Analysis Of The Decision Of The Langsa Syariah Mahkamah No 355/Pdt.G/Ms.Lgs On The Ownership Of The Leasing Object By The Lessor Under The Concept Of Ba'i Murabahahah

Muhammaad Masykur, 180102195 (2025) Analysis Of The Decision Of The Langsa Syariah Mahkamah No 355/Pdt.G/Ms.Lgs On The Ownership Of The Leasing Object By The Lessor Under The Concept Of Ba'i Murabahahah. Jurnal Ekonomi dan Keuangan Syariah, 5 (2): 15. pp. 398-411. ISSN 2655-0547 (Unpublished)

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Abstract

This study analyses the decision of the Langsa Syariah Court No.355/Pdt.G/Ms.Lgs regarding the repossession of leasing objects by the lessorin a bai' murabahah contract. Sharia financing companies often utilise murabahah contracts in their operations, emphasising transparency and fairness. However, this case highlights a violation of sharia principles due to the forced repossession of leasing objects without consultation or court orders. The study aims to evaluate the conformity of the lessor's actions with murabahah principles and Islamic economiclaw.This research employs a normative juridical approach with a descriptive-analytical method. Primary data is derived from the Langsa Syariah Court decision No.
355/Pdt.G/Ms.Lgs, while secondary data includes Islamic legal literature
and relevant regulations. The analysis examines the pillars and conditions of murabahah contracts as well as the judges' considerations in the ruling. The findings reveal that the repossession of leasing objects was triggered by the debtor's default in installment payments. The lessor based their actions on a contractual clause granting full authority to execute the leased object. However, such actions contradict sharia principles, which require consultation or arbitration to resolve disputes. The court rejected the plaintiff's claim due to insufficient evidence of unlawful acts by the defendant. The repossession was deemed consistent with the agreement, despite procedural violations.
Keywords: Murabahah Contract, Leasing Object Repossession, Sharia
Principle

Item Type: Article
Subjects: 300 Sociology and Anthropology (Sosiologi dan Antropologi) > 340 Law/Ilmu Hukum
Divisions: Fakultas Syariah dan Hukum > S1 Hukum Ekonomi Syariah
Depositing User: Muhammad Masykur Masykur
Date Deposited: 17 Jan 2025 07:40
Last Modified: 17 Jan 2025 07:40
URI: https://repository.ar-raniry.ac.id/id/eprint/41733

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