Implementation of the Agreement Isthisna 'Parallel in Islamic Banking
Isthisna 'parallel as one contract that is based on the principle of trading can be implemented in Islamic banks. Activity funds in the form of financing isthisna 'parallel must meet several requirements that apply at least as follows:
1. Bank as the seller in the contract isthisna 'can make the contract isthisna' parallel with the other party in which the bank acts as a buyer
2. Obligations and rights in both contract isthisna 'should be separate
3. Implementation of the obligations of a contract isthisna 'should not depend on the contract isthisna' parallel or vice versa
4. In the event that a bank acting as purchaser under the contract isthisna 'parallel must meet its obligations to the other party in the contract if the customer isthisna' does not meet the contract isthisna '
5. In the event that payments are made in installments, should be proportional
6. Isthisna provision 'applies to isthisna' parallel:
a. Islamic bank to purchase goods from the customer specifications, quality, quantity, time period, place and the agreed price
b. Payment by Islamic banks to customers not in the form of debt relief to the customers of Islamic banks
c. Payment instrument should be known quantity and shape in accordance with the agreement
d. Islamic banks as payment by the buyer to the customer is done in stages according to the agreement
e. In terms of customer delivered the goods to the bank with a higher quality then the customer should not be asking for an additional price
f. In terms of customer delivered the goods to the bank with lower quality and willingly accept bank then the bank can not sue price reduction (discount)
Banks can not ask for additional price if the customer received the goods with higher quality unless there is agreement between both pihak. Addition, banks do not have to give rebates (discount) if the customer received the goods with lower quality unless there is agreement by both parties.
Thus, buying and selling as a legal act which is lawful in Islam apparently suitable to be applied in Islamic banking operations. Broadly speaking, Islamic banking products are based on the purchase contract is composed of three kinds of financing murabaha, salam financing, and financing isthisna. "In practice in the field of Islamic banking in Indonesia, murabaha financing most frequently encountered and applied in different banks of Islamic banks in the salutation and isthisna 'especially in the procurement of goods of daily needs such as procurement of motorcycles.
From the results of our survey in the field at Bank Syariah Mandiri, that the sale and purchase financing isthisna 'is not used. It is true fact that the financing transaction that is more commonly used in Islamic banks is murabaha and isthisna existence 'itself is rarely used. Should be applied in Islamic banking because of financing purchase isthisna 'that there are great benefits to society as a source of financing and banking services for customers both for investment purposes, working capital and consumption.
by: sayidah rohmah
11220023
