Review of Hybrid Contract of Sharia Banking from the Perspective of Maqashid Syariah

Background. Multi-contract (hybrid contract) is currently widely applied in Sharia Banking. The contract is used in various transactions in Sharia Banking products such as the Ijarah Muntahiyah Bit Tamlik and Musyarakah Mutanaqishah contracts. In practice, the application of the multi-contract raises schematic problems, but Sharia Banking still applies the contract. It is interesting to study the practice of multi-contract in Sharia Banking from the aspect of maqasis sharia. Maqasid sharia analysis is used to see the maslahah side. Aim. This study aims to review the practice of multi-contract in Sharia Banking in the perspective of maqasid sharia. Methods. This study uses library research. Results. The results of this study indicate that the jurists (fukaha) agree on the permissibility of multi-contracts, but the validity of the results of the merger depends on what contracts are combined. The elements prohibited by the maqashid sharia in this hybrid contract include coercion, elements of fraud to gain profit, and no one is harmed between the two parties.

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Publication Details

Journal
Jurnal At-Tahdzib
Published
2024-09-30
DOI
https://doi.org/10.61181/at-tahdzib.v12i2.399
Primary Topic
Islamic Finance and Banking Studies
Type
article
Field-Weighted Citation Impact
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article

Review of Hybrid Contract of Sharia Banking from the Perspective of Maqashid Syariah

Imam Kamaluddin, Taufiq Ismail
Jurnal At-Tahdzib
Islamic Finance and Banking Studies
article

Review of Hybrid Contract of Sharia Banking from the Perspective of Maqashid Syariah

Imam Kamaluddin, Taufiq Ismail
article en

Abstract

Background. Multi-contract (hybrid contract) is currently widely applied in Sharia Banking. The contract is used in various transactions in Sharia Banking products such as the Ijarah Muntahiyah Bit Tamlik and Musyarakah Mutanaqishah contracts. In practice, the application of the multi-contract raises schematic problems, but Sharia Banking still applies the contract. It is interesting to study the practice of multi-contract in Sharia Banking from the aspect of maqasis sharia. Maqasid sharia analysis is used to see the maslahah side. Aim. This study aims to review the practice of multi-contract in Sharia Banking in the perspective of maqasid sharia. Methods. This study uses library research. Results. The results of this study indicate that the jurists (fukaha) agree on the permissibility of multi-contracts, but the validity of the results of the merger depends on what contracts are combined. The elements prohibited by the maqashid sharia in this hybrid contract include coercion, elements of fraud to gain profit, and no one is harmed between the two parties.

Jurnal At-TahdzibVol. 12(2)
University of Darussalam Gontor (ID)
Openalex Percentile: Top 72%
Islamic Finance and Banking Studies
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Review of Hybrid Contract of Sharia Banking from the Perspective of Maqashid Syariah — Imam Kamaluddin, Taufiq Ismail · Jurnal At-Tahdzib (2024) | TGRS Research Map | TGRS