E-Jurnal

Legal Consequences And Responsibility of Wa’ad Bonding Power to Sharia Compliance in Akad Al-Ijarah al-Muntahiyah Bi al-Tamlik

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The existence of sharia bukan-bank financial institutions (NBFI) today is very important and one form
of financing is al-Ijarah al-Muntahiyah Bi al-Tamlik (IMBT), which is a lease agreement (ijarah) with
the transfer of ownership of the object that is used as a lease in when the IMBT contract ends which is
based on the existence of wa’ad (promise). This research is a normative juridical research on the IMBT
contract in the Fatwa of the National Sharia Council through analysis based on Islamic and Civil law.
The nature of wa’ad in IMBT is that the law is not binding, this is contradictory to several arguments
in the Qur'an and al-Hadith that command to fulfill and keep promises, which means the promise is
binding. If wa’ad is carried out, the legal consequence is that rights and obligations arise between the
lessee and the lessor to hand over and receive the object of the lease and violate the prohibition against
making transactions in one contract. However, if the wa’ad is not implemented, the IMBT contract does
not exist, there is only the Ijarah contract and the legal consequence is that the IMBT contract is null
and void or considered to have never existed.

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

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Penerbit

: MEDIA SYARI’AH., 2022

Deskripsi Fisik

p 96-111

Bahasa

Indonesia

ISBN/ISSN

1411-2353

Klasifikasi

NONE

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

Volume 24, Issue 1

Subjek

Impact of Law; Liability; Wa’ad Binding, al-Ijarah

Info Detail Spesifik

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Pernyataan Tanggungjawab

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Versi lain/terkait

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