Perjanjian Syariah pada Lembaga Keuangan Syariah
Abstract: Although Syari’ah is
considered by many as the ideal form of social—as well as financial- order, it
is nonetheless not immune from practical and perhaps technical problems, so to
speak. With regards to the Syari’ah finance, cases on the ground show that transaction
involving dispute by different parties does often occur. This dispute has
nothing to do with the Syari’ah itself indeed, but with the way it is applied.
Syari’ah however anticipates this dispute to happen, concerning which this
paper is interested. It is concerned with discussing this anticipation and in
what way does Syari’ah offer the way-out to resolve such a dispute in matters
relating to financial contract. The paper argues that the ability of such
system as Syari’ah to resolve problems and offer solution for disputes can be
an indicator whether the system can be judged as an ideal or not. One of the
techniques that the Syari’ah has offered in dealing with dispute is what it
calls Musyawarah (negotiation); a technique that in fact has been regulated in
the Indonesian law. This technique will also be investigated in this paper.
Keywords: Syari’ah law,
Syari’ah finance, disputes
Penulis: Saidurrahman
Kode Jurnal: jpperadabanislamdd120101
