Abstract
Introduction to The Problem: In order to guarantee the legal certainty for the Islamic banking customer in murābaḥah financing is the requirement of mortgage right. The bank customer may use mortgage right as collateral in murābaḥah financing. Furthermore, the right can be implemented in the indebtedness, which is different from debt. Purpose/Objective Study: This research aims to find out the contract ( al-‘ aqd ) that is used by the shariah bank to implement the mortgage rights in murābaḥah financing. Design/Methodology/Approach: This study is normative juridical research with emphasis beginning on a legal event and then looking for references to a norm system. Therefore, this legal research is conducted by examining primary and secondary legal materials, and non-legal materials relating to the application of Mortgage Rights in Financing, especially for murābaḥah financing. In this study, the approach was the statute approach by examining all laws and regulations relating to legal issues, and case approach by examining several cases that have a relationship with the legal issues to be discussed. Findings: The result of this study is that the implementation of mortgage right in murābaḥah financing is the possibility of using another contract made by sharia banking with its customers; the contract of acknowledgment of debt. This basis is used as the justification of the implementation of mortgage rights in murābaḥah financing.
Highlights
Introduction to The ProblemIn order to guarantee the legal certainty for the Islamic banking customer in murābaḥah financing is the requirement of mortgage right
Analysis and Results Shariah banks are banks that operate under Shariah principles, which means the procedures operate according to the provisions of the Quran and Hadith
The meaning of banks operating under Shariah principles is that banks operate based on Shariah provisions, especially those concerning the procedures for Islamic social interaction
Summary
Introduction to The ProblemIn order to guarantee the legal certainty for the Islamic banking customer in murābaḥah financing is the requirement of mortgage right. Design/Methodology/Approach: This study is normative juridical research with emphasis beginning on a legal event and looking for references to a norm system This legal research is conducted by examining primary and secondary legal materials, and non-legal materials relating to the application of Mortgage Rights in Financing, especially for murābaḥah financing. Findings: The result of this study is that the implementation of mortgage right in murābaḥah financing is the possibility of using another contract made by sharia banking with its customers; the contract of acknowledgment of debt. Financial institutions offer easy access for customers to get money loans for business needs and personal goods needs with a system of paying installments along with the interest set This practice is certainly not in line with the Islamic view because interest is usury, and usury is a prohibited act (Haryoso, 2017). That is why many scholars state that banking in a country is one of the agents of development
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