Konsep Akad Mudharabah dalam Perbankan Syariah

Abstract

Islamic banking has a significant difference with conventional banks. This difference can be seen from the application of the contract from the two banks. One of the contracts applied to Islamic banking is mudharabah. Mudharabah contract is a basic principle in running a business by the parties. These parties are Islamic banks and customers. Therefore, this study was conducted with the aim of examining the mudharabah contract starting from the pillars, terms, distribution, benefits, and their application to Islamic banking. This research is library research with a qualitative approach. The data selected is secondary data in the form of primary legal materials and secondary legal materials. The method used in analyzing the data is a qualitative and descriptive analysis method. The result of the research is that the mudharabah contract applied by Islamic banking is based on the principle of justice. Mudharabah is carried out with a profit-sharing system that is approved by the parties in the contract. In the principle of the mudharabah contract, not only profits are shared equally, but if you experience other risks such as losses, the loss will be borne jointly by the parties making the contract. Therefore, the parties to the contract, both Islamic banks and customers, must both have a high level of trust. This is because high trust is a characteristic of mudharabah financing. In addition, it is feared that Islamic banks will face problems of moral hazard and information asymmetry, as is often the case with banks.