TABELLIUS
Vol 2, No 2 (2024): June 2024

Implementation of the Principle of Freedom of Contract in Making Musyarakah and Ijarah Deeds Made by Notaries at Bank Muamalat Kendari Branch

Saharia, Siti (Unknown)



Article Info

Publish Date
02 Dec 2024

Abstract

The profit sharing portion is still regulated by Bank Muamalat Kendari Branch, even though in the provisions there are profit and loss sharing or revenue sharing methods are by mutual agreement. This is certainly contrary to the sharia principle, namely gharar which is uncertainty or not in accordance with the initial agreement. This results in carrying out business activities that are contrary to sharia principles being an act that is prohibited for Islamic Commercial Banks and Islamic Financing Banks. The formulation of the problem in this study is how is the application of the principle of freedom of contract in making musyarakah and ijarah at Bank Muamalat Kendari Branch? and how is the strength of the evidence of musyarakah and ijarah deeds made before a Notary? The aim of this research is to determine the application of the principle of freedom of contract in the profit sharing system in musyarakah and ijarah financing contracts at Bank Muamalat Kendari Branch and to find out and analyze the strength of proof of musyarakah and ijarah deeds made before a Notary Public.

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Journal Info

Abbrev

tabelius

Publisher

Subject

Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

Description

TABELLIUS: Journal of Law is a peer-reviewed journal published by Master of Notary Program, Faculty of Law, UNISSULA, Semarang. TABELLIUS: Journal of Law published in four (4) times a year they are in March, June, September and December. This journal provides immediate open access to its content on ...