THE CONCEPT OF DEBT TRANSFER (HIWALAH) IN ISLAMIC BANKING BASED ON DSN-MUI FATWA NO. 31/DSN-MUI/VI/2002

Abstract

The purpose of the study carried out is to describe the implementation of hiwalah carried out in Islamic banking according to the DSN-MUI fatwa No.31/DSN-MUI/VI/2002 / regarding the transfer of debt which is generally closely related to hiwalah in hiwalah there are three parties involved, namely muhil, muhal, and muhal 'alaihi. The study method used in the study carried out is qualitative using the type of literature study (libarary research). Data is taken directly from primary data in the form of DSN-MUI fatwas and secondary data sourced from literature related to the discussion, namely books, scientific works in the form of journals and articles related to the research topic. The study findings indicate that if the transfer of debt from conventional financial institutions to Islamic financial institutions is carried out based on the DSN-MUI fatwa which explains about each alternative financing which is a series of contracts that are carried out, it has conformity and does not contradict the DSN-MUI fatwa No.31/DSN-MUI/VI/2002 regarding debt transfer. In practice, hiwalah is used in various Islamic financial transactions, for example in financing, investment, and risk management.