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The Optimalization Legal Role of Contracts in the Settlement of Business Disputes Between the Parties of Contract Agreement Retnowati, May Shinta; Amrullah, Muhammad Ilham; Rachmawati, Andini
FENOMENA Vol 15 No 1 (2023): FENOMENA VOL 15, NO. 1, 2023
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat, UIN Sultan Aji Muhammad Idris Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/fj.v15i1.4846

Abstract

There are many problems in Islamic civil transactions, including muamalah activities carried out in the midst of society when running a business. This time the role of agreement law (contract) in the settlement of business disputes between the parties in the contract agreement, in which the dispute will be vulnera-ble to occur in a business relationship, due to the absence of good faith, the desire to increase the profits that can be achieved, and the existence of default, which is not closing the possibility of a loss experi-enced by one of the parties in the business relationship who entered into the agreement or contract, there-fore the law of the agreement (contract) is very necessary in order to protect the parties in the business re-lationship so as not to experience losses that can occur at any time. . This research method uses library research that takes references from several literatures. The results of this study are that at the beginning of business activities there must be a law of agreement or often referred to as a contract to guard so that a business relationship can run well, according to what is desired and agreed upon by the parties who make an agreement or contract. Because basically a dispute is a situation that often appears in the busi-ness world, where the dispute must be resolved
Analisis Kepatuhan Koperasi Syariah Pada Implementasi Akad IMBT Ditinjauan dari Fatwa DSN MUI No. 27 Tahun 2002 Amrullah, Muhammad Ilham; Sholahuddin, Muhammad; Rizka, Rizka
Jurnal Ilmiah Universitas Batanghari Jambi Vol 24, No 1 (2024): Februari
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/jiubj.v24i1.4626

Abstract

Essentially, the majority of people want to fulfill their needs for consumer or productive goods quickly and through a simple process, In this context, Islam is present as a solution for society to meet society's needs for assets through financing agreements contract al-Ijarah Muntahiyah Bi at-Tamlik (IMBT). Which aims to review the suitability of the implementation of the contract al-Ijarah Muntahiyah Bi at-Tamlik against DSN-MUI fatwa no. 27 of 2002 about IMBT. Field research is the form of research used, and the research method employed is a descriptive method with a qualitative research paradigm approach. Data was obtained through several data collection techniques, namely observation, interviews and documentation. The data analysis technique used is the Miles and Huberman analysis technique. The results of the research state that apart from the conformity of several IMBT contract implementations to the DSN-MUI Fatwa, The DSN-MUI Fatwa is not followed in a number of implementations, including the transfer of ownership at the start of the IMBT contract, the full tenant-borne maintenance costs for the rental items, and the initial intention of customers applying for IMBT contract financing, which was not to satisfy their needs for consumer or productive goods.