Harmonization Between Sharia Economic Law and Land Law in Home Financing Credit with the Musharakah Mutanaqishah Agreement at Bank Muamalat Indonesia Surabaya

Abstract

The high rate of population growth that is not accompanied by an increase in the availability of houses will cause a backlog. Islamic banks offer home ownership financing solutions (KPR) with a Musharakah mutanaqisah contract, namely financing based on the musharakah principle, namely: Shirkahal-'inan in which the share of one sharik capital is reduced due to gradual commercial transfers to customers. In practice, the application of the Mutanaqishah musharakah contract leaves a problem in the form of naming the certificate on behalf of the customer, even though the house is still jointly owned. This research is a field research. The data were collected through interviews and document review, then analyzed descriptively qualitatively by Hubermenand Miles model.

The results show that the naming of the customer's name on the certificate aims to simplify the process at the National Land Agency (BPN), Islamic banks and customers bind a new agreement on this matter. with the aim of finding a way out of a contract justified by shara'. The agreement namely tawatu, becomes a unity of several pre-existing contracts and promises, with the aim of carrying out what they want together. Tawatu' is also in line with the Civil Code regarding agreements. Tawatu' is a solution for harmonization between Syaria'h Economic Law and Land Law for Islamic banks for further development.