Abstract
The fast growing of shariah financial industry has forced the
practioners and academist of shariah banking to be more innovative
to meet the demand. One of the innovation is the settlement of new
agreement called Ijarah Al Muntahiya bit Tamlik (financial leasing
with purchase). This agreement is a hybrid transaction which combines
leasing and ownership in the end of the leasing. This innovation has
turned to give some benefit and advantages. However, the legal basis
of its operation, both from the Islamic perspective and the Indonesian
positive law, is being questioned. Anyway, from the perspective of
Islamic law Ijarah Muntahiya Bittamlik has fulfilled the requirement
and three criteria of legal transaction even though there is a different
opinion saying that it may belong to the join transaction (murakab)
which is forbidden by the Prophet. The majority of Islamic jurists
come to their common agreement that Ijarah Muntahiya Bittamlik
is allowed. From the perspective of Indonesian positive law, Ijarah
Muntahiya Bittamlik belongs to anonymous agreement (article 1319)
which emerges due to the freedom to settle an agreement (article
1338) and Ijarah Muntahiya Bittamlik has fulfilled the criteria of a
legal transaction (article 1320) and the components of a transaction.
The legal impact of Ijarah Muntahiya Bittamlik is the rights and the
responsibilities of the parties involved.
Kata kunci: Ijarah Muntahiya Bittamlik, Hukum Islam, Hukum positif