Abstrak
In fact the Islamic banking in Indonesia has not attracted Indonesian Muslims to use Islamic banking institutions. Based on data from the Financial Services Authority (OJK) until 2014 the Islamic banking its market share is only 4.79 percent of the total national banking. Many people assume that Islamic banks are not unlike conventional banks only use sharia stamp therefore they prefer conventional banks due to more professional. If this is allowed even Islamic banks will lose money in the long run. This research uses quantitative and qualitative methods. This study conducted on the Islamic banking system in Indonesia. The sampling conducted on 30 scholars (ulema) in Indonesia from six provinces and extraction is done by purposive sampling. The results showed that the scholars said Islamic banks in Indonesia have not been pure run Islamic Shari'a. This study also shows that Islamic Bank still a practices were doing was not syar'i for example in the murabaha. Islamic banks do not carry out the syariah and fatwa murabaha ordered by the Board of sharia National MUI on the fatwa No:04/DSN-MUI/IV/2000.
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Keywords:
Murabahah, Scholars, Usury, Islamic Bank
INTRODUCTION
The emergence of banks that
tried to implement sharia practice is that we should be grateful. But still a
lot of practices they were doing was not syar'i. An example is the Murabaha
system. This transaction systems often found in banks in the name itself
"Islamic Bank." Many Muslims who fall asleep with the name of Islamic
or Arabic name on the product, so rare among those who noticed or questioned
carefully the system transactions.
Many people are not
satisfied and questioned the practices in Islamic banks on Indonesia are
allegedly still can not be 100% guaranteed in line with Islamic law. According
to them, there are still too many loopholes and the gaping hole, where we can
see very clearly in it there are so many violations of Islamic law. Although
there is the Sharia Supervisory Board (DPS) at an internal level or the
National Sharia Board (DSN) from the external, but many have considered that a
violation of sharia still seems real.
Many scholars in Indonesia
said that many of the practices of Islamic banks currently not sharia-compliant
and still the same as a conventional bank practices. Even in August 2012 the
National Sharia Board - Indonesian Ulama Council (DSN-MUI) has issued an appeal
to the leadership of Islamic banks related to the mechanism of receipt of funds
to Islamic Financial Institutions and the distribution of funds to customers
that it is still not in accordance with Islamic principles. Appeal to the
leadership of this Islamic bank in connection with a lot of information
received by the National Sharia Council - the Indonesian Ulema Council
(DSN-MUI) about the practice of Islamic banks is not according to Islamic
principles. In the appeal DSN-MUI stipulates that every receipt of funds
Islamic Financial Institutions should use a contract based on sharia, Islamic Financial
Institutions that funds should ensure that the contract is used in the
distribution of these funds should be based on sharia and should not be based
on usury, Islamic Financial Institutions should have good control mechanisms to
ensure the observance of aspects of Islamic Sharia Supervisory Board in their
respective Islamic Bank in order to oversee the implementation of this appeal.
In fact the Islamic banking in Indonesia has not attracted Indonesian
Muslims to use Islamic banking institutions. Based on data from the Financial
Services Authority (OJK) until 2014 the Islamic banking its market share is only 4.79 percent of the total national banking. Many people assume that Islamic banks are not unlike conventional banks
only use sharia stamp, therefore they prefer conventional banks
due to more professional.
LITERATURE
REVIEW
Syariah banking or Islamic banking is a banking system whose implementation is based on Islamic law (sharia). The establishment of this system is based on the prohibition in Islam to lend or picking up a loan with a loan charging interest (riba), as well as the prohibition to invest in businesses categorized forbidden ( haram ). Conventional banking system can not guarantee the absence of these things in investments.
As for the legal sale and purchase murabaha, originally allowed. The
proposition of this is the generality of the word of Allah Ta'ala that explains
halalnya purchase. Allah the Exalted says, "But Allah has permitted
trade" (QS. Al-Baqarah: 275). Allah the exalted says, “"Except with
the commerce of mutual blessing in you" (Qur'an, An-Nisa ': 29).
Murabaha includes buying and selling of mutual blessing between
sellers and buyers, thus including the buying and selling is allowed. The
Prophet Muhammad sallallaahu' alaihi wa sallam said, ""Those who buy
food, then he should not sell it until he has finished receiving (HR. Bukhari no. 2136 and Muslim no. 1525). On
the hadist from Ibn 'Umar bin Khattab said, "We were at the time of the
Prophet Muhammad sallallaahu 'alaihi wa sallam buy groceries. Then someone sent
us. He was told to instruct us to remove the foodstuffs that have been
purchased earlier to another place, before we sell it. "(HR. Muslim no.
1527).
Murabaha in fiqh perspective is one of
the form buying and selling that is trustworthy ( bai ' al - mandate ) . Buying
and selling different with purchase musawwamah / bargaining . murabaha
implemented between seller and buyer based on the price of goods , the original
price purchase the seller known by the buyer and profits taken by the seller to
the buyer was notified , while musawwamah is a transaction that is executed
between the seller and the buyer with a price without seeing the original price
of goods. Buying and selling are also including in this case is the sale and
purchase wadhi'ah, namely resell at a low price ( less than the original price purchases
) , and buying and selling tauliyah , which sell for the same price with the
purchase price.
Etymologically, murabaha is derived
from the word al - ribh which means excess, talk about the murabaha then it
will not be released by the system of buying and selling that in the so-called
fiqh al - bai. Etymologically the word al - bai ' can be interpreted by the
exchange, in other words, al – ribh can be interpreted as an advantage, profit,
avail, the Qur'an says ribh with gains meaning can be found in the letter al-Baqarah
[2] Paragraph 16 (meaning ) : " Those are the ones who buy astray with the
instructions, it is not their commercial lucky and not they are guided "
(Qur'an , Al - Baqarah : 16). In the context of mu'amalah, said murabaha is
usually interpreted as buying and selling is done by adding the initial price.
In terms, basically there is a consensus of scholars in understanding the substance of murabaha. It's just that there are some variations the language they use to express this definition. According to scholars Hanafiyya, is a murabaha is "Shifting the ownership of something owned by agreement first with the first price with additional advantages ". Scholars Malikiyah suggests the following formulation : "Sell buy merchandise of the purchase price along with additional as the same advantages berakad known to both parties ". Meanwhile , scholars Syâfi'iyyaħ defines murabaha with: " Buying and selling at prices like a ( early ) , or the worth of him, accompanied by profits based on each part ".
In syar'iy , the validity of the murabaha transaction based on the texts of the Qur'an and Sunnah in the letter al - Baqarah ( 2 ) paragraph 275 : In this verse , Allah reinforce the legality and validity buying and selling, as well as refuse and prohibit the concept of usury based on this provision, sale and purchase murabaha received recognition and legality of syariat.
METHODOLOGY
This study used quantitative and qualitative methods. This study conducted on the Islamic banking system in Indonesia. The sampling conducted on 30 scholars (ulema) in Indonesia from six provinces and extraction is done by purposive sampling. The study also compared between DSN MUI fatwa with existing practices in Islamic banking. The study was conducted in Sleman district with interview to practice in one of the Islamic banks.
FINDINGS
AND DISCUSSION
The sampling conducted on 30 scholars (ulema) in Indonesia from six provinces and extraction is done by
purposive sampling. The results showed that the scholars said
Islamic banks in Indonesia have not been pure run Islamic Shari'a.
The practice of Islamic banks is still much
that is not in accordance with the DSN MUI fatwa. This can be easily seen many
practices that are contrary to Islam as described DSN MUI. In order to prove to
be carried out a comparison between DSN MUI fatwa with practices applied in
Islamic banking. Murabahah is one of the Islamic banking products are much in
demand. This contract becomes easy and precise alternative to the various
financing or credit. Most scholars and institutions of national or international
jurisprudence, allowing contemporary murabaha contract. Jurisprudence national
institutions DSN (National Sharia Board) under the MUI, also allows a murabaha
contract, as stated in his fatwa no: 04 / DSN-MUI / IV / 2000. It becomes a
guideline for Islamic banking in running murabahah.
In practice, Islamic banks do
not carry out the fatwa Murabaha ordered DSN MUI. DSN on the fatwa No: 04 / DSN-MUI / IV / 2000,
on Murabaha stated: "The Bank purchase items needed by the customer on
behalf of the bank itself, and this purchase to be valid and free of
usury." (Fatwa by the Board of sharia National MUI), In practice, Islamic banks will make
financing if the client has first make a purchase contract with a down payment.
This practice clearly violates the principles of the Shari'a which has been
described by the DSN MUI. In fact, this practice is no different than
conventional bank financing.
In principle murabaha Islamic
banks have to buy and then sell it to the customer either by cash or credit. In
fact, Islamic banking is not buying the goods in its own name, for later resale
to customers. As a result, the bank has violated Islamic principles as
described in the terms DSN MUI.
CONCLUSIONS
AND RECOMENDATIONS
DSN fatwa differences with the
practice of Islamic banks in the murabaha contract raises questions about the
good faith of Islamic banks in developing financial institutions according to
the principles of the Shari'a. In practice carried out by Islamic banks was merely
camouflage, but the essence remains and forbidden usury. If Islamic banks can
follow the principle of Murabahah properly, the people will believe and God
willing the blessing and the development of Islamic banks will be enormous. Now many people do not believe in the Islamic banks because therein are not
sharia-compliant practices. Society reselect conventional banks because it considers the cooperation between
Islamic banks is not according to Islamic principles. If this is allowed even Islamic banks will
lose money in the long run. So the Islamic bank
must actually implement Islamic principles in order blessings.
REFERENCES:
- DSN MUI (2012). The appeal of the National Sharia Council of
the Indonesian Ulema Council (DSN-MUI) on the Application of Sharia to the
Head of Islamic Banks and Sharia Business Unit. http://www.dsnmui.or.id/index.php?mact=News,cntnt01,detail,0&cntnt01articleid=109&cntnt01origid=67&cntnt01detailtemplate=Ta-limat&cntnt01returnid=67. Recorded on 24 August 2015, 11:07 GMT.
- Pengusaha Muslim (2012). National Sharia Board - The
Indonesian Ulema Council (DSN-MUI) Fatwa versus Sharia Banking Practice. http://pengusahamuslim.com/fatwa-dsn-mui-1451/. Recorded on 24 August 2015, 11:57 GMT.
- Rumah Fiqih (2013). Bank Syariah Same With
Conventional Bank, Really?. http://rumahfiqih.com/x.php?id=1383143419&=bank-syariah-sama-saja-dengan-bank-konvensional-benarkah.htm. Recorded 24 August 2015, 13:35 GMT.
- Rumaysho
(2012). Murabahah containing usury. http://rumaysho.com/muamalah/murabahah-yang-mengandung-riba-2201.html. Recorded on 24 August 2015, 14:11
GMT.
- Pengusaha
Muslim (2008). Murabahah Practice. http://pengusahamuslim.com/praktek-murabahah-pembelian-kredit-melalui-bank-syariah/. Recorded 24 August 2015, 14:15 GMT.
- The Ministry of Religious Affairs of Kuwait (1983).
Almausu’ah Alfiqhiyyah, Chapter Murobahah, 36: 318-328. The Ministry of
Religious Affairs of Kuwait
- Eprints Walisongo. http://eprints.walisongo.ac.id/3101/3/62311005_Bab2.pdf. Recorded on 9 September 2015, 16:08
GMT.
