HUBUNGAN HUKUM PARA PIHAK DALAM PRINSIP MUDARABAH MENURUT HUKUM PERDATA DI INDONESIA
Abstract: Islamic banking is a
banking system that is relatively new in Indonesia. Islamic banking is expected
to be one of the alternatives to restore public confidence in the post-crisis
conventional banking and diversified financial risk of creating more diverse so
as to enhance the resilience of the national banking system. Therefore, the
Islamic banking system is still new, there permaslahan-problems arising as a
response to Islamic banks, the construction of which is how the legal
relationship of the parties, the responsibility of the bank as the owner of the
funds and the customer receiving financing as fund manager when there is a loss
in cooperation mud}a>rabah. In the known Islamic Sharia principles, which
principles derived from the Qur'an and Hadith as well as be used as guidelines
by Islamic banks in conducting business activities that do not include an
element of riba>, maisi>r, ghara>r, hara>m and z}a>lim. This is
what distinguishes the conventional banks, one of which is mudarabah. The
difference between the principles of conventional banks and Islamic banks on
the basis of mud} a> Rabah lead to differences in the legal relationship
with the bank's customers and different legal responsibilities on both banks.
Keyword: law, mudarabah, civil
law
Penulis: Wahid Hadi Purnomo
Kode Jurnal: jpperadabanislamdd120126
