Multi Contract Research Articles

Implementasi Multi Akad Dalam Transaksi Ekonomi Syariah

The renewal of muamalah contracts is very important for the development of more dynamic, progressive and innovative Islamic banking products, so that they can compete with existing conventional banking products. The purpose of this study was to examine the legal basis and design of these multiple contracts and their application in Islamic banking products. The method used in this research is library research. with research. The results of this study are that one of the constructive efforts that is very helpful in developing Islamic banking products is al-jam'u bainal uqud/multi contract, this is a new contract that has never been discussed in classical fiqh books. Scholars allow these multiple contracts as long as they do not violate Islamic principles and values ​​because the purpose of the contracts is to clarify rights and obligations and avoid tyranny that leads to the benefit of humans in this world and the hereafter. Multi contracts in musyarakah mutanaqishah products, namely, syirkah, ijarah, and buying and selling, these contracts form one product, in ijarah Muntiyah bit-tamlik, namely wa'd contracts (promises), ijarah and buying and selling also form one product. These contracts become integrated or there is ta'alluq or attachment and linkages between contracts.
 Keywords: Multi Contract, Musyarakah Mutanaqisah, Ijarah Muntakiya Bit-Tamlik

Studi Komparatif Hukum Positif dan Hukum Islam Terhadap Hybrid Contract Pada Bank Syariah

This study discusses the comparative study of positive law and Islamic law on hybrid contracts in Islamic banks. The main problem is reviewing Positive and Islamic Laws on Hybrid Contracts in Islamic Banks. This article is a research library (Library Research). The data source for this article comes from the journals and books relevant to this discussion. The results of the research of this article indicate that a Multi contract or joint contract, or Hybrid Contract (al-'Uqud al-Murakkabah) is the application of two or more contracts in one transaction as a single transaction that is inseparable from each other. Sharia Bank is a Bank based on Islamic law, based on the Qur'an and Hadith. All products and services offered must not conflict with the contents of the Qur'an and Hadith. Hybrid contracts originate from a contract and develop and change. As a development, the hybrid contract has fulfilled the requirements for forming a contract with the elements and pillars of a hybrid contract similar to the elements and pillars of a Sharia contract. The hybrid contract element in Islamic banking follows the principles of contract and the provisions of Islamic law and is allowed in Islamic banking.

Istihsan Concept in Multi Contract Online Transactions of Go-Food Services in The Go-Jek Application

Technological developments are very influential on the lives of the world's people, one of which is used for business purposes or known as Electronic Commerce (E-Commerce). Several E-Commerce facilities such as online transportation, online payments, online shopping, are practical facilities that are in great demand by the public. As an online food delivery service known as Go-Food. Go-Food application transactions or food orders have several contracts (multi-contract). This research is a field research. The data collected is analyzed descriptively qualitatively, that is, describes as clearly as possible the related data, then concluded deductively, that is, draws conclusions from statements that are general to specific. So that understanding the research results can be easily understood and understood. Some of the contracts in Go-Food transactions are as follows: PT. Go-Jek and merchants. PT. Go-Jek with merchants is an ijarah agreement. Transactions between Pt. Go-Jek and Driver, a collaboration between Go-Jek and drivers and known as the cooperation system (Syirkah). Contract between the consumer and the driver, if the consumer makes a payment using his own go-pay system, the transaction that occurs between the two is buying and selling, but if it is in cash, then there is a wakalah contract, here it will also be a qardh contract because the consumer owes it to the driver. Contracts between drivers and merchants, there are buying and selling activities between drivers and merchants, buying and selling represented by the driver to the merchant, representative transactions like this in Islamic law are known as wakalah contracts. With the istihsan method, economic activities that provide convenience and good benefits without harm and injustice to mankind can be answered and proven by the istihsan method, so that sharia economic activities can always exist and can compete with conventional economics.

Analisis Implementasi Akad Hybrid Contract Murabahah bil Wakalah di Bank BJB Syariah Kc Bogor Jabar

Financing is one of the important activities in the banking world because it is the main source of income and is one of the supporting businesses of the bank. Murabahah is a sale and purchase contract in sharia economy where the selling price of the goods is in the form of the cost of goods plus profits and has been agreed upon by both parties. Wakalah is giving or delegating the power of a job to another person as long as it does not violate the syara' law. Hyrid contract is two contracts that are united in one transaction (multi contract). One of the hybrid contracts in Islamic banks is the murabahah bil wakalah contract. Murabahah bil wakalah contract is a combination of two contracts in which the wakalah contract is used before the murabahah sale and purchase contract. The purpose of this study was to analyze how the implementation of the hybrid contract agreement on murabahah bil wakalah at Bank BJB Syariah Bogor Branch. This research uses descriptive qualitative method. The data used comes from primary data in the form of documentation and the results of interviews with staff account officers of Bank BJB Syariah Bogor Branch. The results of this study indicate that in its implementation Bank BJB Syariah Bogor Branch has complied with the DSN-MUI fatwa No.4/DSN-MUI/IV/2000 regarding murabahah. The advantages of murabahah bil wakalah are that it makes it easier for banks to process financing, is more flexible in modern financing needs and is less risky. While the weakness of the murabahah bil wakalah contract is that there is often misuse of funds by customers, such as the purchase of goods that are not in accordance with the RAB that has been agreed upon by the bank and the customer. With this result, Bank BJB Syariah Bogor Branch must continue to be consistent in managing sharia banking products so that the sharia economy can continue to grow and develop.

Analisis Implementasi Akad Hybrid Contract Murabahah bil Wakalah di Bank BJB Syariah Kc Bogor Jabar

Financing is one of the important activities in the banking world because it is the main source of income and is one of the supporting businesses of the bank. Murabahah is a sale and purchase contract in sharia economy where the selling price of the goods is in the form of the cost of goods plus profits and has been agreed upon by both parties. Wakalah is giving or delegating the power of a job to another person as long as it does not violate the syara' law. Hyrid contract is two contracts that are united in one transaction (multi contract). One of the hybrid contracts in Islamic banks is the murabahah bil wakalah contract. Murabahah bil wakalah contract is a combination of two contracts in which the wakalah contract is used before the murabahah sale and purchase contract. The purpose of this study was to analyze how the implementation of the hybrid contract agreement on murabahah bil wakalah at Bank BJB Syariah Bogor Branch. This research uses descriptive qualitative method. The data used comes from primary data in the form of documentation and the results of interviews with staff account officers of Bank BJB Syariah Bogor Branch. The results of this study indicate that in its implementation Bank BJB Syariah Bogor Branch has complied with the DSN-MUI fatwa No.4/DSN-MUI/IV/2000 regarding murabahah. The advantages of murabahah bil wakalah are that it makes it easier for banks to process financing, is more flexible in modern financing needs and is less risky. While the weakness of the murabahah bil wakalah contract is that there is often misuse of funds by customers, such as the purchase of goods that are not in accordance with the RAB that has been agreed upon by the bank and the customer. With this result, Bank BJB Syariah Bogor Branch must continue to be consistent in managing sharia banking products so that the sharia economy can continue to grow and develop.

Detailed Review of Different Security Techniques for Data Protection in Cloud Computing

Now, a day’s Data protection in cloud has become a vital and tremendously increasing technology. Many international organizations are listening in cloud computing and its wonderful features but they're troubled about the protection, privacy, and availability of data because it rests in the cloud. Cloud computing contains plenty of security issues that are in advance great attention nowadays, as well as the information shield, network security, virtualization security, application integrity, and identity management. Data protection is one among the foremost important security issues, because organizations won’t relocate its data to remote machines if there isn't any guaranteed data protection from the cloud service providers. A lot of techniques are recommending for data protection in cloud computing, but there are still plenty of challenges during this subject. The leading popular security techniques contain SSL (Secure Socket Layer) Encryption, Intrusion Detection System; Multi contract based Access Control, etc. also, security techniques for data protection are visiting recommending so on acquire improved security in cloud computing.

Multi Contract as A Legal Justification of Islamic Economic Law for Gold Mortgage Agreement in Islamic Bank

In recent years, the gold mortgage agreement has become one of the excellent products in Islamic banks. Practically, the gold mortgage agreement to the customer uses the principle of qard with the guarantee of gold in question through the pledge agreement (al-rahn). Gold as a property shall be the object of debt security placed in the control and maintenance of the Islamic bank with certain fee (al-ijarah). The selected object is focused on the multi-contract of gold mortgage agreement at PT. Bank Syariah Mandiri Tbk. This research uses the combination between bibliographical and empirical methods which is supported by primary and secondary data from relevant literature and interview with the informan, and also analysis of the data uses deductive-inductive approach. The result of this study indicates that gold mortgage agreement at PT. Bank Mandiri Syariah used sharia multi-contract or mutanaqishah contract, in which there were combining gratuitous contract (al-tabarru’) and compensational contract (al-tijarah). In the classical Islamic economic law perspective, it looks like a legal justiciation (hilah syar’iyyah) which prohibited taking the excessive benefits from the provision of additional debt (al-ziyadah) and other benefits to cover usury in the practice of ujrah for custodial services, but some opinion of legal jurits allowed it based on the reason that it is included in hilah syar’iyyah mahmudah and also relevant to the principle of adillah al-syar’iyyah and Fatwa DSN-MUI Number: 25/DSN-MUI/III/2002 on Rahn, Article 1320 Civil Code, and the Islamic Banking Law Number 21 of 2008.

MULTI AKAD (HYBRID CONTRACT) INOVASI PRODUK LEMBAGA KEUANGAN SYARIAH

One of the parameters to assess whether a product meets sharia principles or not is to pay attention to the contracts and the various conditions used in the product. Products in Islamic finance activities, if against them are carried out by al-takyif al-fiqhi, some or even the majority of them contain several contracts. For example, in sharia credit card transactions there are ijarah, qardh and kafalah contracts, Islamic bonds contain at least mudharabah (or ijarah) and wakalah agreements, and sometimes with kafalah or wa'd, Islamic Swap contains several times the bargruq contract, bai ', wakalah, sharf and sometimes or always accompanied wa'ad. In every transaction, the contracts are carried out simultaneously or at least every contract contained in a product cannot be abandoned, because all of them are one entity. Such transactions are termed the multi contract (hybrid contract) which is now in the terminology of contemporary muamalat fiqh (fiqh al-mu'amalat al-maliyah al-mu'ashirah) called al-'uqud al-murakkabah.

Al-Wa‘d as Muhallil of Multi Contract (Ambiguity of Applying Al-Wa’d in Modern Transaction)

Wa’d (the unilateral promise) is an alternative for separate multi contract in one transaction and ribâ that are prohibited with Islamic law. The application of this promise faces difficulty because of difference of principle between unilateral promise that is not binding and the business practice that based on rule of law. The fatwa of DSN, in one side, use both unilateral promise ( wa’d ) and bilateral promise ( muwâ’adah ), and other side, consider such as binding in case and not binding in other case. This indicates the difficulty for applying wa’d at the modern contract. Fatwa of DSN has tendency on binding the promise, especially uni-lateral promise. The consequence of this binding is the confusion between promise and contract and the perform of both at the transaction. Copyright (c) 2016 by KARSA. All right reserved DOI: 10.19105/karsa.v24i2.1003

ANALISIS NORMATIF-FILOSOFIS FATWA DEWAN SYARI’AH NASIONAL MAJELIS ULAMA’ INDONESIA (DSN-MUI) TENTANG TRANSAKSI JUAL BELI PADA BANK SYARI’AH

DSN-MUI uses trade transactions in Islamic financial institutions in order to avoid interest rate system. Moral and legal issues had became the important thing in the formulation of trade transaction in syariah banking, since the concern about the system of interest that still exist in syariah banking’s trade transaction. This means that the trade transaction on syariah banking according to fatwa DSN-MUI still contains usury (riba). This paper intends to explore the important things about the rules and practices of trade transaction on the syariah banking according to DSN-MUI. This study concluded that DSN-MUI performs ijtihād taṭbīqī to facilitate the concept of trade operations on syariah banking. DSN-MUI’s fatwa about trade transaction appears to correspond to a normative concept of fiqh. It's just that there is ambiguity in the salam and istithnā' contract and less attention to the philosophy of trade. The trade transactions were reduced as provision of funds for purchasing of goods, with multi contract institutions. The use of supporting contracts that are not true will potentially lead to morality inconsistencies in trade transactions.

IMPLEMENTASI “AL-’UQUD AL-MURAKKABAH” ATAU “HYBRID CONTRACTS” (MULTI AKAD) GADAI EMAS PADA BANK SYARIAH MANDIRI DAN PEGADAIAN SYARIAH

Abstract: The practice of gold pawning in Bank SyariahMandiri and Pawn often reapsthe doubting regarding the correctness of these products. These doubts arise because of the imposition of a multi contract. Likewise the use of multi-contract and calculation of the cost of storage leases (Ijara) carried out by the Islamic pawnshop raised doubts about the correctness of the sharia pawn contract. The doubt arises because there is a provision of Law Compilation of SyariahEconomics and DSNMUI Fatwa which has been violated. The aim of this study was to obtain an overview of the settings in practice use of multi syariah pawn contract in the contract carried out by the Islamic pawnshop connected with Perma No. 2 In 2008 about Law Compilation of Islamic Economics as well as to obtain certainty about the legal consequences of Storage Fee Calculation Lease (Ijara) in the lien contract carried out by the Islamic pawnshop associated with DSN MUI Fatwa No. 25 / DSN-MUI / III / 2002 on Rahn.

Pitfalls of Waiver Agreements under Article 192 PILS in Multi–Contract Settings: Some Remarks on Swiss Federal Court Decision 134 III 260

Pitfalls of Waiver Agreements under Article 192 PILS in Multi–Contract Settings: Some Remarks on Swiss Federal Court Decision 134 III 260

Elliniko Extension of Athens Metro – Project Description, Structuring and Implementation

AbstractThe present paper describes the main aspects of a metro extension project in Athens – extension of line 2 to Elliniko. The general project characteristics – resembling the character of typical metro projects in a congested urban environment – the project benefits, the geology and geotechnical information, the construction methods and other special issues are presented, while the impacts of archaeology and the searching and deactivation of bombs buried from the World War II offer challenges that need to be addressed with minimum impact to the project. The project organization and structuring is also presented for a multi contract implementation with one main contractor and several smaller ones, while the project funding, budget‐cost breakdown and time schedule aspects are also addressed and compared to previous projects.