JURNAL PENELITIAN
Vol 10 No 2: November 2013

ANALISIS FIQH MUAMALAH TENTANG HYBRID CONTRACT MODEL DAN PENERAPANNYA PADA LEMBAGA KEUANGAN SYARIAH

Isfandiar, Ali Amin (Unknown)



Article Info

Publish Date
26 Mar 2014

Abstract

This paper is intended to analyze philosophically about the existence of a hybrid contract (english) or al-‘Uqûd al-Murakkabah (Arabic) or multiakad (Indonesia). Search focused on the opinion of scholars of hadith and fiqh (muamalah), as well as its application in Islamic Financial Institutions. This is important, because, in the form of a single contract is not able to respond to contemporary financial transactions which always move and are affected by the financial industry both nationally, regionally and internationally. By using qualitative and literature method, the study concluded that, firstly, fiqh muamalah contemporary view of the hadith related to contract hybrid models lead to the editorial about the ban of bai’ataini fi bai’atin (two sale and purchase in the sale), ban of shafqataini fi shafqatin (two agreements in the deal) and the prohibition of bay’ and the salaf (sale and purchase agreement and ordering of goods), secondly, the construction of contract hybrid models in Islamic banks is addressed to the construction of al- ‘Uqûd al-Mutaqâbilah (dependent or conditional contract), which implemented on Guarantee Bank (BG), and al-‘Uqûd al-Mujtami'ah (same type contract), which implemented on the Housing Financing.

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Journal Info

Abbrev

Penelitian

Publisher

Subject

Education

Description

JURNAL PENELITIAN is a peer-reviewed journal published by LP2M IAIN Pekalongan with print-ISSN: 1829-9903 and online-ISSN: 2541-6944 Jurnal Penelitian is a religious studies journal containing research results from various aspects of discipline, religion, social, education, law, economy, politics, ...