{"title":"ANALISIS PROBLEMATIKA SIDE STREAMING PADA PEMBIAYAAN MURABAHAH BIL WAKALAH DI PERBANKAN SYARIAH","authors":"Ismawati Khasanah, Mauliana Fauziyah","doi":"10.30651/justeko.v5i2.10852","DOIUrl":null,"url":null,"abstract":"Murabaha financing is a superior product in Islamic banking which is included in buying and selling contracts. After experiencing the development and modification of murabahah financing, it is now better known as murabahah bil wakalah. The purpose of this study is to find out the problems that exist in the murabahah bil wakalah contract, namely the occurrence of side streaming actions. This study uses a qualitative method with a literature study where data are taken from sources derived from literature such as books, articles, and other sources. Murabahah bil wakalah contract is a sale and purchase contract in which the Islamic bank gives power or represents to the customer to purchase the object of self-financing from the supplier. With the power granted this creates some problems that can damage or invalidate the contract, such as side streaming actions. Side streaming is an act of using funds that is not in accordance with the contract, so this action is considered a form of deviation and includes a fake contract. Customers tend to be more flexible in buying the desired goods, such as on behalf of the buyer from the supplier, not on behalf of the bank. Other side streaming actions can be in the form of price differences that have been agreed upon, and cause non-performing financing and a decrease in the collectability of Islamic banks.Keywords: Murabahah bil Wakalah, Side Streaming, Islamic Banking ","PeriodicalId":402140,"journal":{"name":"Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah","volume":"9 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2021-12-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.30651/justeko.v5i2.10852","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0
Abstract
Murabaha financing is a superior product in Islamic banking which is included in buying and selling contracts. After experiencing the development and modification of murabahah financing, it is now better known as murabahah bil wakalah. The purpose of this study is to find out the problems that exist in the murabahah bil wakalah contract, namely the occurrence of side streaming actions. This study uses a qualitative method with a literature study where data are taken from sources derived from literature such as books, articles, and other sources. Murabahah bil wakalah contract is a sale and purchase contract in which the Islamic bank gives power or represents to the customer to purchase the object of self-financing from the supplier. With the power granted this creates some problems that can damage or invalidate the contract, such as side streaming actions. Side streaming is an act of using funds that is not in accordance with the contract, so this action is considered a form of deviation and includes a fake contract. Customers tend to be more flexible in buying the desired goods, such as on behalf of the buyer from the supplier, not on behalf of the bank. Other side streaming actions can be in the form of price differences that have been agreed upon, and cause non-performing financing and a decrease in the collectability of Islamic banks.Keywords: Murabahah bil Wakalah, Side Streaming, Islamic Banking
Murabaha融资是伊斯兰银行的优质产品,包括在买卖合同中。在经历了murabahah融资的发展和修改之后,它现在被称为murabahah bil wakalah。本研究的目的是找出murabahah bil wakalah合同中存在的问题,即侧流行为的发生。本研究采用文献研究的定性方法,其中数据取自书籍,文章和其他来源的文献。Murabahah bil wakalah合同是一种买卖合同,其中伊斯兰银行授权或代表客户从供应商处购买自筹资金的物品。随着权力的授予,这会产生一些问题,可能会破坏或使合同无效,例如侧流操作。侧流是一种使用不符合合同的资金的行为,因此这种行为被认为是一种偏差,包括虚假合同。客户在购买所需商品时往往更加灵活,例如代表买方从供应商处购买,而不是代表银行。另一方的流动行动可能以已商定的价格差异的形式出现,并导致不良融资和伊斯兰银行的可收款性下降。关键词:Murabahah bil Wakalah, Side Streaming,伊斯兰银行