EKSISTENSI AGUNAN DALAM PEMBIAYAAN MUDHARABAH PADA LEMBAGA KEUANGAN SYARIAH

Abstract

he concept of mudharabah in sharia financial institutions is not fully in
accordance with the concepts in classical fiqh. such as Sharia Financial Institutions
(LKS) applying the concept of mudharabah in financing, the bank acting as shahibul
maal ask for a guarantee or collateral to mudharib, whereas according to some Imam
Madzhab forbade it. The National Sharia Council (DSN) is an institution in which it
consists of scholars, practitioners and experts in its field, who are given the task of
instilling Syar'i values in products run by LKS and monitoring all transactions applied in
LKS. Implementation of guarantee on mudharabah financing based on DSN fatwa no. 0
7 DSN-MUI / IV / 2000. The existence of Collateral is basically not an obligation, in the
process it becomes a must when customers want to get financing. This is what underlies
the author to see the existence of collateral in mudharabah financing in LKS. This
research is a descriptive analytic research using data about mudharabah financing
contract implementation, books, documents, works, or writings relevant to this study
then analyze it from the perspective of Islamic law