The implementation of Fatwa DSN No.43 DSN-MUI/VIII/2004 about ta’widh in Murabahah agreement.

WULANDARI, SUCI AYU (2018) The implementation of Fatwa DSN No.43 DSN-MUI/VIII/2004 about ta’widh in Murabahah agreement. Undergraduate thesis, Universitas Islam Negeri Kiai Haji Achmad Siddiq Jember.

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Abstract

Syari’ah bank gave the free interest services to the customers. The fund channelization in the form of a financing was based on the given belief from the fund owner to the fund user. There were some risks faced such as the omissions, this thing was so contradictive with the Islamic syari’ah so there must not be a loss from one-side customer. The financing which appeared the risks were the muharabah financing because of the easier process. One of the protections in Islamic Syari’ah was by using ta’widh. ta’widh was arranged based on Fatwa DSN No.43 DSN-MUI/VIII/2004. From the description above there were 2 focuses of the research, they were: (1) how are the implementation and the solution steps of ta’widh in Bank BRI Syariah KC Jember? (2) is the implementation of ta’widh in Bank BRI Syariah KC Jember appropriate with the Fatwa DSN No.43 DSN-MUI/VIII/2004? The aims needed to be achieved in this research were: (1) to know the implementation and the solution steps of ta’widh in Bank BRI Syariah KC Jember (2) to know whether the implementation of ta’widh in Bank BRI Syariah KC Jember appropriate with the Fatwa DSN No.43 DSN-MUI/VIII/2004 or not This research used the qualitative approach and the kind of the research was field research. The determination of the research subject was by using observation, interview, and documentation. The data analysis in this thesis was carried out in three steps, they were: data reduction, data presentation, and drawing conclusion, meanwhile the data validation used triangulation source. This research result could be concluded that (1) Bank BRI Syariah KC Jember implemented ta’widh while the costumers forgot and postponed intentionally the finance. The giving ta’widh was only for the customers who had done arrears in more than one month. The quantities of ta’widh for the customers were based on the real shortage which were experienced by the bank and the quantities of ta’widh could not be placed in the agreement. ta’widh in Bank BRI Syariah KC Jember was only done to the ijarah agreement and it could make the debts such as Salam, Istishna and Murabahah. In solving the ta’widh problems in murabahah agreement here, Bank BRI Syariah KC Jember implemented some solution steps. Among others were the bank would analyze firstly what causes which make the costumer postponed the payment. After being analyzed and the customers were considered as a proper person to continue the financing, so the bank would do the Rescheduling. And if the customers still forgot and postponed the payment, the bank would do auction guarantee. In this case, the bank would give out the funds to solve those customers (2) as described before, the implemented ta’widh in the BRI Syariah KC Jember were based on fatwa DSN No.43 DSN-MUI/VIII/2004.

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