TINJAUAN HUKUM ISLAM TERHADAP PRODUK TABUNGAN EMAS DIGITAL DALAM FITUR E-MAS BANK SYARIAH INDONESIA

Wanda Yulisa, NIM.: 18103080041 (2022) TINJAUAN HUKUM ISLAM TERHADAP PRODUK TABUNGAN EMAS DIGITAL DALAM FITUR E-MAS BANK SYARIAH INDONESIA. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Saving and gold are the two most common investment in society. In general, people save their money in the bank and buy gold jewelery to invest. However, various financial instutions, both banks and non-banks, issued saving products that based on 24karat gold. Bank Syariah Indonesia is one of the banking institutions that has this product. Uniquely, in Bank Syariah Indonesia's gold savings product, all transactions in the product are carried out digitally. Sale and purchase transactions as the main contract in Bank Syariah Indonesia's digital gold savings product, are all carried out without any meeting between the bank and the customer, but only through the gold feature contained in the BSI Mobile application. Due to the uniqueness and novelty of the product and the contracts contained therein, the author feels that there is an urgency to conduct an Islamic legal review of the product. The research method used is a qualitative method with descriptive research characteristics. The type of research used in this study is field research which is called empirical juridical research that examines the legal provisions that apply and what has happened in people's lives. Data collection techniques were carried out by means of observation, interviews and documentation. The formulation of the problem in this study is how to practice digital gold savings products in the gold feature of Bank Syariah Indonesia, and how to review Islamic law on digital gold savings products in the gold feature of Bank Syariah Indonesia. Based on the research results, the practice of buying and selling carried out in digital gold savings products is buying and selling in cash, which can be done in two directions between the bank and the customer. The validity of a contract is the fulfillment of the pillars and conditions of the contract. In the practice of buying and selling, there is a defect in fulfilling the objective conditions of the contract, where the object of the contract, namely gold, is unclear and is not handed over to the customer when the sale and purchase contract takes place. This indicates that there is garar, because the sale and purchase that is carried out can be the sale and purchase of ma'dum which according to Islamic law is invalid. Furthermore, the same defect occurs in the implementation of the wadiah contract where the object for safekeeping is not handed over. Because the sale and purchase contract and the wadiah contract in digital gold savings are two related contracts, when the previous sale and purchase transaction is declared invalid and null and void, the wadiah contract cannot work.

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