Tin Yuliani

Abstract:

This writing focuses on qardh contract as one of the contracts applied in sharia banking. In qardh financing, potential disputes between the borrower and the lender may be possible. From the normative point of view, the settlement of disputes in case of default is stipulated in Law Number 21 Year 2008 concerning Sharia Banking. The existence of Article 55 Paragraph (1) of the Sharia Banking Law stipulates that to grant the authority of the Religious Courts as a form of settlement of litigation disputes for the settlement of the first form, then a non-litigation settlement. In fact, in the settlement of disputes that should be done first is a non-litigation settlement in accordance with the principles of deliberation and justice. The Settlement of Default with the financing of al-Qardh contract to the customer which from the beginning has good intention, the sharia bank undertakes the restructuring efforts based on the financing contract, and if the restructuring effort does not bring the result, the syariah bank can execute the guarantee execution. In the absence of a guarantee, the dispute shall be settled through the National Sharia Arbitration Board or litigation, or voluntary efforts may be made to the customer to hand over the collateral.

Keywords: default disputes,  al-qardh, sharia banking

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