Analisis Kontrak Ijarah

Author(s):  
Puji Kurniawan

Humans are social creatures who need each other to socialize or to fulfill their needs, such as primary, secondary and tertiary needs. In this life there are 2 (two) groups of people, namely groups of people who are overfunded and those who are underfunded. Therefore, banks and non-bank financial institutions have emerged as intermediaries between the 2 (two) groups of the people so that the balance can occur in meeting the needs of each life. In Indonesia, there are many conventional and sharia bank and non-bank financial institutions that provide financing services to meet human needs. The fundamental difference between conventional and Islamic financial institutions is the use of the interest system which is usury in conventional financial institutions and the use of profit sharing systems in Islamic financial institutions.

2020 ◽  
Vol 9 (2) ◽  
pp. 169
Author(s):  
Mukhtasar Mukhtasar ◽  
Angga Syahputra

Islam and Aceh are inseparable like two sides of a coin. The Serambi Makkah Country  in daily activities of its people is closely related to Islamic sharia, including muamalah activities. Long before the existence of Islamic financial institutions in Indonesia, the people of Aceh had implemented cooperation in the field of muamalah as well as the mudharabah concept in Islamic financial institutions, known as mawah. Mawah is a concept of cooperation between capital owners and managers with a profit sharing system. But the concept of mawah is still limited to cooperation in agriculture and animal husbandry, so it is necessary to develop efforts in other spheres to be able to sustain the economy of the people of Aceh, as Denmark successfully developed this concept. This study uses qualitative methods by conducting research on natural object conditions, and is supported by a literature review. The results of the study revealed the need for government intervention in developing this concept in order to be optimal in developing the economy of the people of Aceh.


2018 ◽  
Vol 8 (1) ◽  
pp. 121
Author(s):  
Junaidi Abdullah

<p>Any loan or financing agreement made by a sharia financial institution, whether bank or non-bank, more particularly KSPS Logam Mulia, usually requires a guarantee. Guaranteed goods guaranteed by the community or its members may be movable objects such as motorcycles or cars (guaranteed by BPKB) and may be non-moving objects in the form of buildings or land (guaranteed usually land certificates) .To to legalize the guarantee goods, the guarantee goods. For moving objects in the form of fiduciary and immovable property through mortgages.</p><p>               With the existence of objects collateralized by the public or members of the Islamic financial institutions, both banks and non-banks with fiduciary guarantee will provide the legal force for the institution to execute objects that have been guaranteed if the people who borrow violate the promise or wanprestasi.</p><p>But in fact, KSPS Logam Mulia has never executed forcibly to the community or its members who have neglected or are unable to perform its obligations ie paying installments on loans or financing it has received.</p><p>               From the results of the research can be known execution fiduciary guarantee in KSPS Logam Mulia Klambu District Grobogan District does not execute fiduciary guarantee directly against members who do not perform the obligation mengangsurnya. What factors are the background of not directly executing tehadap assurance of fiduciary objects in KSPS Logam Mulia Klambu District Grobogan Regency is: The reason shariah and Reason kinship.</p>


2020 ◽  
Vol 14 (02) ◽  
pp. 160-179
Author(s):  
Roisul Malik

In general, a bank is a place where we can do various kinds of transactions such as withdrawal, borrowing, and depositing money. But the object used as a transaction tool here is not something as valuable as money, but garbage. So, people who want to become customers of this bank do not need to have assets or something that is valuable (either money or other valuables), simply by owning trash, then they can become customers. In Islam, this form of cooperation is one form of cooperation in the economic field that is a form of giving assets from one person to another as venture capital where the profits obtained will be divided between the two of them in accordance with the agreement. The purpose of this study was to examine the muamalat contract which was applied by a garbage bank in Madiun Regency. Factual information obtained from Bank Sampah "Srikandi" of Candimulyo Village is related to the practice of saving related to the contract and profit sharing implemented by the manager of the garbage bank. By using Muamalah Fiqh in conducting research, then evaluating with various theories relating to the main problem in this research, obtained research results: there are waste bank products such as savings systems, profit sharing cooperation, and various transactions that are in accordance with all contracts. Based on these factors then garbage bank becomes halal for transactions and is eligible to become one of the Islamic Financial Institutions.


Author(s):  
Nurshuhadak Hehsan ◽  
Hussin Salamon

The concept of Bai 'Al-Inah is one kind of Islamic banking loan products adopted by several Islamic financial institutions in Malaysia. Bai 'Al-Inah terms and in the context of Islamic banking is selling to raise cash immediately (immediate cash-facility). However, it is a scheme application status is still disputed by the ulama’ salaf among modern Muslim world. Research should be viewed from the aspect of both the extent to which differences of view and to what extent the adoption and implementation of these concepts are implemented according to the principles of Muamalah Fiqh. In this study, the author is looking at the performance in terms of technical (software Bai 'Al-Inah) that have been adopted so far by Islamic financial institutions in Malaysia. Selection of the concept of Bai’ Al-Inah chosen for being the highest services offered by Islamic banking institutions and is the main service subscribed by the people of Malaysia. Although the Shariah Advisory Council of Central Bank of Malaysia (BNM) has been to try and make sure to constantly keep all that felt inappropriate to claim Muamalah Fiqh. However, this does not mean that Islamic financial institutions in Malaysia are now complete for the study authors on some of the existing terms and conditions in this service is still exist some practices that conflict with the claims Muamalah Fiqh. Finally, the paper work to see the constraints that exist and make recommendations and suggestions for improvement and the reference to be updated in the future for the development of Islamic banking in Malaysia in particular and the Muslim world in general.  


2016 ◽  
Vol 4 (1) ◽  
pp. 41-48 ◽  
Author(s):  
Bukhoree Lateh

At the recent decades, the business activity in Islamic Financial Institutions consists of funding, financing, and service. These are addressed to economic development and improving the society welfare. In the line of funding, the people can invest their money such saving and deposit. Uniquely, deposits may be withdrawn at any time with the use of checks, gyro, forms of payment order, or money transfer. But, not all gyro transactions can be justified by Islamic law (Sharia) in which uses the principle of sharia mutual benefit. Therefore, the National Sharia Council National Sharia Council of Indonesian Council of Ulama (NSC-ICU) deems it necessary to be set in the Fatwa mu’ā mala form that can be used as the guidelines for the implementation of current accounts in Sharia Banking Institution. It is referring to the National Sharia Board Fatwa DSN-MUI Number: 01/DSN-MUI/IV/2000). Based on the reason, this paper will explain the Implementation of Multiple Contract (al-'uqū d al-murakkaba) according to the fatwa of National Sharia Council.


2020 ◽  
Author(s):  
Kumara Kusuma ◽  
Muhamad Nafik Hadi Ryandono

<p>Islamic economy in Indonesia is in continuous development qualitatively and quantitatively. There are products of Islamic financial institutions which innovatively developed. However, there are findings which stated that the Islamic financial institutions in Indonesia still not in full compliance with the Shariah, especially in terms of fulfilling the justice experienced by Islamic bank’s mudarabah contract customers. The injustice is on the nisbah or ratio between the capital owner and the capital manager. There ara model or proposal to how to determine the profit sharing ratio, however, there is still none of them which dwelling on the idea of justice in profit sharing ratio. This research, using an explorative and qualitative approach contributes to the philosophical basis in determining the just profit sharing ratio. The reason for the research is since justice is one of the Islamic economy pillars in Islamic economy paradigm. By this research, it is hoped that the future practice of profit sharing ratio will be just for the actors of the Muḍārabah contract.</p>


2021 ◽  
Vol 4 (1) ◽  
pp. 1
Author(s):  
Aufa Islami

This research is entitled Analysis of Guarantees in Profit Sharing Contracts (Mudharabah and Musyarakah contracts) in Islamic banking. This research was conducted with the aim of analyzing the guarantees contained in profit sharing contracts including the Mudharabah contract and the Musyarakah contract in Islamic Banking. This article research uses a normative approach. The normative approach is used for research from the perspective of fiqh muamalat regarding the position of the guarantee in the profit sharing contract. From this research it can be concluded that basically there is no guarantee for profit sharing contracts, such as mudarabah and musyarakah, except as a guarantee of the possibility of moral hazard being carried out by the contract partners. In practice, Islamic financial institutions, especially Islamic banking, always withdraw material guarantees for the profit sharing contracts they cover with their partners (customers). However, it must be remembered that the withdrawal of the material guarantee must be limited to cases where there is a loss due to unlawful acts, negligence or default by the customer. In the event that the loss occurs beyond the customer's fault, negligence or breach of contract, the guarantee may not be executed.


2018 ◽  
Vol 2 (1) ◽  
Author(s):  
Arif Zunaidi Dan Fachrial Lailatul M

Revenue sharing is the mechanism of the profit sharing principle that is now the concern of many people about the existence of Islamic banking which is something new after the Prophet's death, so that a problem arises, is revenue sharing in accordance with maqashid sharia ?. Whereas maqashid sharia is an important basis in formulating Islamic economics which includes Islamic Financial Institutions (LKS) / Islamic Banking. Responding to these questions DSN MUI issued a fatwa number 15 in the year 2000 concerning the principle of distribution of business results in Islamic financial institutions. By using this descriptive-interpretive method, it is intended to find out how revenue sharing is in the maqashid sharia perspective, by giving a whole and systematic picture as a whole. So that, it can be seen that revenue sharing with the issuance of the DSN MUI fatwa on the ability to run a revenue sharing system in Islamic Financial Institutions (LKS) / Islamic Banking is based on several verses of Al-Qur'an and Hadith, and Fiqhiyah Rules. Keywords: Revenue sharing, Maqashid Shari.


2018 ◽  
Vol 10 (1) ◽  
pp. 62-77
Author(s):  
Norbaizurah Abdul Jabar ◽  
Razli Ramli ◽  
Sazali Abidin

Purpose In Malaysia, both Islamic financial institutions (IFIs) and Islamic co-operatives (ICs) provide mushārakah mutanāqiṣah (diminishing partnership) (MM) financing. It was initially a preferred contract as it is deemed to be more Sharīʿah-compliant and free from the element of ribā (interest) in comparison to other Sharīʿah-compliant sale contracts. Nevertheless, MM is now considered less appealing to IFIs due to its existing challenges. This paper aims to emphasise on MM as practiced by ICs which will highlight approaches to default, pricing of rental rates, profit sharing method and early settlement which differ to the practice of MM by IFIs. Design/methodology/approach This study focuses on Koperasi Pembiayaan Syariah Angkasa (KOPSYA), an IC based in Malaysia, which the authors concurred as being an ideal organisation to study on the matter due to its strong stance in promoting Sharīʿah-compliant financing products. Findings The research highlights the flexibility of MM implementation in KOPSYA to provide some insights on the rationale behind MM operations in KOPSYA. Originality/value The authors are hopeful that this paper will aspire further interest by giving the readers better understanding on the implementation of MM in KOPSYA and how it will benefit the customers.


2018 ◽  
Vol 5 (2) ◽  
pp. 276
Author(s):  
Eka Rahmawati Pangesti ◽  
Jaenal Effendi

<p>Equity financing is a type of financing that is the core business in the Islamic financial institutions and a differentiator with conventional financial institutions. But until now, the total equity financing is still relatively low compared with other types of financing BPRS channeled. BPRS Amanah Ummah is one of the institution conducts equity financing.  This study aimed to analyze the influence of sharing profit, DPK, CAR, FDR, inflation, and the BI rate to equity financing at BPRS Amanah Ummah. This study uses Error Correction Model (ECM). The results showed DPK and FDR variables significantly influence the development of equity financing in the short term while variable DPK, CAR, FDR, and the BI rate significantly influence the development of equity financing in the long term however, Profit sharing rate and inflation variable does not significantly influence the development of equity financing. </p>


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