TINJAUAN HUKUM ISLAM TERHADAP JAMINAN PADA MURABAHAH CICIL EMAS (Studi Kasus: Bank Syariah Mandiri Kantor Cabang Pembantu Klaten)
Abstract
This research aims to find out the review of Islamic law on the warranty of gold installment of murabahah in Sharia Bank Mandiri of Klaten Branch. This research employs descriptive qualitative research using primary data. The population of this research consists of all employees in Sharia Mandiri Bank of Klaten Branch, as many as 31 employees, and 4 respondents were used as sample using purposive sampling technique. The analysis instrument used descriptive qualitative method.
The research finding shows that the installment of gold at Sharia Mandiri of Klaten Branch uses murabahah akad as transaction way and rahn as guarantee. The implementation of gold installment murabahah at Mandiri Shariah Bank of Klaten Branch is in accordance with the Fatwa of National Islamic Council No : 04/DSN-MUI/IV/2000. Mandiri Sharia Bank set guarantee for the installment of gold. The object of transaction is used as guarantee, therefore the object is withheld, while based on the requirement of transaction, the object of transaction should be given to buyers. The conflicting akad causes the objects of transaction is withheld and the requirement of transaction is not fulfilled. When it is reviewed from Islamic law, the guarantee of gold installment murabahah at Mandiri Sharia Bank of Klaten Branch is not prohibited because it is in line with the Fatwa of National Islamic Council No : 77/DSN-MUI/V/2010 about gold installment not in cash. In this fatwa it is explained that the purchased gold bought not cash cannot be used as guarantee (rahn).