PENYUSUNAN PARAMETER SYARIAH UNTUK AKAD MUSYARAKAH (Studi Kasus : KSPPS BMT Arafah Sejahtera Sukoharjo)

Abstract

Musyarakah is a partnership agreement between two or more parties for a particular business, where each party contributes funds provided that profits are divided by agreement while losses are based on the portion of funding contributions. At first glance this contract is a sharia-compliant contract, but in practice at sharia financial institutions it cannot be said that the musyarakah contract which they apply is according to sharia. This can be indicated by determining the profit sharing ratio set at the beginning of the contract and has become a benchmark that is not offered; profit sharing uses the nominal money that must be deposited by the customer to the bank set at the beginning not with a percentage of all profits; the business risk of the musyarakah contract is the responsibility of the customer while the bank only acts as a source of funds, monitoring, and business consultants; there is a guarantee in the implementation of the musyarakah contract; and the treatment of providing funding to customers not as capital but as accounts receivable. The purpose of this study is to dissect an understanding of the application of the musyarakah contracts which is according to sharia in BMT Arafah Sejahtera Sukoharjo and preparation of sharia parameters. This study uses qualitative methods with a case study approach. Data retrieval was carried out at BMT Arafah Sejahtera Sukoharjo. The results of this study shows that the overall musyarakah implementation in BMT Arafah Sejahtera Sukoharjo has approached and adhered to sharia principles. All aspects related to the implementation of the musyarakah contract such as at the beginning of the contract, management of musyarakah, capital, profits, losses, termination of musyarakah have complied with sharia principles. It’s just that in the implementation of musyarakah it still uses collateral. The use of this collateral can be mandatory in order to avoid musyarakah partners from doing moral hazard or doing something bad. Collateral submitted to the BMT will not be disturbed if the prohibited matters do not occurs.