Wakalah Contract Research Articles

Transcendental Ethics between Islam and the West: An Analysis of the Fatwa of the National Sharia Council of the Indonesian Ulema Council on Usury in Murabahah

Objective: This study aims to analyze the aspects of transcendent ethics between Islam and the West as material for analyzing the aspect of usury in the DSN-MUI fatwa on murabahah. Theoretical Framework: This paper used the philosophy of axiology or philosophy of values as a theoretical framework. It also uses the prophetic paradigm. Method: This study uses a normative-philosophical legal research method. The type of data is secondary with a literature review to obtain data. While the data analysis uses descriptive analysis, interpretation, and hermeneutics. Results and Discussion: The results of the study show that the fatwa on murabahah, especially those related to the regulation of usury as stated in the DSN-MUI fatwa No. 04/DSN-MUI/IV/2000, shows that Islamic ethics is still mixed with western ethics, especially Protestant ethics in Max Weber's understanding. This happens because there is a clause in the general provisions that allows customers to buy their own goods using the wakalah contract. Research Implications: The implication is that researchers must be more and more productive in discussing and writing about murabahah. This research is limited to the DSN-MUI fatwa and ethics to understand usury in murabahah so it needs to be expanded again with other aspects, such as contracts, guarantees, discounts and others. Originality/Value: Research on murabahah and the DSN-MUI fatwa has been widely conducted by researchers both in Indonesia and the world. However, research that discusses aspects of Islamic and Western ethics as a barometer for assessing fatwas is still very rarely conducted by researchers. So, this research is very important to add references and different perspectives to assess fatwas.

Solusi Akad Murabahah bil Wakalah Pada Perbankan Syariah di Indonesia

A country's economic development can grow if its business sector is doing well. To maintain the existence of business growth, a source of financing capital is needed. This research aims to critically examine the murabahah bil wakalah financing contract in Islamic banking and provide solutions to these problems. This research uses a qualitative method. This study is descriptive analytic in which data collection is carried out by reviewing the literature then analyzing and interpreting the content to produce conclusions and recommendations. The results of the study suggest that there are several problems that occur in the murabahah bil wakalah contract, including goods that are not fully owned by the bank, moral hazard in customers, and an explanation of the cost and profit. The solution is that banks are expected to form a special unit to purchase goods for customers, the need to emphasize the contract at the beginning of the transaction to prevent moral hazard, and the activeness of the sharia supervisory board in overseeing all transactions carried out at Islamic banks.

Optimasi Pembiayaan Haji Di Indonesia: Peran Kontrak Wakalah

The increase in Hajj registrants in Indonesia has led to the need for efficient and transparent management of Hajj funds. State regulations and Sharia principles must be adhered to when using Wakalah contracts for efficient management of Hajj funds. The aim of this research is to clarify the legal framework surrounding the Wakalah contract so that its implementation is more effective and optimizes the management of Hajj funds both in the context of sharia and state law. This research uses a normative juridical method, namely data is analyzed and processed systematically, logically and critically, using a normative approach and based on regulations, doctrine, legal principles and other relevant supplementary materials. Based on these findings, data was analyzed and a strong legal framework and sharia principles can maximize benefits for Hajj pilgrims and encourage cost-effective management of funds. Collaboration between Islamic banking institutions and Hajj regulators can also help overcome existing challenges. This research offers a deeper understanding of the benefits of ownership, Wakalah principles, as well as relevant legal and Sharia aspects, thanks to its careful methodological approach. Its unique contribution lies in its focus on beneficial ownership, a comprehensive examination of legal and sharia considerations, and the development of a practical framework for improving Hajj financial management in Indonesia.

Hajj Financing Models: Fiqh Analysis of Payment Contracts for Hajj Funds at the Ministry of Religious Affairs in Indonesia

Hajj is the perfecting of the pillars of Islam of a Muslim, the fifth pillar of Islam, and is carried out for those who are able. In Indonesia, the hajj is organized by the Ministry of Religious Affairs (MORA) in Jakarta and the regional offices of MORA throughout Indonesian provinces. To repay funds, prospective pilgrims do so at the bank receiving the BPS-BPIH hajj deposit. The contract used when registering prospective Pilgrims is a wakalah contract. However, when they come to the bank, the bank will ask them what contract will be applied, whether wadi'ah or murabahah. This research aims to disclose the Payment of Funds for prospective Hajj Pilgrims and analyze the principles of the contract applied in the repayment of funds for prospective pilgrims. The type of research used is field research with qualitative methods using descriptive analysis. The data sources in this study are primary and secondary data, then use descriptive data analysis as material for research findings. There are two findings in this study. The first is the agreement on the repayment of the Hajj Pilgrim Candidate Fund, which starts from the Wakalah contract between prospective Pilgrims with the Ministry of Religious Affairs, then the Wadi'ah and or Mudharabah Contract between prospective Hajj Pilgrims with BPS-BPIH, and the Ijarah Mausufah fi Dzimmah agreement between prospective Pilgrims represented by the Ministry of Religious Affairs and BPKH as the Hajj fund manager. Second, the fiqh analysis of the principle of the contract applied to the Repayment of The Hajj Pilgrim Candidate Fund is Wakalah and is appropriate as it should be, but what needs to be considered is the understanding of prospective Pilgrims for the contracts that have been applied.

Pemetaan Model Penerapan Murabahah Di Perbankan Syariah: Analisis Terhadap Konsistensi Fiqih Muamalah Dan Implikasi Akad Wakalah

This study investigates the model of implementing murabahah contracts in Islamic financial institutions, focusing on consistency with the principles of muamalah fiqh and the implications of wakalah contracts. The research method used is descriptive and qualitative analysis of various legal documents, sharia literature, and field practices in Islamic banking. The results of this research show that there are three models of murabahah application in the Islamic banking industry. The first model followed muamalah fiqh consistently. The second model is almost similar to the first model, but there are differences related to direct ownership of goods from suppliers to customers and payments made directly by banks to sellers. While the third model involves customers in a Murabahah contract with the bank, while customers also make a wakalah contract to buy their own goods. The third model is currently widely discussed because the Murabahah contract is carried out without ownership of goods by the bank, even though ownership itself is a legal condition of murabahah according to DSN-MUI. In this finding, the murabahah contract and the wakalah contract are carried out simultaneously without the goods belonging to the bank first.

JUAL BELI ONLINE DROPSHIPPING DALAM PERSPEKTIF FIQIH MUAMALAH KONTEMPORER

This research tries to uncover online buying and selling with a dropshipping system. Buying and selling online with a dropshipping system is a business selling products where the seller or dropshipper does not have to own the product to be sold. Dropshipping can also be interpreted as a buying and selling transaction system where the dropshipper can determine the price of an item that is not owned, but after receiving an order for goods from the dropshipper buyer directly buys goods from the supplier and sells them to the buyer according to the price determined by taking advantage of the difference the purchase price from the supplier with the selling price to the buyer. The dropshipping system in buying and selling online fulfills the requirements and pillars of the legality of buying and selling according to Islamic law. Buying and selling online dropshipping in its implementation is carried out with two contracts, namely the salam contract and the wakalah contract and also by modifying the consent and qabul. This conclusion is based on the author's conclusions and studies on the practice of buying and selling online with the dropshipper system. The method used in this study is a qualitative analysis method through library research with a descriptive normative approach.

Implementasi Akad Syariah Dalam Surat Perjanjian Pada Produk KPR Syariah IB Hebat Di BPRS Dana Amanah Surakarta

BPRS Dana Amanah Surakarta is the second BPRS in Surakarta. The need for housing is a primary need and until now houses are still a rarity for most Indonesian people. Not everyone can afford to buy a house in cash. In connection with the collaboration between BPRS Dana Amanah Surakarta and PT Sarana Multigriya Finansial (Persero) as a secondary housing finance company, and in order to realize the community's need for home ownership, BPRS Dana Amanah Surakarta issued KPR Syariah iB Hebat product. Sharia Mortgage (KPR) is a type of service provided by BPRS to customers to obtain housing loan financing based on a sharia contract. This research aims to describe the implementation of sharia contract in the letter of agreement on KPR Syariah iB Hebat products at BPRS Dana Amanah Surakarta. This research used a qualitative approach, descriptive, field research. The results obtained, the implementation of contract agreements in BPRS must pay attention to legal aspects and positive legal regulations which have a very important position so that they can provide legal basis and prevent risks that have an impact on BPRS, on the other side, sharia principles must also be considered in implementing these agreements. The contract used in the KPR Syariah iB Hebat product at BPRS Dana Amanah Surakarta is a murabahah contract (Fatwa DSN-MUI No: 04/DSN-MUI/IV/2000 concerning Murabahah), istishna’ parallel (Fatwa DSN-MUI No: 22/DSN-MUI/III/2002 concerning Sale and Purchase of Istishna’ Parallel), and musyarakah mutanaqishah (Fatwa DSN-MUI No: 73/DSN-MUI/XI/2008 concerning Musyarakah Mutanaqishah). The provisions listed in the Fatwa DSN-MUI are then compiled into a letter of agreement, namely the letter of agreement that used murabahah without wakalah contract, murabahah bil wakalah contract, istishna’ paralel contract, and musyarakah mutanaqishah contract.

The Analysis of Murabahah bil Wakalah Agreements Implementation Consistency toward Sharia Financial Institutions in Indonesia

Murabahah bil wakalah is buying and selling using the wakalah system. In this buying and selling system, the seller represents his purchase to the customer, thus the first contract is a wakalah contract after the wakalah contract ends which is marked by the delivery of goods from the customer to the Sharia Financial Institution (LKS), then the institution provides a murabahah contract. The practice of murabahah bil wakalah financing in several LKS, namely at PNM Mekaar Syariah West Aceh Branch, Bank BRI Syariah KCP Majayala, KSPPS Istiqamah Padang Panjang, Bank DKI Head Office, and Bank Mualamalat Indonesia Malang Branch . This research is deemed necessary to formulate how the Murabahah bil wakalah agreement should be applied in financing so as not to violate the rules of muamalah fiqh. Meanwhile, this research method uses a normative juridical research type with a statutory approach and a conceptual approach. The results of this research show that the murabahah financing practices in several LKS above do not meet the pillars and requirements of murabahah as stipulated in Islamic law. So it is doubtful that the sharia value of the contract carried out is formally something that is not fulfilled.

Analysis Of the Implementation of The Hybrid Contract Murabahah Bil Wakalah Agreement System in Griya Madani Financing Reviewed from Fatwa DSN No.04/DSN-MUI/IV/2000: Study at PT BPRS Metro Madani, Jatimulyo Branch Office

Purpose: PT BPRS Metro Madani Jatimulyo Branch Office offers a product called Griya Madani which is a combination of two types of contracts in one agreement, namely the murabahah bil wakalah contract (by order). Murabahah is a sale and purchase of the cost of goods plus a margin as profit from the seller. Along with its development, the murabahah contract was included in Islamic bank financing and combined with the wakalah contract so that it was known as murabahah bil wakalah. The provisions of murabahah bil wakalah are contained in Fatwa Number 04/DSN-MUI/IV/2000 point nine which among other things stipulates that when a bank wants to sell an item, the item must in principle become the property of the bank first. The purpose of this study was to analyze whether the hybrid contract murabahah bil wakalah contract system on Griya Madani financing at PT BPRS Metro Madani Jatimulyo Branch Office which was implemented at PT BPRS Metro Madani Jatimulyo Branch Office was by Fatwa Number 04/DSN-MUI/IV/2000 Methodology: The research method used a qualitative research method with a descriptive approach. Findings: The results of this thesis research conclude that the application of the hybrid contract murabahah bil wakalah contract system contained in the Griya Madani financing at PT BPRS Metro Madani Jatimulyo Branch Office is by Fatwa Number 04/DSN-MUI/IV/2000 concerning murabahah.

Analisis Produk Pembiayaan Mitraguna di Bank Syariah Indonesia (BSI) Kantor Cabang Pembantu (KCP) Banjarnegara Berdasarkan Fatwa DSN MUI No:04/DSN/MUI/IV/2000 Tentang Murabahah

Banking is an institution that has an important role in helping meet people's living needs. Sharia banking is a very effective alternative for carrying out banking transactions without interest. Because, sharia banking is part of sharia financial institutions which have various financing products and services and are run based on sharia principles. One of the financing products provided by sharia banks is partner financing with a murabahah contract which aims to meet the consumptive needs of the community in a halal manner and based on sharia principles. Therefore, the main problem taken in this research is the mechanism of partner financing at Bank Syariah Indonesia (BSI) Banjarnegara Sub-Branch Office (KCP) as well as the analysis of partner financing products therein based on DSN MUI Fatwa No: 04/DSN/MUI/IV/ 2000 Concerning Murabahah. This research is field research, namely research that explores data from the field by interviewing sources using qualitative descriptive methods. Primary data was obtained by interviews while secondary data was taken from books or articles related to research. The data collection process was carried out using observation, interviews and documentation methods. Test the validity of the data using source traingulation and techniques. The results of this research show that partner financing products are implemented in four stages, namely: submitting a financing application, assessing the feasibility of financing, checking files/verifying data, and disbursing financing. And partner financing products at Bank Syariah Indonesia (BSI) Sub-Branch Offices (KCP) are generally in accordance with DSN MUI Fatwa No:04/DSN/MUI/IV/2000 concerning Murabahah. However, there are points that are not appropriate, namely in the implementation of the wakalah contract which should be carried out before the murabahah contract.

Marriage with the Transfer of a Nasab Guardian to Teungku Dayah According to Islamic Law

This research was motivated by a case in the Ingin Jaya District, Aceh Besar Regency, where there was a marriage with the transfer of the nasab guardian to Teungku Dayah in accordance with Islamic law. A wakalah or transition contract is essentially a contract used by someone if the guardian of the nasab marriage needs someone else to do something that he cannot do himself and asks someone else to do it with the consent of both parties. Therefore, the researcher is interested in researching what factors led to the transfer of marriage guardianship from the nasab guardian to Teungku Dayah and what Islamic Law provisions mean for the process of transferring the nasab marriage guardian to Teungku Dayah. The research methods used are field research and library research. The results of the research state that provisions in Islamic law allow transition or representation to Teungku Dayah due to various factors including ungodly abandoning Allah SWT commands such as abandoning obligatory prayers, carrying out Allah SWT prohibitions such as disobedience, gambling, nervousness or embarrassment in public, old age such as being senile, his eyes are blurry, and his body is shaking. Furthermore, the view of Islamic law regarding the process of transferring the guardian of the nasab marriage to Teungku Dayah is a process that must be gone through, namely that the guardian of the nasab and the person who replaces the position of guardian of the nasab must carry out a wakalah contract before the marriage takes place. The legal transition was carried out because it was seen as a form of mutual help based on goodness and piety commanded by Allah SWT and His messenger.

Juridical Basis of Murabahah Bil Wakalah Contracts at Islamic Banks

The wakalah agreement that appears in financing schemes in Islamic banks becomes a series with the murabahah agreement. This series of contracts then appears in financing in the form of a murabahah bil wakalah contract. The specific purpose of this research is to find out and analyze the juridical basis of the murabahah bil wakalah contract in positive law and Islamic Law in Indonesia. This research is categorized as legal research with a normative juridical method. The normative juridical approach used is the statute approach. The data collection method in this research uses cross methods, namely literature study, observation and interviews, according to the types and sources of data needed. Until now, there are no rules governing murabahah bil wakalah as a unit in Islamic bank financing products, both rules in positive law and Islamic law in Fatwa DSN MUI. Therefore, the juridical basis for murabahah bil wakalah financing comes from the juridical basis for each murabahah contract and wakalah contract, whether from the Law, Regulations of the Financial Services Authority of the Republic of Indonesia, or other laws and regulations, as well as Fatwa DSN MUI.

Use of Hajj Funds for Infrastructure Development: A Review of Deposit Contract and Use of Hajj Funds

Objective: This study aims to determine the use of the pilgrimage fund deposit contract that has been done and to know the use of the pilgrimage fund for infrastructure development that should (study of the deposit contract and the use of pilgrimage funds). With the focus of research on the pilgrimage fund and the use of hajj funds in view of Islamic economic law that will be used to finance infrastructure development. Methods: This research is a qualitative research. This type of research is normative legal research. The approach in this research is analytical descriptive, revealing the statutory regulations regarding the hajj pilgrimage contract and the use of hajj funds in terms of sharia law, the 1945 Constitution of the Republic of Indonesia and the laws of the Republic of Indonesia. Legal materials are collected using a documentation system. Data collection used in the form of library research and study documents. Results: The results of the study show: First, the contractual time that exists between prospective pilgrims and BPKH as the Hajj financial manager must meet the requirements of the contract, that is, there must be consent or offer (ijab) and an acceptance (kabul). The Hanafi scholars require the consent and Kabul in each contract while the scholars from Maliki, Syafi'i and Hanbali in addition to requiring consent/offer and acceptence in each contract also requires that the parties in contract (muwakkil) the party giving the power of attorney and (wakiil) representatives of the recipient must at least less mumayyiz and ingenious, and the object or the goods of the contract must be something that is lawful according to syara. Secondly, with a wakalah agreement in accordance with syara ', the existing hajj funds can be used by BPKH as the hajj pilgrims representatives to manage the funds that have been deposited and entrusted. Suggestions: BPKH (Hajj Financial Management Agency) needs to make improvements to the wakalah contract between prospective pilgrims for Hajj fund deposits with BPKH who meet the requirements for consent and qabul by creating a new standard form that accommodates clear and clear consent and qabul from the candidate. pilgrims and BPKH.

Analisis Perjanjian Kredit Syariah Dikaitkan Dengan Mekanisme Penyelesaian Sengketa di PNM Mekaar Syariah

This study explains how dispute resolution in PNM Mekaar Syariah is based on the agreement. This study uses an empirical juridical legal research method with a descriptive analytical legal research type. Primary data is obtained directly from the source through interviews, observations, and unofficial reports which the author then processes. Then secondary data comes from books and laws, and regulations. An agreement is an agreement between two or more parties to do something. In Islamic Law, this agreement is called akad. There are many types of contracts in Islamic Law, such as Murabahah Contracts and Wakalah Contracts. This study discusses sharia credit agreements that use Akad Wakalah and Akad Murabahah which are then linked to the dispute resolution mechanism at PNM Mekaar Syariah. There is a combination of a wakalah contract and a murabaha contract which can reduce the meaning of the murabaha contract itself. However, inclusion of a wakalah contract in murabahah financing becomes valid if the authorization (wakalah) is made before murabahah financing occurs. The contents of the contract must include a dispute resolution mechanism, if a dispute occurs it must be resolved in accordance with the contents of the contract agreed upon by the parties to the contract. Deliberation is the first step in resolving disputes at PNM Mekaar Syariah, if the deliberation is not successful then it will be followed by making a lawsuit to the Religious Court. PNM Mekaar Syariah uses the Islamic legal system which makes its dispute resolution through the Religious Courts.

Analysis of the Murabahah contract financing system on People's Business Credit (KUR) at PT. Bank Syariah Indonesia Kcp. Sukabumi Sudirman

Murabahah financing is a transaction of selling goods by stating the acquisition price and profit (margin) agreed upon by the seller and buyer. Murabahah is a type of buying and selling that is permitted by sharia and is a business interaction or muamalat tijariyah. The legal basis for buying and selling Murabahah is found in the Qur'an, Al-Hadith and Fatwa of the National Sharia Council (DSN-MUI). Public knowledge about KUR financing has not been widely distributed, 7 out of 10 Prospective Customers do not know how the KUR application process is, Prospective Customers do not understand the KUR application procedure, Prospective Customers do not meet the requirements that have been set. This study aims to determine the Murabahah Financing System on People's Business Credit (KUR) and Analyze the feasibility of Murabahah Financing on People's Business Credit (KUR) at PT. Bank Syariah Indonesia Kcp. Sukabumi Sudirman. The method used in this study is qualitative research method with a descriptive approach. This study used primary and secondary data sources through observation, interviews and documentation. Based on the results of the study, it shows that the financing system for Murabahah contracts on People's Business Credit (KUR) uses a Murabahah bil wakalah contract. The system for applying for People's Business Credit (KUR) financing that is implemented at PT. Bank Syariah Indonesia Kcp. Sukabumi Sudirman is in accordance with the Standard Operating Procedures (SOP) set by the Financial Services Authority (OJK) which includes several stages, namely: the stage of submitting financing and verifying documents (Free Screening), the stage of financing analysis, the stage of visits (surveys), the stage of giving decisions (terms for financing approval), the stage of proof of documents and contracts, the stage of financing disbursement and the monitoring stage. In analyzing the feasibility of financing People's Business Credit (KUR) PT. Bank Syariah Indonesia has implemented the 5C Principles according to theory (M. L. I. Nasution, 2018), namely Character, Capital, Capacity, Conditions, Collateral (Guarantee).

MANAJEMEN RISIKO PADA PENERBITAN SUKUK USAHA KECIL MENENGAH (UMKM): PERSPEKTIF KAIDAH FIKIH

Crowdfunding services are institutions that can facilitate meetings between investors and small and medium enterprises (SMEs) who need funds through the company's digital platform. Investors who will invest through crowdfunding services can be converted into share ownership, debt ownership (bonds) or joint ownership (sukuk). Investors will get returns in the form of dividends or profit sharing from the company's profits which are distributed periodically. Meanwhile, SMEs get additional capital that is fast, easy and inexpensive to increase their business capacity.
 In doing business, of course everyone wants to get the maximum profit and minimize the risk of loss as small as possible. Risk itself is an inseparable part of life, because all activities must contain risks. One thing that can be done to minimize the risk of loss is to create a risk management strategy. Risk management is very important because it can maintain the continuity of the issuance of small and medium enterprise (MSMEs) sukuk by crowdfunding institutions. However, it is necessary to conduct a study to examine this in the perspective of fiqh rules
 The research method used in this study is a literature study. The tool to analyze it is the rule of fiqh (al kharja bidh dhaman) which means that profit is a reward for readiness to bear losses.
 In a mudharabah contract, profits and losses are shared. If the business is profitable, the investors and business actors will also benefit. If the business has incurred a loss, the investor and the business actor must both bear the loss. It is a mistake if the investor asks for the capital to be returned as long as it is not due to the carelessness of the business actor. Whereas in the wakalah contract, the person who receives power over the object being authorized must be a trustworthy person. The person who is given this mandate is not subject to dhaman (compensation) unless there is negligence.
 One way to measure unlawful risk mitigation practices is to use the al kharaj bidh dhaman rule. The parties to the contract should each have their own kharaj (rights) and dhaman (obligations). The practice of risk mitigation becomes problematic when there are parties who are safe from the risk or do not want to bear the portion of the risk that should be their responsibility. Bearing in mind that ownership creates rights and obligations, the rules for dividing the risk of loss are in accordance with the portion of ownership of each party. The bigger the portion, of course the bigger the risk that must be borne.

Islamic Economic Thought Has Existed Since The Time Of The Prophet Adam Alaihis Salam

Studies on the history of Islamic economics are still very rare, especially the study of Islamic economics before the Nubuwah period or the time of the appointment of the Prophet Muhammad as a Prophet and Apostle. The purpose of this study is to prove that Islamic economic civilization has existed since the time of the Prophet Adam sent by Allah to the earth. The method used in this study is a qualitative method with a research library, with a historical methodology approach. The results of the study said that Islamic economic civilization existed long before the Nubuwah era or the time of the appointment of the Prophet Muhammad SAW as a prophet and apostle. At the time of the Prophet Adam, there were very simple economic activities to meet their basic or primary needs. These economic activities are consumption, distribution and production. More and more economic functions were practiced during the time of Noah and Yunus, including the functions of transportation and trade. Even at the time of the Prophet Yusuf, there was already a supply and warehousing function. The time when Prophet Musa carried out economic activities more fully and in detail, namely when Prophet Musa a.s. met with two girls who were queuing to get their cattle to drink and then Prophet Musa offered himself as a representative (wakalah contract) to carry out the duties of the two girls. Furthermore, more intense cooperation in the field of livestock maintenance and development as employees (managers) and shahibul Maal (livestock owners). The economic functions at the time of the Prophet Muhammad were more complete, namely the functions of production, consumption, distribution, human resources and investment. Almost everything was lived by the Prophet Muhammad himself since the age of 8 years. The initial journey that the Prophet Muhammad had carried out was as a deputy at the beginning as a shepherd with a salary system, then as a mudharib in a trading business when the prophet Muhammad was not married, and then after marrying Khadijah the Prophet acted as a shahibul mall and at the same time an investor and this is when the Prophet Muhammad have a lot of time to think about the condition of society, at this time the Prophet had achieved financial freedom or freedom of money

Implementasi Manajemen Risiko Pembiayaan Murabahah bil Wakalah pada Peternak Sapi

The principle of buying and selling allows the distribution of funds through istishna, murabaha, or salam contracts. Murabahah is a popular method used in the economic activities of cattle breeders in Jabung (buying and selling). However, this type of financing still has potential risks. Therefore, risk management is a necessary stage to anticipate all possibilities that may arise. A case-study qualitative approach was adopted in this study. The primary data to be used is in the form of field documentation, interviews, and direct observation. BMT, AO, and SPV managers were the main interview respondents. The stages in this study consisted of data reduction and drawing conclusions. As for the validity of the data, the source triangulation technique was used. The results of the study found that there was murabahah bil wakalah financing in the activity of buying and selling livestock products (cattle) in Jabung. The financing begins with a murabaha contract and ends with a wakalah contract. However, this process is not in line with the Fatwa of the Sharia Council regarding murabahah bil wakalah. In addition, the management process assisted by BMT al-Hijrah includes planning, implementation, monitoring, and controlling. In addition, risk management includes risk management efforts during the murabahah bil wakalah financing process. The process includes risk identification, which is then handled by way of risk allocation to other parties through external cooperation.

Perspektif Hukum Ekonomi Syariah Terhadap Penerapan Akad Wakalah di UPZ IAIN Madura

Wakalah guard, guarantee, dependents, power of attorney. And also wakalah contract can be interpreted as the delegation of power by a person as the first party to another person as a second party in matters being represented (in this case the second party) only carries out something limited or the authority granted by the first party, but if the power has been carried out as required, then all risks and responsibilities for the implementation are fully carried out by the first party or the power of attorney. The research focus of this research is on the Application of Wakalah Contracts at UPZ IAIN Madura and how the application of Wakalah Contracts in the perspective of sharia economic law at UPZ IAIN Madura. In this study, the researcher used a qualitative research method, namely research that was intended to examine in a sharia way the application of the wakalah contract at UPZ IAIN Madura, where the phenomena experienced by subjects were empirical legal research or field research. Sources of data obtained through interviews, observation and documentation. The informant is the management of UPZ IAIN Madura (amil zakat). Then the data analysis technique used is starting from Data Reduction, Data Presentation and Conclusion. The research results of the wakalah contract applied at UPZ Madura are in accordance with the regulations of all UPZ IAIN Madura work programs which are in accordance with the meaning of the wakalah contract, namely the handing over of the mandate from muzakki to UPZ IAIN Madura. The requirement to become a manager must be truly trustworthy as one must be able to trust and be transparent in the management of ZIS finances (Zakat, Infaq and Sedekah). Muzakki who have donated their funds to UPZ IAIN Madura means that they have trusted UPZ IAIN Madura to be able to manage the funds from Muzakki. As a contribution from zakat managers which UPZ IAIN Madura must manage and distribute properly. Seeing from sharia economic law, the application of the wakalah contract at UPZ IAIN Madura has been carried out well. Because, looking at all aspects that occur related to zakat, infaq and alms, it is included in the special provisions in Islamic law. With this wakalah contract, Muzakki does not arbitrarily give trust to UPZ IAIN Madura to manage and distribute these funds to those in need. UPZ IAIN Madura provides funding facilities from orphans, the dhuafa and the poor/poor people

ANALISIS UPAYA PENCEGAHAN DAN PENYELESAIAN TINDAKAN SIDE STREAMING PADA PRODUK PEMBIAYAAN MIKRO DENGAN AKAD MURABAHAH BIL WAKALAH (STUDI KASUS BSI KCP PROBOLINGGO SUDIRMAN)

In several cases that have been found in several different places, the application of a murabaha contract accompanied by a wakalah contract in it has resulted in side-streaming actions by its customers. Where the existence of side-streaming actions carried out by the customer is considered to cause harm to the party concerned. However, it is different from what happened at BSI KCP Probolinggo Sudirman, where of all existing microfinance customers, there was no record of such side streaming actions. This research was conducted at BSI KCP Probolinggo Sudirman, with the aim of the research, namely to find out what are the efforts to prevent and resolve side streaming actions carried out on microfinance with a murabahah bil wakalah contract at BSI KCP Probolinggo Sudirman. This research is included in the type of case study research that uses a research approach in the form of descriptive qualitative methods. As well as using data collection methods in the form of observation, interviews, and literature studies. From the results of this study, it is known that efforts to prevent side streaming carried out by BSI KCP Probolinggo Sudirman include conducting BI checking analysis, 5C analysis, and making visits at the same time as requesting receipts/receipts of purchase of goods. As for the settlement steps that have been prepared, they are adjusted to the level of fraud committed by the customer.