DSN-MUI Fatwa Research Articles

Shariah Murabahah Financing in Islamic Banks

Murabahah is the practice of purchasing and selling items while adding a margin for the bank to benefit from. The majority of Indonesian Islamic Banking's overall financing, or about 60%, is currently provided by financing under Murabahah contracts. The research method used in this article is literature analysis which originates from the scientific articles studied. The results of the study show that the application of sharia murabaha financing to Islamic banks is in accordance with the Sharia Banking Act and the DSN-MUI Fatwa, where financing is based on Islamic principles, namely not containing elements of usury, maisir, garar, haram, unjust, and there is contract supervision by the DPS.

Breach of Contract in the View of Islamic law: A Case Study on the Partnership Agreements of Mini BRI-link

As a banking industry, BRI has several financial services and products whose role is to satisfy the community's needs. Services and products provided by BRI include EDC Merchant machines, ATMs, E-Bangking, sales of third party products, such as Telkom products, PLN, credit cards and EDC mini BRI ATMs or BRILink Mobile. It is undeniable that sometimes there are some problems in the field such as defaults. Default is a form of negligence committed by one party that results in losses to the other party. This will be reviewed from Islamic Law using qualitative research methods with the research location located in Manokwari Regency, namely at the Manokwari Branch of the BRI Bank office (BRILink Section). In Indonesia itself, DSN-MUI Fatwa No. 17/DSN-MUI/IX/2000 states that fines for consumers who are competent but unwilling to pay their debts are contained in the category of ta'zir that is allowed. As long as the status of the property is in the Yad Trust, the debtor is not obliged to compensate it for foreign causes

Peran Fatwa DSN MUI Terhadap Operasional Dan Aktivitas Bisnis Pada Lembaga Keuangan Syari’ah (LKS))

The role of the DSN MUI fatwa is one of the prerequisites in determining products in Islamic Financial Institutions (LKS). Where when the products submitted by DPS each Islamic financial institution received a fatwa provision from the DSN MUI. This research was written to explain in principle the role of the DSN-MUI fatwa in business operations in Islamic Financial Institutions (LKS). The research in this paper is literary in nature and is described descriptively. All Islamic financial institutions are required to comply with the MUI DSN fatwa. Because all business activities and operations at Islamic financial institutions have benefits and blessings for all parties who are and will run them, both for LKS who are domiciled as authorities and have a variety of product offerings as well as for customers as product users, the provisions of the fatwa indirectly can be one of the determining factors for its sustainability.

Produk E-Money Bank Syariah dalam Perspektif Kajian Islam

This study aims to determine the suitability of BSM E-Money products according to the DSN MUI Fatwa on one of the products at Bank Syariah Mandiri. This study used a qualitative descriptive method with data collection carri ed out through observation, interviews and documentation of two sources of informants, namely the Central Bank Syariah Mandiri Office and the DSN-MUI Institute Office. Data analysis techniques were carried out in three steps, namely: data reduction, data presentation, and drawing conclusions. The results of this study indicate that according to the DSN-MUI Fatwa, a product that has been legalized and marketed states that the product is in accordance with the DSN-MUI Fatwa No. 116 because if the product is not in accordance with the existing Fatwa or violates the provisions, the Bank Indonesia Authority or OJK has the authority to reprimand or stop the product. According to Bank Syariah Mandiri, so far BSM E-Money products are still operating in accordance with existing regulations, it can be concluded that Products in Electronic Money transactions at Bank Syariah Mandiri have complied with DSN-MUI Fatwa No. 116, approved by the Sharia Supervisory Board (DPS) and obtained a permit from Bank Indonesia or the Financial Services Authority (OJK). The product complies with sharia principles and is declared in accordance with the DSN-MUI Fatwa, only that there are sharia problems.

Review of Maqashid Sharia and MUI DSN Fatwa on Takaful Products of Education Funds at PT Asuransi Takaful Keluarga Yogyakarta

Sharia tendencies in the modern era This pushes the progress and development system toward a more inclusive sharia economy. Contracts that are emblematic of Islamic economics may be negotiated. One of them is incorporated into the product takaful (sharia insurance). Study This compares theory maqashid sharia and DSN MUI fatwas in insurance product contemplation education. Study This includes a qualitative research in which theory maqashid sharia and DSN fatwa serve as an analytical knife. There are three aggregated contracts _ in practice Education Fund Takaful insurance, including contracts mudharabah, wakalah bill ujrah, and tabarru', according to research results. In maqashid sharia, practice Education Fund Takaful insurance provided protection in three (3) aspects. Protection to benefit reason (hifdz al- Aql) in the form of protection for child related to his education when the parents captured calamity, wealth (hifdz al-Maal) in the form of invest ten participant with wealth (hifdz al-Maal) Be cautious in accordance with sharia principles carried out by parties' company and (hifdz an- Nasl) in the form of compensation for expert legacy that has been left behind.

IMPLEMENTASI PRINSIP SYARIAH DALAM PENGIKATAN HAK TANGGUNGAN PADA PEMBIAYAAN MUSYARAKAH DI BANK MEGA SYARIAH

Discussion on the implementation of sharia principles in binding mortgage rights to musyarakah financing at mega sharia banks. The type of research used in this legal research is normative law research. The research approach used in this research is the Statutory, Conceptual, Analytical and Case Approach. Sharia Banking continues to use Sharia principles as guidelines for Islamic Banking contained in the DSN-MUI Fatwa Number 08/2000 concerning Musyarakah Financing, but does not violate the provisions stipulated in the Mortgage Law in carrying out the Mortgage Binding procedure, which includes Consequences The law on the collateral object, the party giving the guarantee, and the party requesting the guarantee.

Reinterpretation of Halal Tourism Hadith in DSN-MUI Fatwa No. 108 of 2016

The focus of this paper is on the quality and understanding of the hadith in the DSN-MUI Fatwa No. 108 of 2016 concerning halal tourism. The use of hadith as a source of fatwas is important, especially with regard to the legality of an Islamic perspective. However, like a fatwa, this hadith is not followed by an explanation regarding the quality of the hadith and how to understand the meaning that comes from the hadith so that it can be used as a source of fatwa. On the one hand, it must be ensured that the hadith can be accounted for as originating in the Prophet, both in sanad and matan so that its use has high validity. In addition, the existence of hadith when it was born has a distance in time and space that is quite far so whether reinterpretation is needed or not. To answer the problem, this study uses library research by applying the method of criticizing sanad, matan and ma'anil hadith. In the data analysis using descriptive-analytical techniques. This paper shows that there are two hadiths used by DSN-MUI. The first hadith narrated by Imam Ahmad bin Hanbal is of da'if quality because there are two narrators who are considered weak, namely Ibn Lahi'ah and Darraj bin Sam'an. Meanwhile, the second hadith, which was narrated by Imam al-Bukhari and Imam Muslim, is of valid quality. The content of the meanings of the two hadiths used by the DSN-MUI is a recommendation for travel that is not only aimed at entertainment or a healthy body, but also travel compassion and increase obedience.

Analisis Kepatuhan Prinsip Syariah dalam Layanan E-Money Perspektif Maqashid Syariah

Electronic money is basically the same as ordinary money because it functions as a means of payment for goods buying and selling transactions. From a Sharia perspective, electronic money law is halal. Sharia principles must be considered in the development of e-money services because these principles are based on fundamental Islamic values. The method used in this research is a qualitative method with the type of literature review. From the research result, e-money circulating in Indonesia, in accordance with Sharia principles and can be used if it follows and is in accordance with the requirements in the DSN-MUI fatwa, and the implementation of Sharia machair in e-money can be realized if it provides good benefits to users and organizers.

Understanding the Legal and Religious Perspectives on Cryptocurrency Transactions: A Study of DSN - MUI Fatwa and Indonesian Currency Regulation

A growing economy creates cryptocurrency virtual money residing in cyberspace. Cryptocurrency Is an online payment tool that uses an open source peer-to-peer payment network. There are many problems faced by users, where Cryptocurrencies are said to include money or a commodity. This phenomenon really makes users feel uncomfortable, feel at a loss, therefore the government must immediately provide an evaluation of the use of Cryptocurrency as a means of obtaining transactions. more attention, especially from the government so that the community gets their rights and obligations in muamalah. This paper aims to discuss how to use Cryptocurrency transactions from the Perspective of the DSN-MUI Fatwa and Law No. 7 of 2011. This research is classified as normative research, using a statutory approach and a conceptual approach. The results of the discussion show that Cryptocurrency is linked in the DSN MUI fatwa No.28/DSN-MUI/III/2002 regarding al-sharf that in the provisions of the fatwa the conditions for exchanging Cryptocurrency digital money are prohibited because of the element of speculation. In Article 2 paragraph (1) of Law Number 7 of 2011 concerning Cryptocurrency, it does not meet the requirements as a type of currency in Indonesia. Judging from the six criteria of money, Cryptocurrency only meets the criteria of portability and visibility.

Analisis Pengaruh Maqashid Syariah Terhadap Fatwa DSN-MUI Tentang Penyelesaian Utang Murabahah

This study aims to examine how the implementation of maqâshid syarî'ah in the DSN-MUI fatwas regarding the settlement of murabahah debts and to see how far the influence of maqâshid syar'ah on these fatwas. The method that the researcher uses in this research is a qualitative method and also a research on Islamic legal philosophy. The data collection method used is literature search. The data obtained were then processed and analyzed according to the research objectives. This study found that DSN-MUI implements and considers maqâshid syarîah in the fatwas regarding the settlement of murabahah debts. DSN-MUI does not mention maqâshid syarîah as a specific argument, but maqâshid is contained in the meaning of verses, hadiths, fiqh rules, choices of tarjih, and choices of other ijtihad mechanisms. Some of the maqâshid syarîah implemented by DSN-MUI in the fatwa regarding the settlement of murabahah debts include: hifzu al-mâl (guarding property) both from the side of producing it or from the side of maintaining it, sad bab al-nizâ' wa subul al-daghâ`in (closing the door disputes and hostilities), al-taysîr (facilitating) and dar`u al-darar (avoiding danger). The influence of maqâshid syarîah in the DSN-MUI fatwa can be observed based on the following: the selection of opinions (tarjih), looking for a better benefit even by leaving the opinion of the majority of scholars (jumhur), paying attention to the dynamics of the fatwa due to changes in 'illah, and presenting solutions and alternatives sharia-compliant contracts, paying attention to the consequences of a contract (ma'alat).

Denda dalam Pembiayaan Bai’ Bitsaman Ajil Menurut Perspektif Fiqh Muamalah

Bai' Bitsaman Ajil is a ba'I (sale and purchase) transaction in which the bank is the seller and the customer is the buyer. BBA is a sale and purchase transaction of services or goods where the original price is added to the profit submitted and the nominal is agreed between the buyer and the seller. This study aims to further discuss Fine in Financing Bai' Bitsaman Ajil according to the Fiqh Muamalah Perspective. This study uses descriptive qualitative methods to describe events (phenomena) or conditions of the observed object. The application of fines to BBA transactions can be carried out but with the aim of protecting the rights of financiers and according to the DSN-MUI fatwa Number 17/DSNMUI/IX/2000 concerning penalties in the form of fines for financing recipients who are able but delay or take time to fulfill their obligations.

Produk E-Money Bank Syariah dalam Perspektif Kajian Islam

Produk E-Money Bank Syariah dalam Perspektif Kajian Islam

Akad Wakalah bi al-Istitsmar dalam Kajian Hadis Ahkam

This paper is a thematic study of hadith, the hadith used is a hadith narrated by Urwah, telling when the Prophet gave and represented the purchase of a sacrificial goat, Urwah multiplied the profit with the value of one dinar from the Prophet getting two goats and reselling one of them so that his capital returned. This hadith is a type of legal hadith which is the main argument for the wakalah al-istitsmar contract. So this paper reveals how the hadith of Urwah and its application to the present wakalah al-istitsmar contract. The method used in disclosing it is by using the thematic hadith method, and ends with an analysis of the contents of the hadith and DSN MUI's fatwa regarding wakalah al-istitsmar. If the Urwah Hadith is related to the DSN MUI fatwa, it is found that there are three relationships, namely the Urwah Hadith only describes representatives as individuals, and in current developments, there are representatives who are trade organizations and institutions, second, the hadith shows the form of wakalah al-istitsmar muqayyadah, and the three representatives must carry out their representatives in investing while still complying with sharia regulations.

Maqâshid al-Sharî‘ah Review of the Implementation of Sharia Franchise at 212 Mart Bandar Lampung, Indonesia

This article aims to analyze the fulfillment of maqâshid al-sharî'ah towards the implementation of sharia franchises at 212 Mart Bandar Lampung. The theory of maqâshid al-sharî'ah is a theory that becomes a benchmark in analyzing a new phenomenon in society which aims to make it relevant to the rules in Islam. The problems in this study include how the indicators are used by franchisors who claim to apply Sharia principles and how to implement franchises that apply Sharia principles when viewed from maqâshid al-sharî'ah. The purpose of the discussion in this study is to determine the fulfillment of maqâshid al-sharî'ah in the 212 Mart Bandar Lampung shari'ah franchise. The research method uses qualitative methods with an empirical juridical approach. The results of the study show that what is implemented by 212 Mart Bandar Lampung has fulfilled the elements of dlarûriyyât, hajiyyât, and tahsîniyyât although there are still things that need to be adjusted to the basic rules for determining ujroh following the DSN MUI Fatwa that applies in Indonesia.

Analisis Pelaksanaan Akad Murabahah Sembako pada Koperasi Aisyiyah Tanjungbalai

The purpose of this study is to determine the implementation of the Murabahah contract that occurs in the Aisyiyah Tanjungbalai cooperative. This type of research uses a qualitative approach with a descriptive design. The type of descriptive research method used is data collection techniques using observation and interviews. The data obtained is then processed in the form of text which is outlined and presented in descriptive or narrative form. The subjects of this research are the members and management of the Aisyiyah Tanjungbalai cooperative. The results of this study explain that the cost of goods sold and profits are not mentioned when purchasing basic necessities on the grounds that each type of basic food has a different price and often experiences price changes. However, the total cost of goods sold and profits will still be notified at the annual member meeting. This has caused the Aisyiyah Tanjungbalai cooperative not to fully implement the scheme and pillars of the murabahah contract in accordance with the DSN-MUI Fatwa No.4 of 2000 concerning Murabahah, where the ba'i almurabaha contract is a sale and purchase contract for an item by confirming the purchase price to the buyer and the buyer pays the price. which is more as profit.
 Keywords: Murabahah Contract, Syari'ah Cooperative

MURABAHAH FINANCING MECHANISM IN SHARIA CONSUMER COOPERATIVE MITRA NIAGA SEJAHTERA LAMBARO ACEH BESAR, INDONESIA

One of the financial institutions that contribute effectively to channeling business capital financing is the Sharia Consumer Cooperative Mitra Niaga Sejahtera located in Lambaro Aceh Besar. This institution is supervised by the Sharia Supervisory Board which is tasked with overseeing the operations and practices of LKS in order to adhere to sharia principles. This research examines murabahah financing and looks at the extent of the supervision of the Sharia Supervisory Board at the Mitra Niaga Sejahtera Sharia Consumer Cooperative. So that it raises questions about the murabahah financing mechanism based on the DSN MUI Fatwa Review. In this study the authors used a type of qualitative research and produced data in the form of descriptive analysis. Data collection techniques using interview techniques in the field and documentation. The results of the research obtained that the initial mechanism to become a member / prospective member of murabahah financing is by submitting application for murabahah business capital financing with predetermined conditions, ensuring that murabahah financing is on target, checking the pillars such as contracts, parties to the transaction, objects, objectives and benefits of the financing.

Fatwa DSN-MUI No. 04/DSN-MUI/IV/2000 tentang Murabahah: Refleksi Kritis terhadap Implementasi BSI Dimensi Ekonomi Islam

This research aims to examine the Implementation of DSN-MUI Fatwa No. 04/DSN-MUI/IV/2000 concerning Murabaha in terms of Islamic economic aspects. This type of research is descriptive qualitative to explain narratively the results of research that are more concrete and in-depth. The approach used is normative, namely studying the DSN MUI fatwa regarding murabahah contracts in mortgage products implemented by Bank BNI Syariah Parepare Branch, which today has transformed into Bank Syariah Indonesia. The research results were obtained by observing and using direct interviews with informants. The results of the study found that the housing implementation of Indonesian Islamic Bank (BSI) mortgage products was in line with the DSN-MUI Fatwa No. 04/DSN-MUI/IV/2000 concerning Murabaha which is based on the context of the customer's needs to realize falah welfare together based on the principles of Islamic economics.

Restrukturisasi Pembiayaan Bermasalah pada Perbankan Syariah di Masa Pandemi Covid-19: Perspektif Fatwa MUI dan POJK

The current restructuring has been extended until 2023 due to micro, small and medium businesses are still affected by Covid-19. This study aims to find out and analyze the application of BTN Syariah KCS Pasar Minggu regarding the restructuring of troubled financing on mortgage products based on POJK number 11/POJK.03/2020, POJK Number 48/POJK.03/2020, POJK Number 17/POJK .03/2021 and DSN MUI Fatwa Number. 48/DSN-MUI/II/2005. This study uses a descriptive qualitative research method. with the subjects taken were Unit Head Collection, Staff Collection and Customers. This study used primary and secondary data sources with interviews, observation, and documentation data collection techniques. The results of this study indicate that the restructuring policy made by the OJK helps improve the economy in Indonesia with customers who can extend payment terms from the bank so that they can fulfil their payment obligations at a predetermined time. In addition, the restructuring provisions stipulated by the DSN MUI are implemented very well and reflect sharia financial practices that align with the main objective of sharia (Maqashid al-shariah) and strengthen the national economy.

PENGELOLAAN DANA PENSIUN SYARIAH MENGGUNAKAN AKAD MURABAHAH DI BANK SYARIAH MANDIRI

The goal of this study is to examine the mechanism of the murabaha contract as it is enforced in BSM and its applicability in the National Sharia Fatwa Council (DSN) of the Indonesian Ulema Council (MUI) No: 04/DSN - MUI/IV/2000 about General Provisions on Murabahah Contracts. The study technique employed is descriptive qualitative, with data gathering methods based on primary data acquired from Fatwa BSM and DSN-MUI official websites, as well as secondary data sourced from related articles and journals. The results of the research are that the mechanism for managing pension funds for murabahah contracts is very flexible, starting with the customer's will and BSM's approval, then BSM takes over from TASPEN and then the funds are disbursed. and the mechanism for changing the pension fund agreement has met the standardization of the DSN-MUI Fatwa Number 4 of 2000.

Legal Politics of the Existence of Fatwa in Islamic Financial Institutions: Evidence from Indonesia

The existence of the DSN-MUI Fatwa cannot be separated from the political situation of Indonesia and the legal politics of the formation of Islamic economic regulations. At the end of Soeharto's presidency, the government began to listen to the aspirations of Muslims to incorporate sharia values into legislation. This research aims to examine the background of the issuance of Fatwa DSN-MUI through a legal political approach, and examine the legal position of Fatwa DSN-MUI in Islamic financial institutions. The type of normative research whose object of study is Fatwa DSN-MUI using statute approach, conceptual approach, and historical approach. Sources of legal and non-legal materials were obtained from literature and documentation studies. The existence of Fatwa DSN-MUI is caused by two factors, namely: First, the existence of regulations that require every Islamic financial institution to carry out its business activities in accordance with the Fatwa DSN-MUI; and Second, the development of product innovation in every Islamic financial institution that requires Fatwa DSN-MUI as norms and operational guidelines that govern it. Therefore, the position of Fatwa DSN-MUI in legal substance is morally and legally binding for all Islamic financial service business actors. The binding of the DSN-MUI Fatwa is due to the existence of orders from the legislation. This is differentiates the Fatwa of DSN-MUI from other religious fatwas.