Shari'ah Deposits

faisol haq

(11220082)

Covenants used in the Shari'ah is mudaraba deposits which are unrestricted investment deposits in the form of a third party in which Islamic banks may only be withdrawn at any given time by agreement between the customer and the owner (shahibul maal) with the bank (mudharib) with revenue sharing in accordance with the ratio agreed in advance. As mudharib, no bank guarantee customer funds unless arranged differently in the applicable legislation1.Mudaraba investment period will affect the percentage of the profit sharing ratio. For example, the ratio of time deposits with maturities of one month will be different from time deposits with maturities of three months and seterusnya2. In practice, the ratio between the bank (shahibul maal) with depositors (mudharib) wadi'ah a bonus for deposits by 30%, ratio of 40: 60 for savings deposits and ratio 45: 55 for deposits deposito3.

In the financing pattern of results, the bank and the customer will work together in a business, a bank as a financial institution will be involved in capital and customers as a principal economic activity will engage sabagai business executive. Both sides agree on if the obtained results of these efforts will be conducted in accordance with the profit sharing ratio or proportion of the agreed outcomes.

And there is a question, what if the business is financed menngalami loss? if there is a loss of revenue in the form of non-receipt (reward) as the outcome should be accepted. Staple financing provided by the bank to the customer are the responsibility of the customer to remain fully returned to the bank4.

reference:

1. Kodifikasi Produk Perbankan Syariah, Jakarta, Agustus 2007, Bank Indonesia.

2. ismail, Perbankan Syariah, Jakarta: Kencana, 2011, 97

3. Kasmir, Bank Dan Lembaga Keuangan Lainnya, Jakarta: Rajawali Pers, 2012, 169.

4. Laksamana, Yusak, Tanya Jawab Cara Mudah Mendapatkan Pembiayaan di Bank Syariah, Jakarta: Quanta, 2009, 54-55.

 

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Mortgage

faisol haq

(11220082)

Agreements principal in the mortgage agreement is an agreement borrowing money against pawn. If the debtor has to pay the pawn loan to the recipient, then since that's abolition agreement gadai.1 Determination pawn period set by the Board of Directors Decision Pawnshop and further elaborated by the Board of Directors Circular Pawnshop.In the Circular Letter No.: SK SE.16/Op.1.00211/2001 on Implementation Guidelines Board Number: 020/Op.1.00211/01 about Rental Rates Change Capital, has set about the mortgage term. Actually, in the SE it is not only regulate the rental rate of capital, it also set the maximum term of the loan and capital leases.
In principle, the mortgage period has not changed, which is a minimum of 15 days and a maximum of 120 days. That changes is the amount of borrowed money, capital leases, and the maximum capital leases. The larger the loan amount, the greater the capital lease, but the smaller the loan money, then the less the rental capital.

The mortgage loan is only for small and medium businesses, the business capital is not too big, for big businesses that require huge cost, not fit to borrow money on mortgage institutions, but they can apply in the banking institution with collateral mortgage and fiduciary.

reference:

1. salim........ 51.

2. Salim, Perkembangan Hukum Jaminan Di Indonesia, (Jakarta, Rajawali Pers, 2011) 50.

 

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Limited Company

faisol haq

(11220082)

Limited Liability Company (PT) is one form of business entity are much in demand in business practices is a Limited Liability Company (PT). This happens because the PT is believed to be a means for capital accumulation greater than the PT lainnya.1Selain it can also be entered to the capital market or stock exchange if it has met the requirements set in the Capital Market Law. In this context, the government realized that pegaturan PT as verified in a fairly narrow to businesses, which is only about 21 chapters that are considered inadequate to regulate the activities of PT enterprises increasingly globalized, not only across the region, but penetrate between countries, though nd has been modified with the addition of Act No. 4 of 1971 on the Amendment and addition Article 54 Commercial code containing the principle of one share one vote (one Share one vote).

To that end, on March 7, 1995 the government mengeluarka Undng Limited Liability Company Law (Company Law) No. 1 of 1995, amounting to as much as 129 pasal.1Pasal 1 item 1 of the Act 1995 states that a Limited Liability Company, hereinafter called the company is a legal entity established under agreement, to conduct business with authorized capital divided into shares seluruhny, and meet the requirements set out in this Act and its implementing regulations.

reference:

1. Bentuk badan usaha lain yang dikenal dalam praktik perdagangan antara lain: Perusahaan Dagang (PD), Firma (Fa), Perseroan Komanditer (CV0, dan Koperasi. Selain itu, dikenal juga istilah Usaha Kecil.

2. Sentosa Sembiring, 13

 

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The science of business and banking, By: Moh. Khisbul Muzaqqi

Science absolutely necessary, because it kosher to guide a businessperson in run the business. In science we can know which being permissible and which unclean, so we can fortify ourselves from thing became regulation god. To science also we get safety, comfortable and comfort in running of a wheel our businesses, and with science also we have  blessing that is one purpose of sustenance we dearer.

Rasulullah SAW said:

For the sake of God, it is not that I feared disbelief on you guys, but I'm afraid, if fortified world luxury to you guys so you guys are racing to get it, as the world has been fortified by the former so that they compete to get it, and then destroy the world luxury you guys, like destroyed elect before you guys.

 Refrence Dr. Yusuf Bin Abdullah, Ilmu Bisnis dan Perbankan

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Prohibited Business, By :Moh. Khisbul Muzaqqi

Among the Majesty and beauty of islam, that prohibited muamalah is not too much different, with an unlimited number of muamalah, because it is the law of original muamalah is a permissible reason. If we notice a illegitimate muamalah will we find that:

1.      amount is not too much

2.      Each prohibited muamalah God gave in return example:

“ God forbidden usury, instead permitted selling credit, God banned gambling, instead permitted race.” . 

3.      prohibited Muamalah generally contain terrors, then prohibition his wisdom became the order of the effects of community living terrors.

From explaining that religion of islam is the religion best good. All aspects of life the good life self personal and social aspect and facets muamalah already stated in the scriptures al-qur ‘ an and hadist.

Refrence Dr. Yusuf Bin Abdullah, Ilmu Bisnis dan Perbankan

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Natural Uncertainty Contract (NUC)

Natural Uncertainty Contracts Is contract in business that is not confirmed income, both in terms of quantities or time. In NUC, Parties who transact mutual mixing its assets ( real assets and financial assets) as one, then bear the risk together to gain advantage. The gains and losses is borne together. This contract is contractually investment. That offers no benefit fixed and definite.

The kind of NUC is Musyarakah, Mudharabah, Muzaraah Mukhabarah and Musaqah. Musyarakah is cooperation between two or more parties to a certain business where each party contribute funds ( or charity / expertise ) with an agreement that gains and risk will be borne jointly based on the agreement . Mudharabah is coöperation where one party invested funds amounting to 100 percent and other parties committed to skill. Profits divided based on the agreement and loss in accordance with the amount of investment. Muzaraah Mukhabarah and Musaqah is cooperation in terms of cultivation, which the landowner share with the management of land, but the seed is derived from land owners. So only just processing Manager.

This kind of contract totally different with gharar (unclear) that The law should not be in islam. Gharar Is the kind of cooperation that is not clearly its provitnya so doubtful origin of the profit gained. NUC is different, in the NUC had been enforced by the beginning of that percentage of the profit gained, despite uncertain size due to compliance with provit obtained

s

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The negative impact of usury in terms of Economics By: Moh. Khisbul Muzaqqi

Usury causing a diminution project in production goods, because the owners of capital generally profit want without giving at risk loss. Then a safe manner is give credit and get flowers ( interest ) and this way not too give participated in advance economic state.

Riba led to a decrease in purchasing power. In economic theory tells us that increasing the amount of money in circulation due to the large number of loans that the bank poured and the owners of capital sector in the country. This will impact the declining purchasing power of the currencies of these countries, due to the large amount of money in circulation is not followed by a large number of goods and services that are available.

Riba cause high goods and services. Because business owners finance their ventures with the flowering of credit, then they are forced to raise the selling price of goods production to cover the cost of production is so high due to the mortgage interest they have to pay.

Refrensi: 

^{Budi Sutrisno, Hukum Investasi}

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Assurance By: Moh. Khisbul Muzaqqi

Insurance is an agreement that binds self insurer according to the demands of the agreement to pay to the insured party or client that provides qualified dependents to benefits  some money or wages other treasures dressing routine or at the time of the occurrence of natural disasters or the realization of the risks described in this agreement. It is given in lieu of payment or installment given the insured to the insurer.

Can we understand that any damage that may occur in the future, was transferred to the insurance company. For example: Person  make arrangements with an insurance company to pay a premium of Rp 2 million per year, in Exchange for the willingness of insurance companies to compensate for the loss in the event of an accident of the insured party on the vehicle. So, here the insurance cover all aspects of life within the company whether it is in the shape of the soul as well as insurance in the form of vehicles provided by the insured party or client.

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Money In Islamic Economics System

In our life, we cannot be released from the thing named money. Money means any medium of exchange that is acceptable / applicable in general. There are many functions of money:

1. Medium of exchange
2. Unit of account
3. Store of value

Based on the three of those functions, there is one of them that not fit with Islamic system, that is the 3^rd function, money as “Store of Value”. Islamic Economics just allows money as medium of exchange and unit of account, but forbids use money as store of value. Money as store of value means that makes money as a commodity, so that the existence of money is now more widely traded than be used as a medium of exchange in trade. The concept of money is not allowed to be applied to the commodity, because it can damage the financial stability of a country. Basically the function of money is public property, because it had the money circulating in the economy. So, money should not be stockpiled. Money should be invested in real business, such as through investment Mudharabah or Musyarakah. (by: Mudawamah - 11220079)

Reference: Basri, Ikhwan Abidin. 2008. Menguak Pemikiran Ekonomi Ulama Islam. Solo: Aqwam Jembatan Ilmu

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Ariyah

 by: Kiki Ayu R
11220013
In general jumhur ariyah scholars stated that there are four pillars , namely :1 . Mu'ir ( borrower )Let him seoramh expert ( eligible ) to receive kindness . Child or legally insane tidaak borrow something because he was not an expert ( not eligible ) to receive kindness .2 . Musta'ir ( which lend ) condition :a. Expert ( the right to ) do good wishes on them , small children and people who are not legally forced to lend .b . Benefits of goods owned by the loan borrowed , although with jaalan endowments or rent though , because borrowing is only concerned with profit, not concerned with . Therefore the borrowing should not lend the borrowed goods because the benefits are borrowed goods not hers . Only he be allowed to get it, but to share the benefits that may be taken to the other , not beralangan like he borrowed his old home for a month , ditempatinnya just 15 days , the remaining 15 days may be given to someone else .3 . Mu'ar ( items borrowed ) condition :a. Items that would be usefulb . When taken benefits , substance remains ( not broken ) and, therefore, the nature of the food to be eaten unauthorized loan4 . Shighat , which is something that show the ability to take advantage , either with words or berbuatanPrescribed any fiqh scholars in the contract ariyah as follows :a. Mu'ir sensibleThus lunatics and children who have no sense not to lend goods . Hanafiyah not require scholars have baligh , while other scholars added that the right to lend is the person who can do good at will , without being forced , not a child, not a fool , and not insolvent ( bankrupt )b . Holder of the goods by the borrowerAriyah is doing good in the transaction , which is considered to hold the goods are legitimate borrowers , as well as in grantsc . Goods ( musta'ar ) can be used without destroying the substance , if musta'ar can not be utilized , the contract is not valid .The scholars have established that ariyah allowed on any item that can be taken advantage and without damaging substance , such as soil lend , clothing , animals , and others.Forbidden to borrow guns and horses to the enemy , is also forbidden to borrow Al - Quran or relating to the Al - Quran to the heathen . Also prohibited from hunting tools lend to people who are ihram .The other terms are :a. A person who lends their rightful owner to lend .b . Lent goods are goods that are utilized .c . Utilization is done in the form permitted by religion .

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