TINJAUAN HUKUM ISLAM TERHADAP PENERAPAN KONTRAK BAKU DALAM PENETAPAN NISBAH BAGI HASIL AKAD MUDARABAH DI LEMBAGA PERBANKAN SYARIAH

AINUL WARDAH, NIM. 14380023 (2018) TINJAUAN HUKUM ISLAM TERHADAP PENERAPAN KONTRAK BAKU DALAM PENETAPAN NISBAH BAGI HASIL AKAD MUDARABAH DI LEMBAGA PERBANKAN SYARIAH. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The standard contract is an agreement made by default by either party and the other party may only accept or reject the contract. Mudarabah is a contract reflecting that profit sharing must be based on agreement of both parties, fiqh scholars also stated that agreement whose profit depends on the policy of one of the party is not valid, and the agreement is considered as lease agreement. This is a problem when the banks take a policy to standardize and nominate the agreement but if it is connected with the changing times that not only the interests of customers only take precedence but also must consider the interests of these banking institutions. This research is library research which aims to find out how Islamic legal perspective in applying standard contract of determination of ratio for profit sharing mudarabah in syariah banking institution and focus of this research is to study data from some previous research findings, and its also verify data that has been collected by conducting interviews with several Islamic Banking Institutions. Furthermore, the approach of this study is the normative philosophy that is to see whether this contract is with existing provisions that exist in the rules of Islamic law and analyzed using the theory of change of Islamic law. Based on the results of research, the application of standard contract on syariah banking system is valid because it has fulfilled some requirements and pillars in Islam although not fulfill some principle of contract in Islam but do not make this financing contract is canceled because there is element of rida, then related to standard clause in akad mudarabah that is not in accordance with the principles of sharia, this can be seen from the absence of deliberations in the preparation or in terms of contract. But the application of standard contracts conducted by the banking sector is now aimed at the welfare of many people, so the application of standard contracts in sharia banking institutions may be applied and nominated on condition that the distribution of profit fluctuates in accordance with the profit obtained by the customer.

Item Type: Thesis (Skripsi)
Additional Information / Pembimbing: Abdul Mughits, S.Ag., M.Ag.
Uncontrolled Keywords: Mudarabah, Standard Contracts, Changes in Islamic Law, Maslahah teory.
Subjects: Ekonomi Syariah
Divisions: Fakultas Syariah dan Hukum > Hukum Ekonomi Syari'ah (S-1)
Depositing User / Editor: H. Zaenal Arifin, S.Sos.I., S.IPI.
Date Deposited: 08 Jan 2019 03:08
Last Modified: 08 Jan 2019 04:22
URI: http://digilib.uin-suka.ac.id/id/eprint/32277

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