National Shari'a Board - Indonesian Council of Ulama Fatwa No. 61 of 2007 on Resolution of Import-Related Accounts Payable

This fatwa defines 'import-related debt resolution' as the transfer of debt from a debtor to a shari'a financial institute, the shari'a financial institute then paying the debt to the party owed, or another party appointed by the party owed.

The fatwa states that the appropriate contract for resolving import-related debts is a Hawalah bil Ujrah. The shari'a financial institute, acting as the muhal 'alaih (financier), accepts the transfer of debt from the debtor (at the value of the import debt owed). The transfer of the debt is also conducted voluntarily by the relevant parties.

The fatwa states that a shari'a financial institute may charge a fee in consideration of incurring the debt, the fee being nominal in nature, rather than a percentage of the principal debt. The parties' offer and acceptance is shown by their willingness to enter into contractual relations. Once a hawalah transaction has been executed, the right of the muhal (creditor) to recoup shifts to the muhal 'alaih.

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