Reconstruction of Financing Agreement Based on the Principle of Profit and Loss in Sharia Banking
The main purpose of this paper is to provide an analysis that with the reconstruction of the contract that is based on sharing profits and losses it will form a model contract that has Islamic values, maslahat and justice. In the practice of sharia banking in Indonesia, the financing agreement based...
| Main Authors: | , |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
Hasanuddin University
2016-04-01
|
| Series: | Hasanuddin Law Review |
| Subjects: | |
| Online Access: | http://pasca.unhas.ac.id/ojs/index.php/halrev/article/view/211/138 |
| _version_ | 1818969068378521600 |
|---|---|
| author | Trisadini Prasastinah Usanti Abdul Shomad |
| author_facet | Trisadini Prasastinah Usanti Abdul Shomad |
| author_sort | Trisadini Prasastinah Usanti |
| collection | DOAJ |
| description | The main purpose of this paper is to provide an analysis that with the reconstruction of the contract that is based on sharing profits and losses it will form a model contract that has Islamic values, maslahat and justice. In the practice of sharia banking in Indonesia, the financing agreement based on the principle of profit and loss sharing in form standard does not fully reflect the characteristic of the contract. Approach used is legislation approach, conceptual approach and contract approach. Legal materials consist of primary legal materials and secondary legal materials. The study is helpful in practice sharia banking, namely the model of financing contract based on the principle of profit and sharing. Standard contracts in sharia banking serve as a form of legal frame that can be reconstructed. The characteristics of the contract is based on the principle of profit and loss sharing which state is that no one is justified to get a profit without having to bear the business risk. |
| first_indexed | 2024-12-20T14:14:42Z |
| format | Article |
| id | doaj.art-b735090d75764e1490572998914b3c67 |
| institution | Directory Open Access Journal |
| issn | 2442-9880 2442-9899 |
| language | English |
| last_indexed | 2024-12-20T14:14:42Z |
| publishDate | 2016-04-01 |
| publisher | Hasanuddin University |
| record_format | Article |
| series | Hasanuddin Law Review |
| spelling | doaj.art-b735090d75764e1490572998914b3c672022-12-21T19:38:05ZengHasanuddin UniversityHasanuddin Law Review2442-98802442-98992016-04-0121102310.20956/halrev.v1n1.211Reconstruction of Financing Agreement Based on the Principle of Profit and Loss in Sharia BankingTrisadini Prasastinah Usanti0Abdul Shomad1Faculty of Law, Airlangga UniversityFaculty of Law, Airlangga UniversityThe main purpose of this paper is to provide an analysis that with the reconstruction of the contract that is based on sharing profits and losses it will form a model contract that has Islamic values, maslahat and justice. In the practice of sharia banking in Indonesia, the financing agreement based on the principle of profit and loss sharing in form standard does not fully reflect the characteristic of the contract. Approach used is legislation approach, conceptual approach and contract approach. Legal materials consist of primary legal materials and secondary legal materials. The study is helpful in practice sharia banking, namely the model of financing contract based on the principle of profit and sharing. Standard contracts in sharia banking serve as a form of legal frame that can be reconstructed. The characteristics of the contract is based on the principle of profit and loss sharing which state is that no one is justified to get a profit without having to bear the business risk.http://pasca.unhas.ac.id/ojs/index.php/halrev/article/view/211/138ContractFinancing AgreementProfit and Loss Sharing PrincipleSharia Banking |
| spellingShingle | Trisadini Prasastinah Usanti Abdul Shomad Reconstruction of Financing Agreement Based on the Principle of Profit and Loss in Sharia Banking Hasanuddin Law Review Contract Financing Agreement Profit and Loss Sharing Principle Sharia Banking |
| title | Reconstruction of Financing Agreement Based on the Principle of Profit and Loss in Sharia Banking |
| title_full | Reconstruction of Financing Agreement Based on the Principle of Profit and Loss in Sharia Banking |
| title_fullStr | Reconstruction of Financing Agreement Based on the Principle of Profit and Loss in Sharia Banking |
| title_full_unstemmed | Reconstruction of Financing Agreement Based on the Principle of Profit and Loss in Sharia Banking |
| title_short | Reconstruction of Financing Agreement Based on the Principle of Profit and Loss in Sharia Banking |
| title_sort | reconstruction of financing agreement based on the principle of profit and loss in sharia banking |
| topic | Contract Financing Agreement Profit and Loss Sharing Principle Sharia Banking |
| url | http://pasca.unhas.ac.id/ojs/index.php/halrev/article/view/211/138 |
| work_keys_str_mv | AT trisadiniprasastinahusanti reconstructionoffinancingagreementbasedontheprincipleofprofitandlossinshariabanking AT abdulshomad reconstructionoffinancingagreementbasedontheprincipleofprofitandlossinshariabanking |