Maftukhatusolikhah, Maftukhatusolikhah (2003) Penalty Imposed On Debt Delaying Capable-Clients, A Study on DSN-MUI'S Fatwa No.17/DSN-MUI/IX/2000. IQTISHAD, 4 (2). pp. 181-190. ISSN I S S N 1 4 1 1 – 0 1 3
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Abstract
Islamic banking is an obvious sample of Islamic economic system implementation, and hence, problems around Islamic banks are interesting to study. As a system differing from conventional, both in terms of ontology and epistemology, Islamic banking is expected to be able to offer a truly Islamic system that is in line with the Quran and Sunnah. Therefore, if any problems emerge on it, the solutions will be determined according to Islamic law. One of the problems faced by Islamic banking is the handling of debt payment delaying-capable-clients. Delaying debt payment is an action if permitted to continue will disturb bank’s productivity and, indirectly, Islamic banking system as a whole. Moslem scholars have different positions on this matter. National Shariah Council of Indonesian Council of Ulema (DSN-MUI) and several individual jurists contend that it is necessary to penalize debt payment delaying-capable-clients with the obligation to compensate material loss as “overdue fine”. Several other jurists however argue the penalty as it is considered similar to forbidden riba, whereas the main argument (raison d’etre) for the establishment of Islamic banking is itself to avoid this kind of riba. Hence, legal-normative perspective in handling debt payment delaying-capable-clients is very interesting to study.
| Item Type: | Article |
|---|---|
| Uncontrolled Keywords: | debt payment, delaying, capable-clients, Fatwa |
| Subjects: | 200 Agama > 297 Islam > 2x6 Sosial dan Budaya Islam 300 Ilmu sosial, Sosiologi dan Antropologi > 330 Ekonomi > Ekonomi keuangan > Bunga dan diskon Ekonomi dan Bisnis Islam > Ekonomi Syariah |
| Divisions: | Pascasarjana > Program Magister > 74134 - Ekonomi Syariah (S2) |
| Depositing User: | mrs Maftukhatusolikhah Ubed Amir |
| Date Deposited: | 15 Oct 2016 04:18 |
| Last Modified: | 19 Jan 2022 04:42 |
| URI: | http://repository.radenfatah.ac.id/id/eprint/65 |
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