Karya Ilmiah

DISERTASI (235) - Prinsip Hukum Akad Musyawarakah Mutanaqishah Perbankan Syariah

---

Musyaraka mutanaqishah is an innovation product that was born as an
effort from Sharia Banking to pursue its growth and meeting developed needs of
the society. Its popular use to facilitate residential loan in Indonesia results in
complications when traced to its Sharia root. Using Statute, Conceptual, and Case
approach, it can be concluded that in its purest form, musyaraka mutanaqishah it
is unfit to be used in the context of Indonesian banking.
The type of research in this dissertation is prescriptive normative legal
research, using three approaches, namely Statute Approach, Conceptual

Approach, and Case Approach. While the material of law in this research are: Al-
qur'an and Al-Hadith, primary law material and secondary law material. The

primary legal material is all the rules and legal norms associated with the object of
research while the secondary law material obtained from literature sources,
whether in the form of Al-Qur'an commentary, books, research texts, legal
opinions and all materials related to this research.
The result of this research begins by making a uniform concept of
musyaraka mutanaqishah as its philosophy and characteristics as an instrument of
partnership relations between parties who are able to create financial stagnation
for those who need business capital. The context of shirkah in which places the
parties proportionally objective to achieve the meaning of Justice in an intrinsic
and the legal certainty. Through the formulation of legal principles in the
musyarakah mutanaqishah contract as one of the models in productive business
partnerships, it can be relied on in conformity with sharia principles that represent
maqashid sharia so as to realize prosperity in Islamic perspectives and can broadly
support on national economic growth.
Keywords: Sharia Principles, Musyaraka mutanaqishah, Sharia Banking.

---

Ketersediaan

031227017302

235

Ruang Disertasi

Tersedia

Informasi Detail

Judul Seri

-

No. Panggil

235

Penerbit

Surabaya : Fakultas Hukum Unair., 2018

Deskripsi Fisik

-

Bahasa

Indonesia

ISBN/ISSN

-

Klasifikasi

NONE

Tipe Isi

-

Tipe Media

-

Tipe Pembawa

-

Edisi

-

Subjek

HUKUM PERBANKAN SYARI'AH

Info Detail Spesifik

-

Pernyataan Tanggungjawab

-

Versi lain/terkait

Lampiran Berkas

Komentar

---

Anda harus masuk sebelum memberikan komentar