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Application of the Concept of Hybrid Contracts Pawning and Gold Investment in Sharia Banking (Case Study of Indonesian Sharia Bank KCP Majalengka Duchy) Nungki, Nungki Pahrussadi; Nana, Nana Herdiana; Yoyok, Yoyok Prasetyo
Zona Law And Public Administration Indonesia Vol. 2 No. 1 (2024): JANUARY 2024
Publisher : Yayasan Mentari Madani

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Abstract

The practice of gold pawning and gold investment has been widely practiced by Bank Syariah Indonesia. In this case, the author chose Bank Syariah Indonesia (BSI) Kadipaten Sub-Branch Office, Majalengka as the object of writing, namely to see the practice of gold pawning and gold investment carried out. In this study, the authors set two problem formulations, namely how the implementation of Hybrid Contracts on gold pawning and gold investment at Bank Syariah Indonesia (BSI) Kadipaten Sub-Branch Office, Majalengka and how Islamic law views the implementation of Hybrid Contracts on gold pawning and gold investment at Bank Syariah Indonesia (BSI) Kadipaten Sub-Branch Office, Majalengka. In the process of writing this paper, the author uses qualitative research methods and is descriptive qualitative. The data collection technique uses interview techniques, sources from related books and journals, after research, that BSI Kadipaten conducts 3 contracts, namely rahn contracts, qardl contracts, and ijarah contracts in gold pawning practices and 2 contracts for gold investment practices, namely murabahah (sale and purchase) and rahn (pawn) contracts. From the results of the research conducted, the researcher concluded that the implementation (practice) of gold pawning at Bank Syariah Indonesia (BSI) Kadipaten Sub-Branch Office, Majalengka has fulfilled the pillars and conditions of each contract used. So that in the view of Islamic law the implementation of gold pawn financing at Bank Syariah Indonesia (BSI) Kadipaten Sub-Branch Office, Majalengka has been valid and may be carried out and there is no violation of sharia and there is nothing different from the gold pawn standard at Bank Syariah Indonesia (BSI) Kadipaten Sub-Branch Office, Majalengka, while the legal basis of Islamic gold investment is, Law No. 21 of 2008 concerning Islamic Banking, and DSN-MUI Fatwa No. 77/DSN-MUI/VI/2010 concerning Cashless Gold Buying and Selling. Circular Letter of BI (SE BI) No. 14/7/DPBS dated February 29, 2012 on Gold Collateralized Qardh Products for Islamic Banks and Islamic Business Units (UUS). DSN-MUI fatwa No. 25/DSN-MUI/III/2002 dated June 26, 2002 on Rahn and DSN MUI Fatwa No. 26/DSN-MUI/III/2002 dated March 28, 2002 on Gold Rahn. There are two opinions regarding the validity of Islamic gold investment, there are jumhur scholars who allow and some prohibit. Translated with DeepL.com (free version)
Application of Hybrid Contracts Concept in Islamic Credit Card Products and Murabahah Financing Syaukani, Syaukani Rahmat; Herdiana, Nana; Yoyok, Yoyok Prasetyo
Zona Law And Public Administration Indonesia Vol. 2 No. 1 (2024): JANUARY 2024
Publisher : Yayasan Mentari Madani

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Contracts are a fundamental element in modern contract and business law. A contract is usually a written agreement between two or more parties that stipulates the rights, obligations and responsibilities of each party regarding a particular transaction or agreement. However, in the ever-evolving business world, there are situations where the needs and objectives of the parties cannot always be accommodated by traditional contract models. Including innovation and business development in the Sharia Card concept and Murabahah bil Wakalah financing are examples of Hybrid Contracts. This research uses a descriptive qualitative methodology to describe and analyze in depth based on the data obtained. The view of fiqh experts regarding hybrid contracts is an important issue in the context of Sharia business. The majority of ulama tend to view hybrid contracts as permissible in Sharia principles, referring to the rule of al-istishab al-ashliyah, which states that everything is considered halal as long as there are no arguments indicating its haraam. However, debate has arisen regarding the hadith which prohibits two buying and selling in one contract. Although there are different views among schools of fiqh, the hybrid contract concept is considered to be applicable in Sharia economic transactions by paying attention to the underlying principles of Islamic law, including the application of the contract concept used in Sharia Cards and murabah bil wakalah contract financing.