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All Journal Al-Mudharabah Al Muhkam: Journal of Islamic Law and Jurisprudence
Khairul Badri, Khairul
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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IMPLEMENTATION OF SHARIA PRINCIPLES IN THE SETTLEMENT OF MURABAHAH FINANCING DEFAULT AT PT BPRS TAMAN INDAH DARUSSALAM Riski, M. Romi; Badri, Khairul; Husnul, Muhammad
Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah Vol. 6 No. 1 (2025): Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah
Publisher : Prodi Hukum Ekonomi Syariah, Fakultas Syariah dan Hukum, UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/al-mudharabah.v6i1.8260

Abstract

Financing is a core activity in Islamic banking that plays a crucial role in supporting economic growth. In practice, some customers have defaulted on murabahah financing for motorcycle purchases at PT BPRS Taman Indah Darussalam from 2019 to 2021. These defaults took the form of continuous late payments and payment arrears, resulting in the temporary suspension of the repayment process. This study focuses on the concept and implementation of the murabahah agreement applied by PT BPRS Taman Indah Darussalam, the forms and causes of customer default, and its impact on bank stability. The method used is qualitative with a legal-empirical approach, through direct interviews and documentation as data collection techniques. The study results indicate that customer default is characterized by late payments caused by a decline in income and negligence, which disrupts cash flow and increases financing risks. PT BPRS Taman Indah Darussalam implements resolution through a phased approach, starting from consultation, formal notice, imposition of penalties, to restructuring. Under Islamic law, default in a murabahah agreement is considered a breach of trust that must be resolved fairly. In contrast, under civil law, negligent customers may be subject to penalties such as compensation or enforcement of collateral. Implementing murabahah agreements generally aligns with Sharia principles, but further strengthening is needed in customer selection and risk management. It is recommended that banks tighten their initial assessment processes, enhance Islamic financial literacy for customers, and strengthen monitoring systems and educational approaches to reduce the default rate.
Unregistered Marriage with Wali Muhakkam in Shafi‘i Fiqh Perspective and Indonesian Positive Law Safitra, Windy; Badri, Khairul
Al Muhkam: Journal of Islamic Law and Jurisprudence Vol. 2 No. 1 (2026): Al Muhkam: Journal of Islamic Law and Jurisprudence
Publisher : KIPS Institute Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65980/almuhkam.v2i1.55

Abstract

This study investigated the practice of nikah siri (unregistered marriage) involving the use of a wali muhakkam in Indonesia from the perspectives of Shafi?i jurisprudence and positive law. The practice had frequently been justified as a theological response to administrative barriers or the refusal of a wali nasab (?adhal). However, it produced significant legal vulnerability for women and children. Employing a qualitative research design, the study adopted a library-based approach and jurisprudential analysis, utilizing content analysis to examine authoritative Shafi?i legal texts alongside Indonesian marriage regulations and judicial decisions. The findings demonstrated that, in the contemporary context marked by extensive access to the Office of Religious Affairs (Kantor Urusan Agama/KUA), the invocation of a wali muhakkam no longer satisfied the requirement of geographical necessity recognized in Shafi?i fiqh. From a legal standpoint, the practice constituted a form of legal circumvention that undermined the authority of the state-appointed wali hakim. Furthermore, the study revealed that Indonesian religious court judges functioned as agents of substantive justice by safeguarding the rights of the wali mujbir through structured mediation mechanisms and rigorous verification procedures. The study concluded that religious legitimacy must be integrated with state legal frameworks to ensure legal certainty and to promote genuine mashlahah within the family institution.
Co-Authors Husnul, Muhammad Riski, M. Romi Safitra, Windy