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All Journal MIYAH: Jurnal Studi Islam MASADIR: Jurnal Hukum Islam
Dani El Qori
Universitas Kiai Abdullah Faqih Gresik
Religion Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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TINJAUAN HUKUM ISLAM TERHADAP PRAKTIK JUAL BELI PERALIHAN PIUTANG CESSIE: STUDI DI PT. UNITEC INDO PRATAMA SURABAYA Dani El Qori
MIYAH : Jurnal Studi Islam Vol. 19 No. 01 (2023): JANUARI
Publisher : Universitas Kiai Abdullah Faqih Gresik

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Abstract

Abstract: The Covid-19 pandemic that hit the world from 2020 to 2022 has had an impact on all lines of human life. As a result, many business man have suffered losses. Losses for business man have an impact on the number of bad loans in banks. Some banks sell their debtors' receivables to cessie companies in order to get fresh funds easily and quickly. In this article, we will examine in more depth the practice of buying and selling receivables transactions carried out by PT. BTN Sidoarjo branch to PT Unitec Indo Pratama and review of Islamic law on the transaction. The author uses the theory of baiuddayn and hawalah contracts to analyze the practice of selling these receivables. based on the author's analysis, the sale of receivables transactions carried out by PT. BTN Sidoarjo branch is an illegal transaction in the perspective of Islamic law, using both hawalah and baiuddayn contracts. Keywords: transition, receivable, subrogation, eve
Tinjauan Hukum Islam Terhadap Praktik Penguasaan Hak Atas Barang Jaminan Pada Bank Syari'ah Dani El Qori; Achmad Sya'bi
MASADIR: Jurnal Hukum Islam Vol. 6 No. 01 (2026): April 2026
Publisher : Universitas Kiai Abdullah Faqih (UNKAFA) Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33754/masadir.v6i01.1963

Abstract

The practice of controlling collateral rights in Islamic banks, particularly through the rahn tasjily scheme at PT Bank Syariah Indonesia Tbk (BSI) KCP Gresik Kota Baru, is implemented by submitting asset ownership documents such as SHM, SHGB, and BPKB as financing collateral, while the physical assets remain controlled and utilized by the customer. Based on analytical descriptive field research through observation, interviews, and documentation at BSI GKB, a review of Islamic law based on four schools of thought (madzhab) shows diverse views regarding the legitimacy of such control. This practice is considered most compatible with the Maliki School because it recognizes the concept of qabdh hukmi or legal control over documents to protect the bank's rights as the murtahin. Conversely, the Hanafi School considers this control practice inappropriate because the bank's control is only administrative, while the Syafii and Hambali Schools consider it inappropriate because it requires qabdh haqiqi or actual physical control over the collateral. Although there are differences in perspective in classical fiqh, the implementation of control over collateral at BSI KCP Gresik Kota Baru is legally and formally declared valid and has complied with applicable national regulations, namely DSN-MUI Fatwa Number 68/DSN-MUI/III/2008.
Co-Authors Achmad Sya'bi