Name   : Baerin Oktaviani (11220012)

Islamic bank is a bank that implement sharia system with various contract-contract sharia. One of the existing contract in Islamic banks Musharaka contract. Musharaka contract is an agreement between two or more parties to perform certain business. Each party contributing funds. Gains or losses will be shared in proportion to the agreed since the beginning.[1]

Musharaka contract applications are not only found in Islamic banks, but Musharaka contract is often practiced in life, one of them in the running of a business or other trade. In terms of the law firm (firma) known as the firm of which there Musharaka contract. According Slagter, firm is an agreement that was aimed towards cooperation between two or more continuously in running a business under a common name.[2]

Businesses in the form of firm if the terms of Islamic economics is by using Musharaka contract, because in it there is a partnership with both contributing equity between the parties and those parties also have an obligation to run the business with the same goal which is to make a profit .

Thus a person who carries on business in the form of firm, if you want to use a contract based on Islamic principle, it must use a Musharaka contract. Because of the capital or the results obtained from the join contributions of the parties who run the business. And  each party not only to invest alone but must join to run the business, and the loss will be shared as agreed in the agreement.

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[1] Irma Devita Purnamasari, Suswinarno Panduan Lengkap Hukum Praktis Populer Kiat-Kiat Cerdas, Mudah, Dan Bijak Memahami Akad Syariah. (Bandung:Kaifa, 20111).hlm:92

[2] Mulhadi, Hukum Perusahaan Bentuk-bentuk Badan Usaha di Indonesia.(Bogor:Ghalia Indonesia,2010).hlm:4