At the end of the partnership, the bank then will sell its portion to its partner in total or proportionately.
In relation with this arrangement, it is considered as Syarikah Al-‘Inan whereby both parties contribute the capital and the bank authorizes its partner to run the project. This kind of Musyarakah (Diminishing Partnership) is permissible from Shariah perspective -same as Ijarah Muntahiyah Bi at-Tamlik- whereby the bank undertakes to its customer to sale its share once the customer has paid all the amount equivalent to the asset value.However, it is permissible to sell to his partner. If one of two partners who has a share in a building sell his portion to a third party, thus it is impermissible.If one of the partners buy the portion of his/her partner’s share, it is permissible as he buy another’s asset.However, if one of the two betray his/her partner then I will leave them. Allah s.w.t announced: I am the third between two partners as long as both not betray among others.The prophet peace be upon him asserted that “harm shall neither be inflicted nor reciprocated.” Narrated by ‘Ubadah Ibn As-Somit and recorded by Ibn Majah, narrated by Ibn Abbas and recorded by Imam Ahmad, narrated by Yahya from Malik:.O you who have believed, do not consume one another's wealth unjustly but only business by mutual consent.Īnd if one of you entrusts another, then let him who is entrusted discharge his trust and let him fear Allah, his Lord. O you who have believed, fear Allah and give up what remains of interest, if you should be believers. Indeed, the commitment is ever questioned. Indeed, Allah commands you to render trusts to whom they are due and when you judge between people to judge with justiceĪnd fulfill commitment. O you who have believed, fulfill contracts Pursuant to item (a) and (b), DSN-MUI affirms the necessity to issue the said ruling on Shariah compliant refinancing to be the reference for Lembaga Keuangan Syariah “LKS” (Shariah Financial Body/Islamic Financial Institution).There is no specific Shariah ruling issued by DSN-MUI with regards to refinancing transaction.That there is a question among the people regarding refinancing transaction that complies with Shariah requirements.The National Shariah Committee (Dewan Syariah Nasional) – Majelis Ulama Indonesia (DSN-MUI), after considering the following:
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