| dc.description.abstract | The use of mudharabah deposits as a financing is rarely. Generally,
customers use tangible assets as collateral, and do not know that mudharabah and
savings deposits can be used as collateral for bank loans as well. Indeed, all banks
receive collateral in the form of mudharabah deposits, but a number of large banks
such as Bank Mandiri Syariah, BNI Syariah, BRISyariah etc., which allows
deposits mudharabah deposited customers are used as collateral when the
customer is taking to finance. The most important benefit is that customers can
retain ownership of the property owned by the customer. This solution is a way
out when the customer has a sudden need, because the customer has saved money
in the form of 6 or 12 months financing. Customers may borrow up to 70-90
percent of mudharabah deposits, depending on the policy of the sharia bank.
According to the above background the statement "The use of mudharabah
deposits as financing" according to the author is not appropriate, because in Law
No. 12 of 2008 on Islamic Banking and Fatwa National Sharia Council Majelis
Ulama Indonesia which is the legal umbrella of all activities in Islamic banking
has not regulated clear about the service.
Financing is cooperation between institutions and customers where the
institution as the owner of capital (shahibul maal) and customers as a function to
generate business. Mudharabah Deposit is an investment fund placed by a
customer that is not contrary to sharia principles and withdrawal can only be done
between the bank and investor customers. Rahn is the detention of an item with
the right so that it can be used as payment of the goods. Maqashid al-Shari'ah is
the law that is sanctioned for the benefit of the human world and afterlife.
The conceptual framework in this thesis research uses 3 (three) laws,
namely Law Number 12 Year 2008 on Sharia Banking, Fatwas issued by the
National Sharia Board of the Indonesian Ulema Council and the Compilation of
Islamic Economic Law which monitors all activities in sharia banking related to
financing mudharabah with mudharabah deposit bail. Starting from the customer
apply for financing until the sharia bank receives mudharabah financing bail with
mudharabah deposit bail.
The results of the study found that mudharabah deposits as collateral is
an immovable moving object and mudharabah deposit is the object of mortgage
guarantee. The receipt of mudharabah deposits as collateral for financing is
inseparable from the certainty of the amount with other financing collateral. So it
can be said that the provision of financing with mudharabah deposit guarantee
provides a very high level of security and surely for the creditors when
mudharabah deposits are issued by the Bank of Sharia financiers. The results of
the research in this second thesis is the debtor party to block and disbursement of
deposit funds in case of default. The time limit given by the bank is if there is a 1
day delay in the bank call and wait, from the result of the notification to the debtor to immediately pay it up to day 6, but if it does not pay off then on the 7th day if it
can not be executed in accordance with the agreement has been made by the
debtor with the bank, so the deposit guarantee is considered as a repayment of the
loan financing that the debtor has made. The result of this third thesis is Maqâshid
syari'ah and maslahat has a very urgent role to be used as a knife analysis in
answering the problems related to sharia economy and business growing today.
The obligations of Islamic jurists and economists and shari'ah businesses in
Indonesia work hard to always conduct studies related to the economic and
business issues of shari'ah, so that in its development is also really in accordance
with the context of Indonesiaan.Penyelenggaraan Syariah-based business
activities in Indonesia are based on the fatwa of the National Sharia Board of MUI
regarding the ability to conduct syariah-based business activities. Sharia banking
regulation must be free from sharia-prohibited practices such as riba’, ghahar, and
maisyir
In line with the results of the research, at the end of this study the
researcher gave the first recommendation addressed to the Parties concerned in
sharia banking more disseminating the existence of Sharia Bank to the public,
especially to the perception of some people who are pro and contra to halal and
haramnya usury or interest Bank as well as to the superiority of the concept of
sharia banking based on the principle of partnership. And more socialize services
products and services to the public through print media and internet media. For
sharia banks in Indonesia should refine mudharabah financing contracts, by
adding clauses that deal explicitly with regard to sanctions to be imposed on
customers who default | en_US |
