Open AccessJaminan Fidusia dalam Pembiayaan Murabahah: antara Jual Beli dan Hutang Piutang
Author(s) -
Abdul Azis,
Nur Hidayah,
Moch Bukhori Muslim
Publication year - 2021
Publication title -
al-manahij : jurnal kajian hukum islam/al-manahij
Language(s) - English
Resource type - Journals
eISSN - 2579-4167
pISSN - 1978-6670
DOI - 10.24090/mnh.v15i2.5243
Subject(s) - collateral , business , fiduciary , accounts payable , database transaction , scope (computer science) , finance , law , payment , computer science , political science , duty , programming language
The issue of shifting from sale and purchase transactions to service transactions due to the binding of collateral with a mortgage or fiduciary rights can become a transaction that is null and void. Solving legal issues related to how the concept of binding collateral needs to be seen in an ontological and philosophical scope. The binding of collateral on murabahah financing should be based on the existence of customer obligations for purchases that have not been paid off based on the Sharia Banking Law. The binding of collateral on murabahah transactions can also be carried out with mortgage rights or fiduciary guarantees based on the existence of customer obligations for purchases that have not been paid off as guided by the Mortgage Law and the Fiduciary Guarantee Law which has accommodated the binding of collateral by basing other main agreements other than the main agreement due to accounts payable.