Nama : Muhammad Riris El Yusi
NIM : 11220026
Decision fatwa issued by the National Shariah Council is No. . 17/DSN-MUI/IX/2000 , the customer is able to delay payments which may be subject to sanctions based on the principle ta'zir , which are handed over and for the sake of improvement and aims to make its customers more disciplined in carrying out its obligations . Sanctions can be fined a sum of money which is determined on the basis of an agreement and made when the contract is signed . During this time when customers neglect to pay off their bank financing subject to fines . Fines are intended to discipline the customer and is responsible for the promises he made to the bank . Then the funds derived from fines earmarked as social funds , because of its nature , the customer paid the fine should not be used as income , but included in the social funds will be channeled to the financing of the Al - Qardu aqad al Hasan .
Meanwhile , in the conventional banking system during this time , when customers pay off the debt on the bank negligent or remiss in fulfilling its obligations to the bank at the appointed time , they are subject to fines . And fines can be claimed as income by the bank . Whereas in the fine shariah banking system can not be claimed as income , even the proceeds from the fines should be included in the social fund that will be distributed on a contract financing al - Hasan al - Qardu . It is this difference that occurs between Shariah banks and conventional banks .
Fines in conventional systems are usually based on the theory of Time value of money , the theory that the same amount of money now or when it is more valuable than that which is in the future . In conventional economic time value of money is usually also defined as " a dollar is worth more than a dollat in the future Because a dollar today can be invested to get a return . " But if the time value of money is just a matter of profit and risk , then reject Islam , this is caused by the uncertainty in the world , also the whole of human nature and no one has the right to exclude themselves from it by at any cost .
But then it turns out that the problem is the cost of the billing process for customers who are able but delay payments . In a conventional bank system costs incurred in the billing process can be partially covered from the funds fines , costs such as administrative costs are relatively small to large costs such as hiring a lawyer , if the case is serious . Meanwhile the bank's Shariah system costs incurred in the billing process can not be covered by funds fines , because these funds into the social fund , so it is becoming a burden for the bank 's Shariah and it is less fair ( to the bank Shari'ah ) .
Glance when examined chapter 4 , 5 and 6 of the general provisions in the DSN fatwa on the issue of sanctions afford that delay payments , it appears that the less advantaged sharia banks in financing the billing process , and even tends to be a loss . But now it seems that there are deficiencies in the fatwa on the issue of sanctions is able to delay payments can be overcome with the publication of the study DSN another fatwa , the fatwa about fatwa ta'widh the damages in this case is the compensation for the costs incurred in billing process . However, the imposition of the terms of the indemnity is the real losses suffered by bank Shariah . And figures should be real losses , apparent magnitude and can be counted and not just based on percentages . In addition, the loss is only charged to customers are naughty and neglected to pay , not because of force majeour . If the incidence is majeour force then there should be no compensation .
referensi:
- Himpunan Fatwa Dewan Syari’ah Bnasional, diterbitkan oleh Dewan Syari’ah Nasional MUI bekerjasama dengan Bank Indonesia Tim Penulis Dewan Syari’ah Nasional MUI, Himpunan Fatwa Dewan Syariah Nasional, (Jakarta : PT. Intermasa, 2003)..
- Yusuf Qardawi, Norma dan Etika Ekonomi Islam, alih bahasa Zainal Arifin dan Dahlia Husin (Jakarta : Gema Insani Press, 1997. hlm. 149).
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