Thesis
Published
ANALYSIS OF SHARIAH DISPUTES POTENTIAL OF HYBRID CONTRACT FINANCING IN ISLAMIC BANKS
Abstract
Islamic banking in Indonesia continues to grow and develop yearly, supported by 14 Islamic Commercial Banks, 19 Islamic Business Units, and 173 Islamic Rural Banks. However, the value of Non-Performing Financing (NPF) assets in Islamic banks has also been increasing annually, indicating underlying issues in the financing products offered. To address this problem, this study highlights the potential sharia disputes that may arise.
This research aims to examine and reveal sharia disputes in multi-contract financing, specifically Ijarah Muntahiyah Bittamlik (IMBT), Musharakah Mutanaqisah (MMQ), and Rahn, by referring to national sharia standards such as the DSN-MUI fatwas, the Compilation of Sharia Economic Law (KHES), and international sharia standards set by the Accounting and Auditing Organization for Islamic Financial Institutions (AAOIFI) and the Islamic Financial Services Board (IFSB). This study assumes that Sharia disputes can occur in financing services within Islamic banks, necessitating adequate financial literacy as a preventive measure.
This research employs a qualitative descriptive method, collecting data through literature review documentation from primary, secondary, and tertiary legal sources. Data analysis is conducted using content analysis with the Atlas.ti software.
The findings of this study indicate potential sharia disputes in Islamic banks' multi-contract financing. In IMBT contracts, potential disputes include early settlement issues, breaches of contract due to declining repayment ability, financing failure leading to asset sales during the contract period, contract termination through asset sales, asset damage, ownership transfer, and changes in financing contracts. In MMQ contracts, disputes may arise due to insurance coverage breaches, financing failure, conversion in financing contracts, and ownership transfer. Finally, in Rahn contracts potential sharia disputes include breaches of contract due to payment defaults and ownership transfers upon financing maturity.
Publication Details
InstitutionUniversitas Darussalam Gontor
DepartmentIslamic Economics Law
SubjectsH Social Sciences > HC Economic History and Conditions
H Social Sciences > HG Finance
K Law > KZ Law of Nations
H Social Sciences > HG Finance
K Law > KZ Law of Nations
KeywordsSharia Disputes Potential, Hybrid Contract, Islamic Bank.
Item ID7602
Deposited28 Apr 2025 13:15