This study was purposed at identifying the various transactions in Islamic banking of West Sumatera were categorized on the "debts"; describing the implementation of the transaction; and analyzing the various transactions were based on the economic fiqh perspective. This study belongs to qualitative case study by using in-depth interviews as research instrument. The data were analyzed qualitatively based on the economic fiqh perspective, Al-Qur'an, Sunnah, Ijtihad the scholars, and the Fatwa of National Sharia Council (DSN) and Indonesian Council of Scholars (MUI). The results of this study revealed that the types of transactions were categorized "debts" was murabahah, qardh (bailout pilgrimage), hiwalah, and rahn (pawning gold). Murabahah was presented on all Islamic Bank but not all transactions on Islamic banking of West Sumatera based on the economic fiqh perspective such the calculation of the margin murabahah based on the amount of banks financing. Then the calculation of ujrah on the bailout pilgrimage was still based on the amount of bail. Furthermore, the calculation of ujrah on pawning gold was not based on the calculation of the treatment period but to the amount of "debt" funds. The conclusion was the implementation of the "debts" contract in Islamic banking of West Sumatera not run well as the economic fiqh perspective.
This study aims to explore the implementation of the pagang gadai contract and identify its impact on the social disharmony of actors in the Minangkabau community. The category of this research is ethnography, with data collection techniques through in-depth interviews with 13 people as resource persons who were determined based on purposive sampling and snowball sampling, located in 5 Nagari in Tanah Datar Regency, as a representation of the Nagari of origin of the Minangkabau people. The results of the study found that the implementation of pagang gadai as a form of part of debt and receivable transactions has many variants in processing and utilizing the results of the object of pawning land. Some are managed by the pawnbroker (the debtor) with some of the proceeds destined for the pawnbroker (the debtor), in addition, some are managed by the pawnbroker with the proceeds of the object being fully under his control. As for the impact on social relations, there has been disharmony, both internal to the pawnbroker and between the pawnbroker and the pawnbroker, which is caused by inconsistencies in the implementation of customary norms and rules, unequal paradigms in following up on awareness of mistakes in the implementation of pawning so far, and also because authoritarian leadership pattern on “mamak” as tribal head.
Abstrak: Kesemarakan pertumbuhan perbankan syariah terutama di negaranegara Muslim pada beberapa dekade terakhir tidak dapat dipungkiri. Namun di balik pertumbuhan tersebut bank syariah sering dikritik hanya sekadar ganti "baju" dengan klaim bahwa bank ini mengambil beberapa konsep dari dari bank konvensional kemudian menggantikannya dengan idiom-idiom yang ada pada fiqih muâmalah. Tulisan ini memaparkan penjelasan terhadap pertanyaan tentang keberadaan bank syariah dengan merujuk pada skim murâbahah, bagaimana perasaan dan perbedaan antara kedua sistem Islam dan konvensional, serta implikasi sistem perbankan Islam dalam transaksi ekonomi yang menyeluruh. Penulis berargumen bahwa kendati skim murâbahah bukan merupakan instrumen ideal untuk mencapai tujuan riil ekonomi Islam, skim murâbahah ini ternyata mengandung banyak persoalan, terutama kalau dilihat dalam perspektif syariah secara puristik ataupun menurut paradigma tentang bank.Abstract: The Dilemma of Murabahah Skim in Shari'a Banks. The flourishing development of Shari'a Banks especially in Islamic countries for the last few decades are undeniable. However, despite such tremendous development it has often been criticized for being only changing suit claiming that it has taken some conventional system concepts which are then modified in acoordance with idioms found in Islamic jurisprudence discourse. This paper then sheds some lights on some questions of the existence of Shari'a Banks with specific reference to murâbahah skim, how the two system similar to or different from each other, as well as the implication of the Islamic banking system in the general economic transaction. The author argues that although the murâbahah skim is not an ideal instrument in achieving the real objective of Islamic economy, its domination as an important skim, however, seems to be in dilemmatic position between the pragmatic demands of the need of pure Shari'a laws as a genuine reference and the role of banks should fulfil.Kata Kunci: perbankan syariah, murâbahah, ekonomi Islam
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