Sharia Economic Dispute Regarding The Default on IjarahMultijasa Financing From Maqashid Sharia Perspective (Decision No. 38/Pdt.G/2019/ PA.Btl)

Ulfa, Badria Nur Lailina (2019) Sharia Economic Dispute Regarding The Default on IjarahMultijasa Financing From Maqashid Sharia Perspective (Decision No. 38/Pdt.G/2019/ PA.Btl). Masters thesis, UNIDA.

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Abstract

Abstract Sharia Economic Dispute Regarding The Default on Ijarah Multijasa Financing From Maqashid Sharia Perspective (Decision No. 38/Pdt.G/2019/ PA.Btl) Badria Nur Lilina Ulfa 38.2.3.291 Limited funds are a major obstacle for customers to fulfill their daily needs. Therefore a finance company in the field of customer financing is an alternative. Provision of financing to customers must be preceded by a financing agreement. The financing agreement has an important function because it has a chance of risk. The biggest risk is not fulfilling obligations (defaults) by the debtor. As the decision No. 38/Pdt.G/2019/PA.Btl that default is caused by customer income that smaller than the monthly installment fee. For this reason, customer feasibility testing is important in adjusting to the customer’s income. This study discusses of decision No. 38/Pdt.G/2019/PA.Btl, it is expected that the researcher can find out how the judicial process of the Bantul Religious Court resolves sharia economic disputes. The decision of the Bantul Religious Court was chosen as the object of research because it was among the most resolved sharia economic disputes from various cities in Indonesia. With this, it is expected that the researcher will be able to explore and put the judge’s processes and judgments in accordance with the framework of the maqashid sharia which leads to benefit as its substance. The type of research used is field research. The researcher did it directly in the Bantul Religious Court and BMT Projo Artha Sejahtera to obtain concrete data regarding the decision Number 38/ Pdt.G/2019/PA.Btl. This study uses a normative juridical approach so this study includes research in the field of positive law which is then examined using the maqashid sharia concept. The method used is a qualitative research method with three data collection techniques, namely observation, literature study and interview. The results showed that in resolving sharia economic disputes the judge was not only guided by the Law but also considered the maslahah which was the purpose of maqashid sharia. The achievement of this process was carried out by the judge by making an interpretation stating that the BMT did not apply the prudential principle of financing to related customers. With this, the concept of maslahah relating to the resolution of sharia economic disputes in decision number 38/Pdt.G/2019/ PA.Btl are maslahah din, maslahah nafs and maslahah mal. Based on the results of the research and data evidence, default occurs because of the ability of customers who are considered inadequate/able to bear the amount of credit that must be paid each month. This relates to customer income that is smaller than the monthly installment fee. With this, BMT should be more careful in providing financing to the customers, namely actually conducting customer due diligence, especially looking at customer income for each month. Keywords : Maqashid Sharia, Defaulting, Multijasa Ijarah Financing

Item Type: Thesis (Masters)
Subjects: K Law > K Law (General)
Divisions: Pascasarjana Magister UNIDA Gontor > Magister Hukum Ekonomi Syariah
Depositing User: Mr Muhammad Taufiq Riza
Date Deposited: 05 Nov 2020 05:03
Last Modified: 05 Nov 2020 05:03
URI: http://repo.unida.gontor.ac.id/id/eprint/643

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