Journal Article
Published
HYBRID CONTRACT ON ISLAMIC MORTGAGES PRODUCT USING MURABAHAH AGREEMENT (BANK SYARIAH MANDIRI PONOROGO)
Abstract
Islamic banking is required to innovate with hybrid contracts, as the single contract is unable to
respond to contemporary financial transactions. One of the Islamic banking products adapted from
conventional banking is Islamic Mortgages (KPRS) which is applied using Murabahah, Ijarah
Muntahiyyah Bi at-Tamlik (IMBT) and Mutanaqisah Mutanaqisah, but Murabahah contract still
dominates compared to other akad. Nevertheless, Murabahah contract still raises a lot of debate
because it contains hybrid contracts that are still a debate of scholars. In addition, KPRS products with
murabahah schemes and IMBT are considered controversial products formulated from the Hilah
method. The Murabahah Akad pattern is also often considered the same as conventional banking credit
patterns. This article uses a qualitatively descriptive approach to which data sources are obtained with
interviews, observations and documentation that are then analyzed inductive. Finally, this article found
that KPRS products in Bank Syariah Mandiri use the Murabahah bil Wakalah contract which is hybrid
contracts. Wakalah contract is a grant of power from the bank to the customer for home price
negotiation to the developer not for home purchase. This is to reduce the risk of side streaming and the
risk of return of goods. The merger of Murabahah contract and Wakalah contract has obeyed the
sharia rules and does not contain the haraam which is forbidden because it contains a mashalah for
banks and customers.
Publication Details
JournalTasharruf: Journal Economics and Business of Islam
Volume5 (1)
Pagespp. 71-86
ISSN2528-0317
SubjectsK Law > K Law (General)
KeywordsHybrid Contracts; Islamic Mortgages; Murabahah bil Wakalah;
Item ID1816
Deposited06 Nov 2022 01:47