TINJAUAN HUKUM ISLAM TERHADAP PENERAPAN ASAS KEBEBASAN BERAKAD DALAM PEMBIAYAAN MURA>BAH}AH DI BMT AMANAH GULON SALAM MAGELANG

ENY SHOLEKHAH, NIM. 15380002 (2019) TINJAUAN HUKUM ISLAM TERHADAP PENERAPAN ASAS KEBEBASAN BERAKAD DALAM PEMBIAYAAN MURA>BAH}AH DI BMT AMANAH GULON SALAM MAGELANG. Skripsi thesis, UNIVERSITAS ISLAM NEGERI SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Amanah BMT, locates in Gulon Salam Magelang, was established because there were many small businesses whose capital needs were not fulfilled, especially middle to lower traders around Muntilan market which generally could not enter the existing Bank or BPR. So that traders are fulfilled by loan sharks or plecit banks that are felt to be very entangled because the interest rates are very large. And the existence of a standard contract when the customer will conduct financing at the bank in which there are clauses that are not all aggreed by the customer, of course in that case the standard contract is very contrary to the principle of freedom of contract, because there is no balanced bargaining. In Amanah BMT, freedom of contract is only applied in terms of channeling funds or financing, while in the collecting of funds not given the widest freedom in determining the contents of the contract. In financing, BMT Amanah gives members freedom in the borrowed funds are repayed continuously, in which members may determine how many times in a month, it to be done because many members feel that their capital needs have not been fullfilled, therefore the alternative way is doing murabaha financing at Amanah BMT to fullfill their needs. This research is a field research. In collecting data we use primary data by interviews and observations of BMTs and members, the approach used in this research is a normative approach. This approach is based on Islamic law, namely the Qur'an, the Prophet's hadith and fiqhiyyah rules. Research that examines and analyzes how the application of the principle of freedom of contract in murabaha financing, in this research emphasizes, whether the application is in accordance with Islamic law and muamalat principles. Based on the results of research conducted at Amanah BMT, the composer came to a conclusion, namely: the application of the principle of freedom occurs at the beginning of the agreement making process that begins with a balanced bargaining and is free to determine the contents of the contract only applied in the distribution of funds, namely murabaha financing. And the application in the principle of freedom contract on murabaha financing is seen to be in accordance with the provisions of Islamic law that are free from usury, garar and maisir element.

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