IDEAS home Printed from https://ideas.repec.org/a/ers/ijebaa/vviiiy2020i1p285-291.html
   My bibliography  Save this article

Freedom of Contracts and Dispute Settlement Between Conventional Banking and Sharia Banking

Author

Listed:
  • Budiharto
  • Edy Sismarwoto

Abstract

Purpose: This study aims to investigate the freedom of contract in conventional and sharia banking interpreted as an event of signing a credit agreement that raises the rights and obligations of the parties. Design/methodology/approach: The research design was qualitative, and the method was conducted by using a normative juridical method on a philosophical approach. Findings: The results showed that based on some lawsuit cases, in the conventional banking agreement, the customer submits the law to the credit rules made by the banking system. In Islamic banking agreements, the bank and the customers resolve the dispute to the existing agreement schemes in the sharia economic legal system. The results also reveal the construction of values contained in the principle of freedom of contract in each banking agreement. Practical implications: This paper can be used by management and legal experts to identifying the differences in principle of freedom of contract in conventional and sharia banking as a measure of justice in civil agreements in business law. Originality: This paper originally highlight that differences in principles and mechanisms for contracting affect procedures in dispute resolution.

Suggested Citation

  • Budiharto & Edy Sismarwoto, 2020. "Freedom of Contracts and Dispute Settlement Between Conventional Banking and Sharia Banking," International Journal of Economics & Business Administration (IJEBA), International Journal of Economics & Business Administration (IJEBA), vol. 0(1), pages 285-291.
    • Handle: RePEc:ers:ijebaa:v:viii:y:2020:i:1:p:285-291
    as

    Download full text from publisher

    File URL: https://www.ijeba.com/journal/438/download
    Download Restriction: no
    ---><---

    References listed on IDEAS

    as
    1. Patrick Imam & Kangni Kpodar, 2013. "Islamic Banking: How Has It Expanded?," Emerging Markets Finance and Trade, Taylor & Francis Journals, vol. 49(6), pages 112-137, November.
    2. Dodi Permana, 2017. "Toward the Best Model of Strategy Implementation in Indonesian Islamic Banking from the Lens of Strategic Clarity," European Research Studies Journal, European Research Studies Journal, vol. 0(4B), pages 3-15.
    3. Mauro Guillén & Adrian Tschoegl, 2002. "Banking on Gambling: Banks and Lottery-Linked Deposit Accounts," Journal of Financial Services Research, Springer;Western Finance Association, vol. 21(3), pages 219-231, June.
    4. Irma Setyawati & Sugeng Suroso & Tulus Suryanto & Dini Siti Nurjannah, 2017. "Does Financial Performance of Islamic Banking is better? Panel Data Estimation," European Research Studies Journal, European Research Studies Journal, vol. 0(2A), pages 592-606.
    5. Mervyn K. Lewis, 2001. "Islam and accounting," Accounting Forum, Taylor & Francis Journals, vol. 25(2), pages 103-127, June.
    6. Chong, Beng Soon & Liu, Ming-Hua, 2009. "Islamic banking: Interest-free or interest-based?," Pacific-Basin Finance Journal, Elsevier, vol. 17(1), pages 125-144, January.
    7. Waspodo Tjipto Subroto, 2015. "Revitalization of Pancasila Economic System in the Globalization Era," International Journal of Economics and Financial Issues, Econjournals, vol. 5(4), pages 860-868.
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. RAHMADANA Muhammad Fitri & SAGALA Gaffar Hafiz, 2022. "Determinants Analysis Of Islamic And Conventional Banks Systemic Risk Potentiality: A Preliminary Study," Studies in Business and Economics, Lucian Blaga University of Sibiu, Faculty of Economic Sciences, vol. 17(1), pages 202-217, April.
    2. Kamla, Rania & Haque, Faizul, 2019. "Islamic accounting, neo-imperialism and identity staging: The Accounting and Auditing Organization for Islamic Financial Institutions," CRITICAL PERSPECTIVES ON ACCOUNTING, Elsevier, vol. 63(C).
    3. repec:ers:journl:v:vi:y:2018:i:4:p:3-13 is not listed on IDEAS
    4. Hassan, M. Kabir & Aliyu, Sirajo, 2018. "A contemporary survey of islamic banking literature," Journal of Financial Stability, Elsevier, vol. 34(C), pages 12-43.
    5. repec:ers:journl:v:vi:y:2018:i:1:p:90-100 is not listed on IDEAS
    6. Yudhi Herliansyah, 2018. "Change of Management Accounting Practices," International Journal of Economics & Business Administration (IJEBA), International Journal of Economics & Business Administration (IJEBA), vol. 0(4), pages 3-13.
    7. Grira, Jocelyn & Labidi, Chiraz, 2021. "Banks, Funds, and risks in islamic finance: Literature & future research avenues," Finance Research Letters, Elsevier, vol. 41(C).
    8. Mustafa Raza Rabbani & Shahnawaz Khan & Eleftherios I. Thalassinos, 2020. "FinTech, Blockchain and Islamic Finance: An Extensive Literature Review," International Journal of Economics & Business Administration (IJEBA), International Journal of Economics & Business Administration (IJEBA), vol. 0(2), pages 65-86.
    9. Risfandy, Tastaftiyan & Tarazi, Amine & Trinugroho, Irwan, 2022. "Competition in dual markets: Implications for banking system stability," Global Finance Journal, Elsevier, vol. 52(C).
    10. Beck, Thorsten & Demirgüç-Kunt, Asli & Merrouche, Ouarda, 2013. "Islamic vs. conventional banking: Business model, efficiency and stability," Journal of Banking & Finance, Elsevier, vol. 37(2), pages 433-447.
    11. Korkut, Cem & Özgür, Önder, 2017. "Is there a Link between Profit Share Rate of Participation Banks and Interest Rate?[:] The Case of Turkey," MPRA Paper 81642, University Library of Munich, Germany.
    12. Sandrine Kablan & Ouidad Yousfi, 2015. "Performance of Islamic Banks across the World: An Empirical Analysis over the Period 2001-2008," International Journal of Empirical Finance, Research Academy of Social Sciences, vol. 4(1), pages 27-46.
    13. Baele, Lieven & Farooq, Moazzam & Ongena, Steven, 2014. "Of religion and redemption: Evidence from default on Islamic loans," Journal of Banking & Finance, Elsevier, vol. 44(C), pages 141-159.
    14. Imronudin & Javed Ghulam Hussain, 2016. "Why Do Bank Finance Clients Prefer Mark-up to Profit Loss Sharing Principles? Evidence from Islamic Rural Banks and Small to Medium Enterprises in Indonesia," International Journal of Economics and Financial Issues, Econjournals, vol. 6(4), pages 1407-1412.
    15. Ali Soylu & Nazif Durmaz, 2013. "Profitability of Interest-Free versus Interest-Based Banks in Turkey," Australian Economic Review, The University of Melbourne, Melbourne Institute of Applied Economic and Social Research, vol. 46(2), pages 176-188, June.
    16. Habib, Farrukh & Masih, Mansur, 2017. "The effect of interest rates and rate of profit on islamic investment deposits: evidence from Malaysia," MPRA Paper 99909, University Library of Munich, Germany.
    17. Belkhir, Mohamed & Grira, Jocelyn & Hassan, M. Kabir & Soumaré, Issouf, 2019. "Islamic banks and political risk: International evidence," The Quarterly Review of Economics and Finance, Elsevier, vol. 74(C), pages 39-55.
    18. Khawla Bourkhis & Mahmoud Sami Nabi, 2011. "Have Islamic Banks Been More Resistant Than Conventional Banks to the 2007-2008 Financial Crisis?," Working Papers 616, Economic Research Forum, revised 08 Jan 2011.
    19. Omar ALHATO, 2023. "The impact of management accounting practices: Comparative analysis study between Jordan and Romania," Theoretical and Applied Economics, Asociatia Generala a Economistilor din Romania / Editura Economica, vol. 0(3(636), A), pages 297-304, Autumn.
    20. Adnan Malik & Karim Ullah & Shakir Ullah, 2020. "Knowledge Diffusion Process & Common Islamic Banking Governance Principles: Integrative Perspective (s) of Managers and Shariah Scholars," Papers 2002.04067, arXiv.org.
    21. Godlewski, Christophe J. & Turk-Ariss, Rima & Weill, Laurent, 2013. "Sukuk vs. conventional bonds: A stock market perspective," Journal of Comparative Economics, Elsevier, vol. 41(3), pages 745-761.
    22. Saad Azmat & Maryam Subhan, 2022. "Ethical Foundations of the Islamic Financial Industry," Journal of Business Ethics, Springer, vol. 180(2), pages 567-580, October.

    More about this item

    Keywords

    Contract; sharia economy; conventional banking; dispute settlement.;
    All these keywords.

    JEL classification:

    • K20 - Law and Economics - - Regulation and Business Law - - - General

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:ers:ijebaa:v:viii:y:2020:i:1:p:285-291. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Marios Agiomavritis (email available below). General contact details of provider: https://ijeba.com/ .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.