Yurisprudentia: Jurnal Hukum Ekonomi
Vol 11, No 1 (2025): Edisi Januari–Juni

Analisis Penyelesaian Wanprestasi dalam Pembiayaan Murabahah

Widiyaningsih, Yeni (Unknown)
Wulandari, Felina Dwi (Unknown)
Nida, Putri Khoirin (Unknown)
Rahma, Aida (Unknown)
Wahidullah, Wahidullah (Unknown)



Article Info

Publish Date
20 Jun 2025

Abstract

In the context of murabahah financing, default (wanprestasi) is a common issue that can lead to losses for Islamic banks. According to the Fatwa of the National Sharia Council MUI No. 43/DSN-MUI/VIII/2004, dhaman or compensation can be imposed on customers who fail to meet their payment obligations as stipulated in the contract. This study employs a qualitative descriptive method to analyze the mechanism of dhaman and its implications for customers experiencing default. The findings indicate that banks have the right to impose penalties in the form of fines (ta'zir) and/or compensation (dhaman) on customers who are able to pay but are late in fulfilling their obligations. However, it is recommended that Islamic banks first offer restructuring options to customers before taking further action. This research emphasizes the need for a balance between protecting customer rights and the bank's interests to achieve fairness in Islamic banking practicef.

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Journal Info

Abbrev

yurisprudentia

Publisher

Subject

Religion Humanities Economics, Econometrics & Finance

Description

Yurisprudentia; Jurnal Hukum Ekonomi, ISSN Cetak: 2442-6822; ISSN ONLINE: 2580-5134, publishes scientific writings in the form of research results, literature reviews, conceptual articles and actual issues that are relevant and focused in the field of Islamic economics. The editor accepts that the ...