Khazanah Hukum
Vol. 6 No. 2 (2024): Khazanah Hukum Vol 6, No 2 August (2024)

Re-Reading Al-Uqud Al-Murakkabah: Types and Models of Hybrid Contracts Concept in Fatwa DSN-MUI

Pitriani Pitriani (Institut Agama Islam Negeri Kerinci)
Doli Witro (UIN Sunan Gunung Djati Bandung)
Muhamad Izazi Nurjaman (UIN Sunan Gunung Djati Bandung)
Iib Hibaturohman (STID Al-Biruni Babakan Ciwaringin Cirebon, Indonesia)
Imaro Sidqi (KU Leuven)



Article Info

Publish Date
31 Aug 2024

Abstract

The aims of this research is to clarify the type of multi-contract used by National Sharia Council-Indonesian Ulama Council (DSN-MUI) in its product innovation, so that the multi-contract concept used is a multi-contract concept that is in accordance with sharia rules and principles. This research is sharia economic law research that uses descriptive literature research methods. This research uses a normative juridical approach. The primary data used in this research is the DSN-MUI Fatwa which is related to the concept of hybrid contracts in the innovation of sharia banking products. Meanwhile, Secondary data sources include various sources of literature such as laws, scientific articles, books, and others. The data analysis technique used was the cumulative data analysis technique of Miles et al., namely data condensation, data presentation, and drawing conclusions. This study found that so far, the DSN-MUI has used the type of multi-contract for similar contracts (a combination of muawadhat contracts) and also non-similar contracts (a combination of muawadhat contracts and tabarru’ contracts) provided that there is a separation of agreement documents to avoid usury schemes for the use of these contract combinations and income (both margins, ujrah, and profit sharing) is obtained from the use of muawadhat contracts. This non-similar contract combination scheme is confirmed in the Fatwa on the Income of Islamic Financial Institutions (LKS) During the Construction Period (Fatwa No. 142 of 2021), namely Al- Uqud al-Murakkabah al-Muta’addidah. Meanwhile, the hybrid contracts scheme for similar contracts uses the Al-Uqud al-Murakkabah al-Mutajanisah hybrid contracts scheme

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Journal Info

Abbrev

kh

Publisher

Subject

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

Description

Khazanah Hukum is an international journal published three times a year by the Universitas Islam Negeri Sunan Gunung Djati. This journal discusses aspects of law in the Indonesian context and the context of globalization. The languages used in this journal are Indonesian and English. Khazanah Hukum ...