Karya Ilmiah
TESIS (1153) - Kedudukan Hukum Bank Dalam Murabahah Menurut Perspektif Syariah dan Praktek di Bank Syariah
This study aims to determine and analyze the concept of murabaha financing by the Islamic
sharia, to know and analyze the implementation of murabaha financing in Islamic banks do with
the position bank suitable with sharia law.
This study is a normative legal research, using the approach of legislation (the Statute approach)
and approaches the concept (conceptual approach). Legal materials are the primary legal
materials, secondary legal materials and legal materials tertiary, which are collected through
literature study. Further data descriptively analyzed qualitatively.
These research results show: First draft murabaha financing by the Islamic Shari'a is the
provision of funds or bills equivalent of buying or selling in the form of receivables murabaha,
based on the agreement or agreements between Islamic banks and / or UUS and others who
require the funded and / or a given facility to refund money after a certain period. Both the
implementation of murabaha financing in Islamic banks (Bank Muamalat of Indonesia and Bank
Syariah BRI) there is a mismatch of sharia principles. Third efforts necessary to maintain the
purity of Islamic principles is to run have long strived eliminate things that cause these
deviations. As for the short term is that the process murabaha financing should be done in two
akad. Akad first, the goods purchase and sale agreement between the seller and the bank. The
second covenant is the covenant murabaha financing between the bank and the customer. Then
if in the process of the banks providing financing to customers wakalah, then it must have
wakalah signed before the first deed was signed.
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