Risk Mitigation in Cooperation Through Channeling Financing between Sharia Companies and Sharia Banks

Abstract

Cooperation through channeling between Sharia (Islamic) company and financial institutions can be done as long as it does not conflict with the principles of sharia. The purpose of this research is to analyze the risk mitigation of financing, especially in the cooperation between Islamic companies and financial institutions regarding the channeling financing. This research is normative study by statutory approach and a conceptual approach. Channeling financing should be done by fulfilling the principles of justice, balance, beneficence and universalism and not contain any gharar, maisir, usury, wrongdoing and haram objects. The contract that frames this collaboration is wakalah bil ujrah. Sharia companies as representatives of financial institutions that distribute sharia financing to customers receives compensation (ujrah) from managing the funds. Channeling financing, does not rule out the risk of mistakes (wanprestasi), therefore, if there is a mistake the one that took the risk is financial institution while Sharia Company does not take the risk. However, it is possible for Sharia Company to take the risks if Sharia Company does not mitigate the risk that should be carried out by the Sharia Company. It is concluded that, it is possible for Sharia Company to take the risks if Sharia Company does not mitigate the risk that should be carried out by Sharia Company in channeling Sharia financing to its customers.