LEGAL SATISFACTION OF CUSTOMER FINANCE IN THE RELATIONSHIP WITH THE NISBAH IN SYARIAH BANKING

Abstract

In banking about the manner of syari’ah have been introduced some financial instruments as a substitute for an instrument bank interest .The instruments is an instrument put forward the principle for the net loss (profit and loss sharing). The advantage gained and loss suffered borne in together by the who transacts. Hence, both sides, who performs the transaction will look out for one another progress and setbacks business run. Of the principle of those from the most prominent is financing musyarakah. The development of financing that were distributed by syari’ah bank cannot circumvented with the advent of the society itself. Instances force majeure that befell customers of the financing in syari’ah bank need special attention in resolution resulting in the legal certainty customers itself. The results of the study legal certainty customers financing musyarakah in relation to nisbah in banking about the manner of syari’ah, among others the determination of the amount the ratio of the determined based on types of businesses customers, not from a number whose value funded by the bank to customers. Bank in determining for outcomes types of businesses it is not the same proportion. When customers a loss of caused by because they were not omission customers though does not necessarily remove obligation customers to the bank and the bank did not participate bear loss arising not in accordance with the principle loss and profit sharing to financing musyarakah.