ANALISIS KONSEP MULTI AKAD DALAM FATWA DSN-MUI DALAM PERSPEKTIF ULAMA FIKIH

Fetri Fatorina, 1323401002 (2017) ANALISIS KONSEP MULTI AKAD DALAM FATWA DSN-MUI DALAM PERSPEKTIF ULAMA FIKIH. Masters thesis, PASCASARJANA IAIN PURWOKERTO.

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Abstract

Hybrid contract is a new contract at the same time alternative for Islamic Banking in order to implement the Islamic Principles and avoid usury. The magnitude of the risk borne by the bank, and the demand to apply Islamic Principles which prohibit usury every transaction, be a reason not to implement the contract in fiqh pure. Hybrid contract law in the jurisprudence is still being debated, some scholars allow, and some forbid it. However, hybrid contract in Islamic banking already have legal protection DSN-MUI fatawa. DSN-MUI legalize the practice of hybrid contract in the Islamic financial institutions particularly Islamic banking the contract does not contained a gharar, juhalah, and usury. From there is need for research on the hybrid contract with the formulation of the problem of how the concept of hybrid contract in DSN-MUI fatawa applied to the financing of Islamic Banking products? How the views of jurists on the concept of hybrid contract based DSN-MUI fatawa applied to the financing of Islamic banking Products?. Contract or the contract is the relationship between consent and qabul according to the provisions of Personality who creates legal effect on the object. Hybrid contract is a combination of several contract pooled into one contract , in which the rights and obligations of the resulting law is seen as a result of the contract. This study is a library research in which researcher examined the written sources containing hybrid contract in jurisprudence, DSN-MUI fatwa, and its application in Islamic banking. Data were taken from contemporer book of contemporary fiqh that discuss hybrid contract, DSN-MUI fatwa containing hybrid contract, and book that discuss that application of hybrid contract in Islamic banking. The method used was content analysis, descriptive, comparative with juridical normative approach. The result of this study is that the concept of hybrid contract covenants applicable to the financing in Islamic Banking product are storey hybrid contract were the contract is valid and whether the hybrid contract depend on whether the contract is valid and the first. The second contract executed after the first contract is completed or after the expiration of the first contract. Hybrid contract which allowed is a contract carried out separately between one contract with another contract. While hybrid contract prohibited is a contract that was conducted simultaneously in one time.

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