Minggu, 17 November 2013

Implementation and application of the contract al kafalah in the banking world, By. Moh. Khisbul Muzaqqi


Al-kafalah an assurance given by the insurer (kafil) to third parties to fulfill the obligations of both parties or incurred. In another sense, kafalah also means shifting the responsibility of someone who is guaranteed to hold on to someone else's responsibility as a guarantor. Basically a form of insurance contract kafalah commonly run by company.
In the banking application is technically the bank in this case guarantees to clients in connection with contracts or agreements which have been agreed between the customer and kontrakkerja or agreement agreed upon between the customer and the third party. The bank as an institution that will guarantee to obtain an opinion on the benefits of increased wages they received in exchange for services duberikan guarantee.
In the banking system mechanisms kafalah principles can be applied in the form of a guarantee by first starting with the opening of the facility is determined by the bank on the basis of the analysis and evaluation of the customer will be given the facility. Kafalah facility which will visible ppada estimates given in the form of administrative and contingent commitments.
Facilities provided in connection with the application of the principle kafalah is issued a bank guarantee and letter of credit facilities. Akafalah function is the provision of a bank guarantee by the relevant parties to run their business more Amanda guaranteed, so the lack of certainty in business or a transaction, because with this guarantee means that the bank will take over nasbah risk or liability, if the customer defaults or negligence in meet its obligations.

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