At-Tahdzib: Jurnal Studi Islam dan Muamalah
Vol 12 No 2 (2024): At-Tahdzib

Review of Hybrid Contract of Sharia Banking from the Perspective of Maqashid Syariah

Kamaluddin, Imam (Unknown)
Ismail, Taufiq (Unknown)



Article Info

Publish Date
30 Sep 2024

Abstract

Background. Multi-contract (hybrid contract) is currently widely applied in Sharia Banking. The contract is used in various transactions in Sharia Banking products such as the Ijarah Muntahiyah Bit Tamlik and Musyarakah Mutanaqishah contracts. In practice, the application of the multi-contract raises schematic problems, but Sharia Banking still applies the contract. It is interesting to study the practice of multi-contract in Sharia Banking from the aspect of maqasis sharia. Maqasid sharia analysis is used to see the maslahah side. Aim. This study aims to review the practice of multi-contract in Sharia Banking in the perspective of maqasid sharia. Methods. This study uses library research. Results. The results of this study indicate that the jurists (fukaha) agree on the permissibility of multi-contracts, but the validity of the results of the merger depends on what contracts are combined. The elements prohibited by the maqashid sharia in this hybrid contract include coercion, elements of fraud to gain profit, and no one is harmed between the two parties.

Copyrights © 2024






Journal Info

Abbrev

tahdzib

Publisher

Subject

Religion Economics, Econometrics & Finance Education Social Sciences

Description

At-Tahdzib: Jurnal Studi Islam dan Muamalah is an academic journal that focuses (not limited) on in-depth studies on Islamic studies and muamalah (economic and social aspects of Islam). This journal aims to facilitate scientific discussion and dissemination of knowledge in the field of Islamic ...