PENANGGUNGAN RISIKO PADA AKAD MUSYARAKAH DI KOPERASI GEMI YOGYAKARTA

Aisyah Hikmatul Maula, NIM.: 20103080055 (2024) PENANGGUNGAN RISIKO PADA AKAD MUSYARAKAH DI KOPERASI GEMI YOGYAKARTA. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Sharia financial institutions have a role as an alternative solution in maintaining Islamic law. One of them is sharia cooperatives which can develop quickly because they are able to increase public interest and awareness of the prohibition of usury and can be easily reached by the entire community. All products and operations of sharia cooperatives must be carried out in accordance with the fatwa of the National Sharia Council (DSN) of the Indonesian Ulema Council NO: 141/DSN-MUI/VIII/2021 concerning guidelines for the establishment and operation of sharia cooperatives so that sharia cooperatives are not permitted to run businesses that contain elements of elements of usury, maysir, andgarar.One type of financing that is much sought after by members of the GEMI Yogyakarta cooperative is musyarakah financing. According to the Fatwa of the National Sharia Council (DSN) of the Indonesian Ulema Council NO:08/DSN-MUI/IV/2000 concerning musyarakah financing, it is stated that losses that occur in financing musyarakah contracts are borne by both parties based on the contribution of funds. Therefore, to find out more deeply about musyarakah financing carried out by the GEMI Yogyakarta Cooperative, the author raises this issue in a thesis entitled "Risk Coverage in Musyarakah Contracts in the GEMI Yogyakarta Cooperative". The type of research used in this research is field research, namely research carried out directly, intensively, in detail and in depth on objects to obtain accurate data as material for analysis with a descriptive qualitative design. The research was conducted directly at the GEMI Yogyakarta Cooperative and at the cooperative members' locations. The data source in this research is the primary data source resulting from observation, documentation and interviews with the management and members of the GEMI Yogyakarta Cooperative. Secondary data obtained from books, journals, laws and regulations and articles. The results of the research show that the implementation of musyarakah financing has fulfilled the pillars and requirements of musyarakah so that it is in accordance with what is regulated in the muamalah contract. Risk coverage in musyarakah contracts in the GEMI Yogyakarta cooperative is not in accordance with the MUI National Sharia Council Fatwa No.08/DSN-MUI/VI/2000 concerning musyarakah financing because the fatwa does not explain in detail the risks that occur in musyarakah financing. However, it has fulfilled the principles in the muamalah agreement, namely the principle of balance and the principle of justice because the risks that occur due to force majeure are borne by the cooperative. This is appropriate because members are active partners, namely carrying out business entirely in musyarakah financing and cooperatives as passive partners. Therefore, the rights and obligations of each party have been fulfilled in the musyarakah financing carried out by the GEMI Yogyakarta cooperative so that no party is harmed.

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