Makassar Religious Court Decision No. 73 of 2015: Shari'a Economy Mistrial

The plaintiff submitted that he and the defendant (bank) had entered into a Murabahah (sale-purchase) agreement on 25 July 2013, pursuant to which the plaintiff owed to the defendant IDR 415 million. As a security, the plaintiff leveraged his property. Over a period of 60 months, the plaintiff had agreed to make monthly repayments of IDR 6,950,000. Over the first 12 months the plaintiff successfully made these monthly repayments, which totalled IDR 83,4000,000. When the plaintiff's business suffered from the late arrival of certain stock, however, the plaintiff defaulted on his payments over three months in 2014, causing the defendant to exercise the option to auction the plaintiff's property. The plaintiff submitted the defendant's actions were reactionary and dismissive of his attempts to negotiate with the defendant for more time. They also denied the plaintiff his right, under art 18 of the agreement, to deliberative dispute resolution.

As both parties failed to attend court, however, the court ruled a mistrial and ordered the plaintiff to pay costs.

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