PERBEDAAN KONSEP QARD DAN DAIN DAN RELEVANSINYA TERHADAP PENERAPAN BUNGA DALAM LEMBAGA KEUANGAN

Mhd. Abyan Fauzi, S.H., NIM.: 20203012050 (2023) PERBEDAAN KONSEP QARD DAN DAIN DAN RELEVANSINYA TERHADAP PENERAPAN BUNGA DALAM LEMBAGA KEUANGAN. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

This thesis examines the concept of debt and its relevance to the application of interest in financial institutions. In Islamic law, the concept of debt is divided into two general terms, namely qarḍ and dain. Qarḍ is a lending and borrowing activity between individuals without a specified time limit that aims to fulfill basic needs. While dain is debt that arises as a result of lending and borrowing transactions, buying and selling, compensation for destroying other people's property, or fulfillment of rights. The existence of different definitions and objectives of the two concepts has implications for the application of the law, especially for financial institutions that provide debt/financing with an interest system. Therefore, the focus of this research refers to the following problem formulation: how are the concepts of qarḍ and dain different in fiqh muamalat? how is the relevance of the concept of qarḍ and dain to the application of interest in financial institutions? This type of research is library research with qualitative methods which is carried out by examining a number of literature and laws and regulations using a normative and conceptual approach. While the analytical method is carried out by bayani analysis to find new meanings about the concepts of qarḍ and dain contained in the Koran and Hadith. The results of this study are: that the qarḍ concept can be applied to individual transactions and is irrelevant when applied to financial institutions. This departs from the purpose of the concept of qarḍ as providing loans for basic needs and has no term. While the dain concept, apart from being applicable to individual transactions, can also be applied to financial institutions. While in relation to interest, the concept of qarḍ is not allowed. That's because the qarḍ loan is for helping out. In addition, 100% of qarḍ loan capital comes from creditors. Whereas in the concept of dain, flowers are allowed. This is due to the relevance and suitability between the concepts in dain and those in financial institutions. In addition, loan capital provided by financial institutions is not 100% sourced from banks, but is a combination of bank capital and third party funds. The application of interest in financial institutions is also not the same as usury. Riba is the profit earned on a given loan. Meanwhile, apart from being intended for the benefit of financial institutions, interest is also intended to pay fees for completing lending facilities.

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