Studi kritis model perjanjian mudarabah pada perbankan syariah di Indonesia

Muhammad Sjaiful

Abstract


The presence of Islamic Banking in Indonesia on the one hand it should be welcomed because it is a
proof of the excitement of the majority of Muslims in the country to attempt to practice the teachings
of Islam in the life of the muamalah each other. But very unfortunate if the concept of Islamic Banking
is still graft the principles of usury-based conventional banks. As shown in the mudaraba agreement
scheme practiced by some Islamic Bank is still causing some problems from the viewpoint of Sharia,
including Islamic Banking legal standing as related parties in the mudaraba agreement itself, the dual
status, on the one side and the other side as mud}a>rib as s}ahib al mal. Held dual status that Islamic Banking
course diametrically opposed to the principles of sharia. Another serious problem that was seized in
Mud}arabah current agreement scheme is a scheme which is essentially an agreement contract debts
between Islamic Bank is positioning itself as a cahib al-mal with customers who position themselves as
mud}a>rib. Being stuck mud}arabah made Islamic Bank debts into the scheme of course is very dangerous
from the point of view of sharia because it would trap the usury-based parties in the transaction. For the
reconstruction of the model that needs to be done mudaraba agreement on Islamic banking that
models the agreement actually purely on the basis of pure sharia upright.

Keywords


Sharia banking; Mudarabah; Customer; Loan

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DOI: https://doi.org/10.18326/ijtihad.v15i1.119-136

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