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All Journal EkoBis ( Ekonomi & Bisnis ) JBTI : Jurnal Bisnis : Teori dan Implementasi Jurnal Masharif al-Syariah: Jurnal Ekonomi dan Perbankan Syariah Journal of Islamic Economic Laws EDUKA : Jurnal Pendidikan, Hukum, Dan Bisnis Journal of Islamic Accounting and Finance Research Jurnal E-Bis: Ekonomi Bisnis AL-ARBAH: Journal of Islamic Finance and Banking Jurnal Ilmiah Mahasiswa Perbankan Syariah (JIMPA) Islamic Banking : Jurnal Pemikiran dan Pengembangan Perbankan Syariah Journal of Islamic Economics, Management, and Business (JIEMB) Jurnal Ekonomi Bisnis, Manajemen dan Akuntansi (JEBMAK) Equilibrium: Jurnal Ekonomi Syariah JESKaPe: Jurnal Ekonomi Syariah, Akuntansi dan Perbankan Jurnal Akuntansi, Perpajakan dan Auditing ADM : Jurnal Abdi Dosen dan Mahasiswa Malik Al-Shalih
Kartika Marella Vanni
UIN Walisongo Semarang
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : journal of islamic economic laws

 1 
Fiduciary Dispute Settlement of Murabaha Contract in PT. Al-Ijarah Indonesia Finance Wijayanti, Riska; Vanni, Kartika Marella
Journal of Islamic Economic Laws Vol 2, No 2 (2019): Journal of Islamic Economic Laws
Publisher : Muhammadiyah University Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (320.865 KB) | DOI: 10.23917/jisel.v2i2.8616

Abstract

This study examines the authority of dispute settlement body of a bad financing in murabaha contracts with a collateral of Daihatsu VVTI car 13 XI DLX Year 2011 midnight black color. According to DSN Fatwa Number 04/DSN-MUI/IV/2000 concerning Murabaha the placement of fiduciary on murabaha contract objects is indeed permissible, but it becomes ambiguous when murabaha objects which are used as collateral in the financing process that have not been repaid are lost, causing late installment payments. The customer argued that the late payment was due to the embezzlement of murabaha objects by third parties beyond the expectations or control of the customer. This study also examines the legal liability for late settlement of murabaha sale and purchase by customers due to the loss of murabaha objects which at the same time become collateral in murabaha financing contracts. This research is normative legal research with a legal approach and a case approach. This study concludes that Religious Courts have the authority to decide disputes that occur between customers (mushtari) and sharia financial institutions (?ahib al-m?l) for late repayment of murabaha financing. Based on the principle of accountability based on the element of error, the customer (mushtari) has legal responsibility for his actions. Errors made by customers (mushtari) are in the form of negligence.
Fiduciary Dispute Settlement of Murabaha Contract in PT. Al-Ijarah Indonesia Finance Riska Wijayanti; Kartika Marella Vanni
Journal of Islamic Economic Laws Vol 2, No 2: July 2019
Publisher : Muhammadiyah University Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/jisel.v2i2.8616

Abstract

This study examines the authority of dispute settlement body of a bad financing in murabaha contracts with a collateral of Daihatsu VVTI car 13 XI DLX Year 2011 midnight black color. According to DSN Fatwa Number 04/DSN-MUI/IV/2000 concerning Murabaha the placement of fiduciary on murabaha contract objects is indeed permissible, but it becomes ambiguous when murabaha objects which are used as collateral in the financing process that have not been repaid are lost, causing late installment payments. The customer argued that the late payment was due to the embezzlement of murabaha objects by third parties beyond the expectations or control of the customer. This study also examines the legal liability for late settlement of murabaha sale and purchase by customers due to the loss of murabaha objects which at the same time become collateral in murabaha financing contracts. This research is normative legal research with a legal approach and a case approach. This study concludes that Religious Courts have the authority to decide disputes that occur between customers (mushtari) and sharia financial institutions (ṣahib al-māl) for late repayment of murabaha financing. Based on the principle of accountability based on the element of error, the customer (mushtari) has legal responsibility for his actions. Errors made by customers (mushtari) are in the form of negligence.
Co-Authors Al-Hadad, Zainul Latif Ali Imron AMATUN NUR MAKMURIYAH Ana Nihayah Nihayah Ari Kristin Prasetyoningrum Baehaqi Eleven Kharisma Eva Amelia Khoiriyah, Syahidatul Muchlis Yahya Muhlis Muhlis Mustika, Anjar Nurotul Faizah, Fita Rahmah, Mutiara Rifqi, Lathif Hanafir Riska Wijayanti Riska Wijayanti Riska Wijayanti Setyowati, Linda Sholehah, Wilda Waladatus Tria Noviani Viki Safirotu Nadan Wahibur Rokhman Widiastuti, Yulfa