Konstruksi Hukum Jaminan Pada Akad Mudharabah (Studi di Surakarta)

DEWI PUTRI, ARINTA and , Wardah Yuspin, S.H.,M.Kn.,Ph.D. and , Prof. Dr. Absori, S.H., M. Hum (2020) Konstruksi Hukum Jaminan Pada Akad Mudharabah (Studi di Surakarta). Thesis thesis, Universitas Muhammadiyah Surakarta.

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Abstract

Mudharabah transactions are cooperation-based transactions. If this transaction is applied in Islamic banking transactions where in the transaction there is a requirement that there is a guarantee that is the basis for whether or not the mudharabah financing proposal is submitted there will be some discrepancies between the existing practice and theory. This article aims to find a solution to how the guarantee and execution law should be most Appropriate for sharia-based financial transactions. This article is compiled using three methods, the first is literature study, secondly with interviews and observations at the Afta & Brother Office and BNI Syariah Surakarta. The third step is the Takwil approach, where by interpreting the Qur'anic verses based on reason that aims to reveal the meaning contained in a text and choose the right one. The finding in this article is that it is necessary to improve the Sharia-based guarantee system where guarantees are no longer based on material guarantees but guarantees based on the ability to pay from customers. The ability to pay does not have to always be proven by material security but can be realized by the reputation of the customer in the community which can be proven by written statements from community leaders or religious leaders about the customer's credibility and accountability. This can be an input for policy makers that there is a need for a compatible sharia-based guarantee system to be applied to the sharia financial system.

Item Type: Karya ilmiah (Thesis)
Uncontrolled Keywords: Mudharabah, Guarantees, Institutionalization of sharia guarantees, execution of guarantees, mudharabah disputes
Subjects: K Law > K Law (General)
Divisions: Fakultas Pasca Sarjana > Magister Hukum
Depositing User: ARINTA DEWI PUTRI
Date Deposited: 03 Nov 2020 02:39
Last Modified: 03 Nov 2020 02:39
URI: http://eprints.ums.ac.id/id/eprint/86805

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