RECONSTRUCTION OF MURABAHA SALE AND PURCHASE AGREEMENT WITH WAKALAH IN ISLAMIC BANK BASED ON JUSTICE VALUEJournal: International Journal of Advanced Research (Vol.8, No. 02)
Publication Date: 2020-02-18
Authors : Minanul Aziz Gunarto; Ahmad Khisni;
Page : 1399-1406
Keywords : Reconstruction Murabaha Wakalah Justice Value;
In general, Murabaha transactions in Islamic banks in Indonesia are by Wakala, i.e. the Sharia Bank appoints to the customer to buy the goods to be sold. When the bank appoints the customers, it is suspected that there are many violations of sharia lawAs the customers who become the representatives generally do not understand the requirements and principles of Murabaha and wakala contract, many violations might occur so that the wakala given to the customer can be invalid. If so, then subsequently, the Murabaha contractbetween bank and customer may also be invalidThus, according to the presumption, there is a gap between what should be (das Sollen) and the existing social facts (das Sein).Based on the above reasons, the researcheris interested in conducting research with the main problem are what the weaknesses in the implementation of a Murabaha sale agreement with Wakalah in Islamic Banks in Indonesia currently and how to reconstruct the sale and purchase of Murabaha with Wakalah in Islamic banks based on Justice value. The study was done using the constructivism paradigm and the type of research is a qualitative study with a socio-legal approach.Research shows that the weaknesses are that The bank handing over cash to customers to buy goods to third parties or suppliers in cash causes customers to become bank representatives often purchase goods to third parties not in accordance with what is intended by the bank as the party who appoints and customers who become bank representatives commit tyranny, or injustice by consuming property that is not their right, do not return the excess money to the bank if the goods purchased are below the agreed price. Reconstruction carried out is through Murabaha contract with non-cash wakāla, i.e customers are only a bank representative to buy goods, the bank does not hand over money to the customer, but the price of goods is directly paid by the bank through the suppliers account.
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Last modified: 2020-03-28 19:55:24