The juridical analysis of the sharia banking contract containing the Basmallah phrase in aceh province
Suvia Husnalita, Suhaimi, Zahratul Idami
According to Aceh Qanun Number 11 of 2008 about Sharia Financial Institutions, all products and financial institution activities must adhere to Islamic law. Similarly, under Article 38 of the UUJN, notaries public play a vital role in the creation of sharia banking deeds. The addition of the Basmallah, which is listed by the notary public, is based on the request of most banks, such as Bank Syariah Indonesia, BTN Syariah, and others. However, some other banks, such as Maybank, are against the proposition. Therefore, it is necessary to study and analyze specifically the letterhead of the sharia banking deed, which includes the Basmallah in the province of Aceh. The purpose of this study is to analyze the legality of the letterhead of the sharia banking deed that includes the Basmallah phrase and to find out the legal implications and their relation to the Aceh Government Law and the Qanun of Islamic Financial Institutions. The type of research used is normative juridical research with a statutory approach and an analytical approach. The results of this study indicate that there is no indication of a violation of the law or other norms in the case of the use of the Basmallah phrase on the letterhead of the deed because the requirements of Article 38 of the UUJN and Article 1868 of the Civil Code and the three powers of proof have been effectively applied so that the deed has a perfect and binding evidentiary value. In addition, the letterhead of the deed that includes the Basmallah phrase also does not conflict with legal science because it has fulfilled the principles of contract in civil law and does not conflict with things that are prohibited in muamalah and sharia activities in Islamic law and has complied with customary requirements in accordance with the customs of the Acehnese people. The use of the Basmallah phrase is recommended in Islam in order to get blessings. It is also necessary because Aceh has perfectly implemented Islamic Shari'a, especially in the economic field, with the enactment of Aceh Qanun Number 11 of 2008, which refers to Aceh Governance Law.
Suvia Husnalita, Suhaimi, Zahratul Idami. The juridical analysis of the sharia banking contract containing the Basmallah phrase in aceh province. International Journal of Law, Volume 8, Issue 3, 2022, Pages 161-167