Implementation of Raw Contract for Financing in Mandiri Syariah Bank

Enjang Sudarman
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Abstract

This research is motivated by the existence of a standard contract which is a written agreement made or provided by one party, by including various contract clauses that have been standardized by one party without giving the other party the opportunity to negotiate them. The existence of a standard contract in the sharia business world is a pros and cons among the public, especially among legal experts, because in addition to making it easier and saving time, it is also considered to be against the principles of sharia, namely persecuting other parties. The theory used in this research is that the grand theory uses the rule of law theory; Middle Rangge Theory uses the Shahadah Theory from al-Syafi'i then the Social Juctice Theory; and the application theory uses a legal system supported by the theory of legal change. This study uses descriptive qualitative research, in collecting data, the authors use the method of observation, interviews and documentation using descriptive analysis to describe and describe the data obtained by using words or sentences that are separated according to the research data category in order to obtain a conclusion. The result of the research shows that the standard contract is legally valid because it has fulfilled the terms and conditions of contract in Islam which are marked by the signing of the standard contract by both parties as proof that both parties are equally pleased.
曼迪里伊斯兰银行融资原合同的实施
这项研究的动机是标准合同的存在,这是一种由一方制定或提供的书面协议,包括各种合同条款,这些条款已被一方标准化,而不给另一方谈判的机会。在伊斯兰商业世界中,标准合同的存在在公众,特别是法律专家中是有利有弊的,因为除了使其更容易和节省时间外,它还被认为是违反伊斯兰教法的原则,即迫害其他当事人。本研究运用的理论是大理论运用法治理论;中间范围理论借鉴了赛亚菲的Shahadah理论和社会正义理论;适用理论采用了一种以法律变更理论为支撑的法律制度。本研究采用描述性定性研究,在收集数据时,作者采用观察法、访谈法和文献法,采用描述性分析的方法,对所获得的数据进行描述和描述,使用根据研究数据类别分开的单词或句子进行描述,从而得出结论。研究结果表明,标准合同具有法律效力,因为它满足了伊斯兰教的合同条款和条件,这些条款和条件以双方签署标准合同为标志,证明双方都同样满意。
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