Aspek Hukum Jaminan Dalam Perbankan Syariah
| Main Author: | Simanjuntak, Komis |
|---|---|
| Other Authors: | Syah, H. Abdullah, Thaib, H. Hasballah, Nasution, Bismar |
| Format: | Masters |
| Bahasa: | ind |
| Subjects: | |
| Online Access: |
http://repository.usu.ac.id/handle/123456789/29419 |
Daftar Isi:
- As a form of prudential behavior of banks in channeling of funds through financing schemes through this sharing, before granting credit or financing, shariah bank must conduct a thorough assessment of the character, ability, capital, collateral, and business prospects of the Debtors. The five elements are often called credit 5C (character, capital, capacity, collateral and condition of the economy). In fact, the guarantee is to determine the level of security provided by bank financing. In addition, the presence of collateral becomes very important, and this corresponds to the basic philosophy of bank funds, as mentioned above, namely that the bank funds are customer funds, public funds, which therefore must be protected and used very carefully. The method used in this research is normative. Normative research method known as doctrinal studies (doctrinal research) is a study that analyzed the law both written in the book (law as it is written in the book), or the law that was decided by the judge through the court process (law it is decided by the judge through judicial process). Normative legal research in this study based on secondary data and emphasize steps speculative-theoretical and normative analysis-qualitative. The concept of security in Islamic law (fiqh) is divided into two; guarantee that a person (personal Guaranty) and collateral in the form of property. Assurance that such people are often known by the term dlaman or kafalah, while the collateral in the form of property known as the rahn. Kafalah interpreted or bear responsibility for something, namely contract containing the agreement of a person where it is right that must be met for others, and association with others, in terms of responsibility for those rights in the face of collectors (debt), while ar- Rahn, ie save a good as mortgage debt. Urgency warranties in Islamic financing products that guarantee is to provide assurance that these funds can be returned, or at least the banks will not experience losses that are too large, if for example it turns out only to execute collateral or guarantees which have been given, because the recipients of financing facilities to act arbitrarily or origin at random in running their business. Application of absolute security in Islamic banking can not be avoided. Statement of context mudarabah jurists who do not allow the existence of collateral does not seem to respond by Islamic banks, because of their application for collateral by the banks on financing facilities recipient is not merely intended to ensure the return of borrowed capital, but to ensure that recipients of financing facilities is really implementing everything that had been agreed in the contract. Thus, it is certainly not based on what is known in Islamic law, but still the same as those stipulated in the Law of Guarantee Mortgage, and Fiduciary.
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