Akad Pembiayaan Murabahah DIitinjau dari Prinsip Syariah (Studi Analisis Akad Pembiayaan Murabahah Nomor 133 Pada Bank Mega Syariah)

Zulfadli, Zulfadli (2017) Akad Pembiayaan Murabahah DIitinjau dari Prinsip Syariah (Studi Analisis Akad Pembiayaan Murabahah Nomor 133 Pada Bank Mega Syariah). Other thesis, Universitas Islam Riau.

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Abstract

Islamic banks are banks that carry out fund-raising from the public and distribute it to the public based on Islamic principles (free of usury, maisyir, gharar, illegitimate and unjust) by upholding the values of justice and prudence. Islamic banks in carrying out its activities should make a contract in writing with reference to Islamic principles, justice and prudence. With reference to Islamic principles, justice and prudence, then the entire contract made by the Islamic banks and customers should not raise legal problems, because in accordance with the characteristics of the perfect Islamic teachings and mercy to all the worlds. The development of Islamic bank in Indonesia was encouraging, but these developments can not be separated from the legal issues, it is marked by the rise of Islamic banks that apply for the execution of the security rights to the Religious Court because of customer default. Special Islamic banks which are in the Riau province of mortgage execution request is dominated by Bank Mega Syariah based murabahah financing agreement and the rest of the contract have the same format. The principal issues are researched in this thesis is to find out the contents of Murabahah Financing Agreement Number 133 and further analyze the suitability of the content of Murabahah Agreement Number 133 with Islamic principles. This study uses normative research, by examining the contents of Murabahah Financing Agreement Number 133 then analyzes the murabahah financing agreement with Islamic principles. After the authors analyzed the contract, subsequently conclude with the deductive method. After doing research, it is known that the scheme murabahah financing by Bank Mega Syariah and clients are clients apply for a financing facility to the bank, after the petition financing facility was approved by the bank, the bank and its customers make financing agreement murabahah and the bank at the same time be represented to clients to buy goods from suppliers to the benefit of the banks with funds from the bank, then the customer pays to the bank in installments by the agreed selling price of the bank and the customer. Point-point agreement contained in the Agreement Murabahah Number 133 contains several drawbacks, namely impressed transactions such as borrowing money, goods not owned by a bank (the seller), the mention of objects that are not clear, financing tends to be expensive, covenants were made related to the achievement of a third party , denying some of the provisions set out in the legislation, and accommodate the interests of the banks on behalf of customers. If the weakness contained in the contract when analyzed with Islamic principles contain elements of usury, gharar, and unjust and incompatible with the principles of justice.

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