E-Jurnal

Rekonstruksi Subjek dan Perbuatan Hukum Akad Pembiayaan Murabahah pada Perbankan Syariah

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Murabaha financing contracts are the most dominant product in Islamic banking. The product is based
on the fatwa of the National Sharia Council of the Indonesian Ulema Council (DSN-MUI) and the
Sharia Banking Product Standards formulated by the Financial Services Authority (OJK). In fiqh,
marabahah is a sale and purchase that requires goods to be traded between the bank and the customer,
but in practice it is the distribution of funds because the bank as an intermediary institution does not
own the goods, so the bank relies on the wakalah contract to channel funds and earn profits in the name
of buying and selling. Based on previous research that murabahah bil wakalah financing is still not in
line with sharia principles, it contains moral hazard, which is the distribution of funds without buying
and selling goods as written in the contract. This research is a legal research with descriptive method of
analyzing primary, secondary, and tertiary legal materials. By using the ushul fiqh approach, the author
conducts a content analysis of the legal norms of murabahah financing. This study analyzes and
reconstructs the legal standing of legal subjects, legal relations and determines legal actions as a
murabahah financing contract. The novelty of this research is that the pillars of murabahah financing
consist of four parties and eleven legal acts. The recommendation from this study is that DSN-MUI and
OJK need to make the legal standing of financing actors not only banks and customers and include eleven
legal acts as the new pillars or requirements of the murabahah financing contract so that they are in
accordance with sharia principles that reflect distributive justice in Islamic economics.

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

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Penerbit

: MEDIA SYARI’AH., 2021

Deskripsi Fisik

p 17-33

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 23, Number 1

Subjek

contracts, financing, murabahah, legal actions

Info Detail Spesifik

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Pernyataan Tanggungjawab

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Versi lain/terkait

Lampiran Berkas

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