is mudarabah. The difference between the principles of conventional banks and Islamic banks on the basis of mud} a> Rabah lead to differences in the legal relationship with the bank's customers and different legal responsibilities on both banks.
TANGGUNGJAWAB PERDATA PEMILIK PERSEROAN TERBATAS (PT) TERHADAP KERUGIAN PIHAK LAIN DALAM TINJAUAN HUKUM BISNIS ISLAM Wahid Hadi Purnomo
Maliyah : Jurnal Hukum Bisnis Islam Vol. 2 No. 1 (2012): Juni 2012
Publisher : Islamic Economic Law Programs, Faculty of Sharia and Law State Islamic University (UIN) of Sunan Ampel Surabaya.

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (560.329 KB) | DOI: 10.15642/maliyah.2012.2.1.%p

Abstract

The existence of Limited Company (LC) in business is a necessity. Limited Company in Indonesia is regulated by Undang-Undang Nomor 40 Tahun 2007. The domination of the company in the form of Limited Company is because of its superiority in comparison with other forms of company. The first advantage, Limited Company provides easiness to transfer its shares to other parties or persons. The second, shareholder liability of Limited Company is limited to the value of shares held in the Limited Company itself. The enthusiasts of LC are not only from among non-Muslims but also Muslim investors who are choosing it as a form of business entity to run their business. Muslim businessmen, other than as a citizen of Indonesia who are supposed to be the subject to the rules of positive law in Indonesia, including the law pertaining to company, should also be the subject to the provisions of shari'ah. In relation with the discussion above, there are some fundamental questions as follow; (1) is there any kinds of legal form of Limited Company in Islam?; (2) is there any limitations of liability in Islam?; (3) is the limitation of liability is allowed under Islamic law?. Based on the research, it can be concluded that Islam does not have the shirkah system which has the similarities to Limited Company of either in the form of responsibility or its legal status. According to al-Qur’an and al-hadith that each individual is responsible to pay all debt dependents without any restrictions. Islam does not also allow a form of limited obligation as set out in Limited Company. It is because the provisions of shari>'ah states that one should not reduce a bit of his or her own debt.
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