Karya Ilmiah
DISERTASI (155) - Prinsip Syari'ah Dalam Akad Murabahah di Perbankan Syari'ah
This dissertation title : “Sharia principles in Murabahah Agreement in Islamic
Banking”. In this dissertation, the writer suggested the function and nature of
Islamic principles (Sharia), which as a foundation in formulating the contract in
Islamic banking, Islamic banking As known together as the intermediary financial
institution. In carrying out Islamic banking should be submissive and obedient to
Islamic Principles (Sharia) compliance, which in Islamic banking supervision
established National Islamic principles (Sharia) board of supervisors.
The Characteristics of murabahah contract is a form of sale, where the sale and
purchase of the benefit provisions agreed by all parties. For further the customer
will have the representative of Islamic banking to buying and selling to the third
party. The model and type of this research is using Legal research type, the
problem approach is done with the law approach, conceptual approach, case
approach.
The research findings of this paper is, first, the formulation of Murabahah
contract can be run as appropriate to ensure the Islamic principles (Sharia). then
just one contract of Murabahah transactions in a single transaction, which is the
customer just makes murabahah with Islamic banking. So it shall not involve a
third party, because it will be more efficient as economically. Secondly, for the
formulation of Murabahah contract with Islamic principles (sharia), especially on
the state of bankruptcy must be put forward to the next state of completion for the
Customer's bankruptcy as highlighting the completion of the using funds drawn
from the reserve fund created by the Islamic bank, it is not executed directly by
mortage right model encumbrance as applicable today. The formulation of
Murabahah on dispute settlement should be established special courts on the
grounds of Islamic principles (sharia) law, and those who are not Muslim should
be submissive and obedient to the rules of Islamic banking.
Keywords : Sharia Principles, Murabahah Agreement, Islamic Banking.
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