Al-Hiwalah : Journal Syariah Economic Law
Vol. 5 No. 2 (2026): Al-Hiwalah : Journal Syariah Economic Law

Unauthorized Sale of Motorcycles with Outstanding Installments: A DSN-MUI Fatwa and Maslahah Mursalah Analysis

Dimas Muhammad Hanief Arkaan (Universitas Muhammadiyah Surakarta)
Ahmad Imam Hambali (Universitas Muhammadiyah Surakarta)
Dessy Asnita (Institut Agama Islam Negeri Langsa)
Warda Said (Madako University)
Muhammad Dakhlan Gazali (Ez-zitouna University Hadhoroh Islamiya)



Article Info

Publish Date
09 Aug 2026

Abstract

The sale and purchase of motorcycles with bad credit is a transaction that does not include the Motor Vehicle Owner's Book (BPKB), commonly known as buying and selling motorcycles with only STNK standards. A small group of Muslims in Surakarta practice this to combat usury and follow the teachings of amar ma'ruf nahi munkar. The goal is to protect small communities (debtors), which are often treated unfairly by debt collectors who violate legal procedures. In response to this behavior, members of the Muslim community formed an anti-usury movement with the aim of abolishing the usury system. This system includes the application of interest on loans and penalties for late payment. The target of this practice is the lender or leasing company, which occurs when the debtor intentionally stops paying credit installments on the motorcycle purchased through leasing and then sells it to another party without the knowledge of the leasing company. The aim of this study is to investigate the purchase and sale of bad credit motorcycles in Surakarta city with reference to the Fatwa DSN and relevant positive laws. The research conducted is descriptive and qualitative and utilizes a sociological approach. The data were collected through observation, interviews, and documentation. The results indicate that the sale and purchase of motorcycles with bad credit in Surakarta violates several rules, as reviewed by the National Sharia Council Fatwa. The buying and selling of motorcycles with bad credit involves the transaction of goods owned by others, which scholars refer to as a fudhulli transaction. However, in Surakarta, the sale and purchase of motorcycles include an element that can harm the contract, namely, the borrower's negative intention to default on payment. This goes against the principles of mashlahah walmursalah.

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Journal Info

Abbrev

AlHiwalah

Publisher

Subject

Religion Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

Description

Jurnal Hukum Ekonomi Syariah (Online/ elektronik) yaitu jurnal ilmiah peer review yang fokus menyebarluaskan hasil penellitian di bidang Fikih, Hukum Ekonomi Islam, Fiqh Muamalah, dan Ekonomi Syariah. Jurnal ini diterbitkan oleh Jurusan Hukum Ekonomi Syariah Fakultas Syariah Institut Agama Islam ...