Obligation to Pay Compensation (Ta'widh) for Customers Who are Late in Paying in Murabahah Bil Wakalah Financing Agreements According to Sharia Principles

Abstrak

Murabahah bil wakalah is one of the most dominant financing schemes in Indonesian Islamic financial institutions, yet late installment payments frequently occur and create administrative losses and liquidity risks. Conventional penalties are prohibited due to their riba elements, thus ta’widh is applied as compensation for real losses. This normative legal research employs statutory and conceptual approaches to examine the concept of ta’widh, its juridical basis in fiqh muamalah and DSN-MUI fatwas, and its implementation in murabahah bil wakalah contracts. The findings indicate that ta’widh may only be imposed for proven real losses caused by customer negligence, excluding opportunity loss. Its application must adhere to principles of justice, transparency, and proportionality to avoid deviation from sharia principles. This study provides guidance for Islamic financial institutions and customers regarding proper ta’widh implementation.