Resolution of Credit Agreement Disputes Due To Force Majeure From The Perspective of Syariah Banking

This study analyzes the impact of recession on credit contracts in Islamic banking, especially in e-commerce activities. Murabahah-based credit contracts, which are used as financing products based on credit sales, involve the customer's obligation to pay installments according to the agreement. However, recessionary conditions create difficulties for customers in fulfilling their obligations, thus creating the potential for payment delays that can be detrimental to the bank. From an Islamic legal perspective, conditions beyond human control, such as recession, can be categorized as force majeure, which provides a legal basis for customers to delay payments. Legal resolution of this situation requires an approach that accommodates the principle of justice, where the imposition of fines for delayed payments is often viewed as a form of usury by some scholars, because it is considered an addition that is not in accordance with Islamic principles. This study aims to provide a comprehensive understanding of dispute resolution based on the concept of murabahah in Islamic banking, by considering the impact of recession on the sustainability of credit contracts, while offering solutions that are in line with Islamic legal principles and protection of the rights of customers and banks.

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Publication Details

Journal
Ranah Research Journal of Multidisciplinary Research and Development
Published
2024-12-07
DOI
https://doi.org/10.38035/rrj.v7i2.1337
Primary Topic
Legal Studies and Policies
Type
article
Field-Weighted Citation Impact
0.00
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article

Resolution of Credit Agreement Disputes Due To Force Majeure From The Perspective of Syariah Banking

Maman Sudirman, Benny Djaja, Addinur Addinur
Ranah Research Journal of Multidisciplinary Research and Development
Legal Studies and Policies
article

Resolution of Credit Agreement Disputes Due To Force Majeure From The Perspective of Syariah Banking

Maman Sudirman, Benny Djaja, Addinur Addinur
article en

Abstract

This study analyzes the impact of recession on credit contracts in Islamic banking, especially in e-commerce activities. Murabahah-based credit contracts, which are used as financing products based on credit sales, involve the customer's obligation to pay installments according to the agreement. However, recessionary conditions create difficulties for customers in fulfilling their obligations, thus creating the potential for payment delays that can be detrimental to the bank. From an Islamic legal perspective, conditions beyond human control, such as recession, can be categorized as force majeure, which provides a legal basis for customers to delay payments. Legal resolution of this situation requires an approach that accommodates the principle of justice, where the imposition of fines for delayed payments is often viewed as a form of usury by some scholars, because it is considered an addition that is not in accordance with Islamic principles. This study aims to provide a comprehensive understanding of dispute resolution based on the concept of murabahah in Islamic banking, by considering the impact of recession on the sustainability of credit contracts, while offering solutions that are in line with Islamic legal principles and protection of the rights of customers and banks.

Ranah Research Journal of Multidisciplinary Research and DevelopmentVol. 7(2)
Tarumanagara University (ID)
Openalex Percentile: Top 58%
Legal Studies and Policies
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