Breach of contract: an Indonesian experience in credit akad of sharia banking

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Ayup Suran Ningsih, Hari Sutra Dise

2019 Ijtihad: Jurnal Wacana Hukum Islam dan Kemanusiaan Vol. 19 Issue 1 Article Cited by 15 Quartile

Abstract

This research aimed at determining and analyzing the implementation of profit-sharing concept in Islamic banking credit agreements based on regulations in force in Indonesia and also finding out the defaults undertaken by customers in Islamic banking credit agreements. The method used in this research was normative juridical, meant as a method that puts forward secondary data in the form of primary, secondary and tertiary legal materials. The secondary data in question were such as Law Number 21 of 2008 concerning Sharia Banking, related books, and legal research journals. This research was based on the high community needs for capital to achieve the objectives of a business into a separate phenomenon. This research found that the concept of muamalah on the teachings of Islam that Muslims want to adhere to is one of the reasons for the birth of the concept of Islamic banking in Indonesia. Besides, the concept of profit sharing is one of the concepts known in Islamic banking. Another finding of this research was that the risk of breach of contract by the customer is a necessity. © 2019, Ijtihad: Jurnal Wacana Hukum Islam dan Kemanusiaan. All Rights Reserved.

Affiliations

Fakultas Hukum, Universitas Negeri Semarang, Indonesia; Fakultas Hukum, Universitas Diponegoro, Indonesia