PRINSIP-PRINSIP HUKUM PEMBIAYAAN DENGAN AKAD MURABAHAH PADA PERBANKAN SYARIAH

Abstract

Financing by murabaha contract is one of the product distribution of funds by Islamic banks to customers in the form of goods using purchase contract. Bank here as a creditor due to channel funds to purchase consumer goods clients and vendors as well as bank and then sell the goods to the customer. There are two principles of law as well, which is financing the legal principles and legal principles of selling beli.Prinsip confidence and caution in the financing is a must because the Islamic banks are channeled public funds to be returned, but kesyariahan aspects can not be ignored because it involves the validity of the contract. The legal principle of sale (murabaha) includes the principle of consensual, traded goods owned, traded goods are not goods that are forbidden, and the principle of honest, because murabaha sale is a sale of the trust, the seller which in this case the bank must explain honestly that the selling price of the purchase price plus the costs and benefits agreed upon.

Profit in murabaha scheme in practice is higher than conventional bank interest, but because of the conventional banks in a lending contract akadnya using "credit" financing in Islamic banking while using the sale and purchase agreement "murabaha" so that the legal base used "al-hukmu" different, it means one of the pillars of qiyas is not met, then it can not be applied qiyas and can not be said to be usurious, it's just that it will tarnish the community's sense of justice. In financing the sale and purchase contract with an engineering murabaha loan scheme to avoid flowers that are believed to usury. Engineering practices are called hilah, and for good hilah allowed in Islam. Instead of people chained to the practice of usury, so it's more important to avoid usury, and Islamic purification needs to be done.

After the agreement between bank and customer makaseketika also both related to the legal relationship. Legal relationship associated with murabaha financing agreement because banks do not have the required items the customer, it will involve third parties in this case are a supplier / distributor, so the law will be the relationship between banks and customers, banks and suppliers, and customers and suppliers . In an agreement could have on the way there are those who later aka broken promise / achievement wan, wan and achievements of these disputes will arise between the parties relating to agreements entered into or intended. Principles of dispute resolution that has been anticipated legislation, namely through the absolute litigation under the authority of the Religious (No.3Tahun Act 2006), and jal; ur non litigation that includes consultation, mediation, banking, and through the agency of national sharia arbitration (Act # 21 of 2008)