Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)


Hybrid Contract Design in Sharia Banking Product Development

Author(s): Hirsanuddin, Rodliyah & Minollah

The development of Islamic banking and finance has progressed very quickly and is facing increasingly complex challenges. Islamic banking and financial institutions must be able to meet the needs of modern businesses by presenting innovative and more varied products and satisfying services. Hybrid contracts are not actually a new theory in the Muamalah fiqh repertoire. Islamic classical scholars have long discussed this topic based on the arguments of syara 'and valid ijtihad. However, in the study of Muamalah fiqh at Islamic boarding schools and even Islamic universities, this issue has not been widely discussed as it has not had much contact with the realities of business in society. During the rise of financial institutions and banking in the present, the concept and subject of hybrid contracts came back to the fore and became the inevitable theories and concepts. A number of books and scientific works have also been published that discuss and formulate the theory of al-'ukud, al-murakabah (hybrid contracs), especially Middle Eastern scientific works. The aim of this research is to study and analyze the opinion of experts on hybrid contracts and hybrid contracts in the development of Islamic banking products. This type of research is normative legal research, in which primary, secondary and these types of legal materials are examined. The results showed that the opinion of these experts mainly stated that hybrid contracts should be designed in the context of developing Islamic banking.

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