Hilah‎‎ dalam Produk Pembiayaan Syariah ‎(Evaluasi Skema Akad KPR Murabahah dan Gadai Syariah)‎

Abstract

This article aims to evaluate the financing products of Islamic Financial Institutions that are suspected to contain h} i> lah (legal stratagem). This research uses library study with qualitative design through fiqh and Islamic finance approach. Based on some indicators and parameters of h} i> lah, it is found that Mura> bah} ah scheme in Islamic mortgages and al-Rahn and al-Ijarah scheme in Islamic pawn contract were formulated by h} i> lah methods, only Islamic mortgages can be categorized into permissible h} i> lah, while the Islamic pawn included into impermissible one. Thus it can be determined also that Mura> bahah mortgage can be used for a limited period, and should be reformulated after the loss of a variety of technical barriers, otherwise Islamic Pawn product should be immediatedly reformulated in line with the provisions of law and does not resemble the interest based of conventional mortgage.