THE SHIFT OF NON-PROFIT CONTRACT TO BUSINESS CONTRACT IN THE ISLAMIC FINANCIAL INSTITUTION BUSINESS ACTIVITIES

نویسندگان

چکیده

This article examines the shift of contract objectives from what originally set for non-profit to business ones. Such is found in three contracts; wakalah (power attorney), hawalah (underground banking), and kafalah (guarantee). Referring their uses several Islamic financial products Indonesia comparing sharia resolution Sharia Authority Council Malaysia law (fiqh), majority these contracts proven apply fees (ujrah) used both independently combination with other contracts. Here, are mostly applied institutions, but unfortunately customers who involved get less. This, turn, affects changes classification which included eventually turns them into contract. If objectives, they then considered as service/lease based (ijarah). In construction a real agreement (contract), this has implications on rights responsibilities parties can raise dispute cause misunderstanding status voluntary (tabarru’) or (tijari).

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ژورنال

عنوان ژورنال: Istinbath

سال: 2021

ISSN: ['1829-6505', '2654-9042']

DOI: https://doi.org/10.20414/ijhi.v19i2.269