ANALISIS TERHADAP PELAKSANAAN AQAD PEMBIAYAAN DENGAN PRINSIP MUDHARABAH PADA BANK SYARIAH DALAM KAJIAN UU NO. 21 TAHUN 2008 TENTANG PERBANKAN SYARIAH

Abstract

The Mudharabah Financing Agreement is based on trust, with another
understanding that the investor will hand over the funds to the fund manager
party after the investor is sure that the borrower of the capital both skillfully and
morally is trustworthy to manage the capital provided with his expertise and will
not manipulate the capital. However, it does not mean that in the implementation
of the mudharabah agreement the fund management party is released from the
guarantee system or there is third party who guarantee it. This is done in order to  create justice among customers / mudharib and the bank so it can protect
themselves from the loss.
The problems in this research are how the implementation of mudharabah
financing agreement in Sharia Banks, how the Banks solve the in trouble
mudharabah financing in Sharia Banks, what sanction is implemented to
mudharib if they break the agreement in Mudharabah financing agreement.
To answer the above problems, this study uses juridical normative method
qualitatively by analyzing primary, secondary and tertiary data as well as
interview materials therefore produces the answer of each problems given.
Based on the research it can be concluded that, among others, the
arrangement of mudharabah financing agreement is based on the holy Al-Qur'an,  Al-Hadist, National Sharia Fatwa Council of MUI, Act No. 21 Year 2008 on
Sharia Banking and Act No. 10 Year 1998 About Banking.