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All Journal Jurnal Ekonomi dan Kewirausahaan Kreatif Journal of Industrial and Syariah Economics Journal of Islamic Finance and Syariah Banking
Ilmiyah, Izzatul
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Religion Economics, Econometrics & Finance Industrial & Manufacturing Engineering

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Analisis Fatwa DSN-MUI No. 73/DSN-MUI/XI/2008 tentang Musyarakah Mutanaqisah Najib, M. Thoha Ainun; Ilmiyah, Izzatul
Journal of Industrial and Syariah Economics Vol. 3 No. 1 (2025): October
Publisher : Program Studi Ekonomi Syariah STAI Senori Tuban

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63321/jise.v3i1.132

Abstract

The Murabahah contract, which has long been widely used by Islamic banking institutions to realize their financing functions, has shown several weaknesses, despite being a relatively certain and simple mode to implement. Such certainty, however, becomes a drawback for banks when the banking industry, including Islamic banks, must adjust the amount of credit payments made by customers in accordance with prevailing interest-based models within Islamic banking systems. The objective of this study is to analyze the legal foundations, rationality, and relevance of implementing the Musyarakah Mutanaqisah contract as a solution to the weaknesses of the Murabahan contract in modern Islamic financing. The research methodology employed in this study is library research, which involves examining various primary and secondary sources such as the fatwas of the National Sharia Council og the Indonesian Ulema Council (DSN-MUI), opinions of classical scholars related to partnership-based financing. The findings of this study indicate that the ijtihad of DSN-MUI in formulating the fatwa on Musyarakah Mutanaqisah is strongly supported by both naqli arguments and the views of previous scholars. Although Musyarakah Mutanaqisah represents a new form of business partnership, the application of a hybrid contract approach can serve as an innovative solution for Islamic banking, providing both convenience and fairness for customers
Implementasi Akad Mudharabah pada Produk Simpanan Hewan Qurban Abdilah, Ulil Absor Faiq; Mustofa, Mustofa; Ilmiyah, Izzatul
Journal of Industrial and Syariah Economics Vol. 3 No. 1 (2025): October
Publisher : Program Studi Ekonomi Syariah STAI Senori Tuban

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63321/jise.v3i1.133

Abstract

Although conceptually, the mudharabah contract emphasizes business cooperation between the fund owner (shahibul maal) and the fund manager (mudharib), in practice, there are still discrepancies between theory and its implementation in the field. This study aims to analyze the implementation of the mudharabah contract in the SiMudaQu product and to assess its level of compliance with Sharia principles and the DSN-MUI fatwa. The research methodology used in this study is descriptive qualitative research with a field research approach. Data collection techniques were employed through in-depth interviews, direct observation, and documentation studies involving BMT managers and members who utilize the SiMudaQu product. The data obtained were analyzed using a descriptive qualitative analysis method by comparing the practices in the field with the theory of fiqh muamalah and the provisions contained in DSN-MUI Fatwa No. 07/DSN-MUI/IV/2000 concerning Mudharabah (Qiradh) Financing. The results show that the implementation of the mudharabah contract in the SiMudaQu product is not fully in accordance with the theory of fiqh muamalah. Administratively, the BMT has used the mudharabah contract through the signing of documents and the establishment of a ratio of 40% for members and 60% for the BMT. However, the savings funds are not managed productively, as is characteristic of a true mudharabah. This practice indicates that the contract used is still formal and administrative in nature and does not reflect the principles of partnership and justice as stipulated in the DSN-MUI fatwa No. 07/DSN-MUI/IV/2000. Therefore, a review of the application of the contract in the SiMudaQu product is necessary to ensure its compliance with sharia principles and the values ​​of maqāṣid al-syarī‘ah.
Co-Authors Abdilah, Ulil Absor Faiq Abdul Muiz Istingadah, Istingadah Mujib, Muhamad mujib, muhammad abdul Mustofa Mustofa Najib, M. Thoha Ainun Rosyidah, Irma Zainab Zaman, Badaruz