DETERMINASI RISIKO GAGAL BAYAR PADA PEMBIAYAAN MUSYARAKAH MUTANAQISAH DALAM INDUSTRI KEUANGAN SYARIAH

Abstract

Musyarakah Mutanaqisah (MMQ) financing is a Sharia-compliant financing product widely used in the asset ownership sector, particularly housing and productive businesses. However, in practice, this financing is inherently subject to default risk, which can potentially lead to disputes between Sharia financial institutions and customers. This study aims to analyze the default risk in Musyarakah Mutanaqisah financing in Cermee Village and examine its resolution from a Sharia Economics perspective. The research method used is empirical legal research with a juridical-sociological approach. The results indicate that the main factors contributing to default risk include customer income instability, a lack of understanding of the contract, and weak post-contract supervision. From a Sharia Economics perspective, default risk resolution must be based on the principles of justice (al-'adl), public interest (maslahah), and the prohibition of injustice (zulm), by prioritizing deliberation, contract restructuring, and avoiding elements of riba and gharar.