Sandera Badan Terhadap Debitor Menurut Hukum Islam  

Oleh:

Djamil, Fathurrachman

Jenis: Article from Journal - ilmiah nasional - tidak terakreditasi DIKTI
Dalam koleksi: Jurnal Hukum Bisnis vol. 15 (2001), page 38-44.
Topik: HUKUM ISLAM; sandera badan; debitor; hukum islam

Ketersediaan

Perpustakaan Pusat (Semanggi) Nomor Panggil: JJ102.2 Non-tandon: 1 (dapat dipinjam: 0) Tandon: tidak ada

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Isi artikel

Al-Baqarah 282 and 283 in the Koran indicated the existent of trading (bermu'amalah) by borrowing system. The debit and credit should be recorded based on the procedures, and should be attended by witnesses. Moreover, there were things to be warranted (rahn) for goodness and for preventing from financial loss. Debit credit in Islamic Law is categorized as a Civil Law. The Islamic Law allowed the physical punishment upon the ill faith and non - cooperative debtor, if there were any trouble in the debt payment or the debtor cheated and tried not to pay his / her debt, whilst he / she could actually paid the debt. Wahbah az - Zuhaili, a contemporary Islamic Law expert asserted thet has understood of Al-Baqarah 280 and the Prophet's guidance there was prohibited for person to postpone the payment of the debt. According to the Islamic Law, the judge can urge the debtor to fulfil his / her debt's responsibilty in such away as, under arrest (Al - Habs), under protection (Al - Hajr), and sold by force (Al - Ba'I Al - Jabari). The judge was allowed to arrest or jail the debtor (Habs Al - Mudin) with certain requirements for example no careless and no harmful. The judge must search to find the evident (Al - Bayyinnah), whether the debtor (Al -Mudin) is really owner of the asset, the haven or not at all. Meanwhile, the debtor may be jailed or arrested for two or three months during the finding of evident. Then, the debtor (Al - Mudin / Al - Muflis) should be released from jail in case of bankruptcy.

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