PENERAPAN AKAD JUAL BELI MURABAHAH TERHADAP PEMBIAYAAN KENDARAAN BERMOTOR PADA BANK SYARI’AH

Abstract

The aim of this research is to find out the implementation of sale agreement of murabahah to vehicle financing at Syari'ah Bank "X" Amuntai which is considered no different from credit product at conventional bank. In practically, murabahah financing in Syari'ah Bank "X" Amuntai as the seller gives freedom way to the customers to find any things or vehicles of their own wanted. From this case, the bank acts only as a provider of funds to the customers, and the position of the customer is not as a buyer but as a user of the financing services provided by the bank. Of course it is different from the theory of fiqih muamalah which the bank as the seller looking for things ordered by the customer as a buyer.

The method of the research is Field Research. The research in this study is analitical descriptive, collected data are observations from the beginning to the end then displays the facts through data collection techniques. After the primary data collected obtained through interviews and observations then the problems and discussion displays descriptively qualitative. The solving of the problem in this research use normative approach related to fiqih muamalah about murabahah.

The results of this research conclude that in the classical fiqh, sellers (banks) buy things directly from the first seller. However, in practice Shari'ah bank "X" Amuntai did wakalah agreement with the customers on the reason that the bank does not has a storehouse to save the things/goods. Therefore, the bank as the seller gives power to the customer as the buyer to buy the things. The bank gives the right to the customer to become a representative to buy things/goods in cash one. In this case, the Shariah Bank "X" gives some money for the costomer but it is not things. In accordance with the Fatwa of MUI No.04/DSN-MUI/IV/2000 April 1st 2000, decides that if the bank wishes to represent the customers to purchase things from third person, then the sale and purchase transaction must be done after the things in principle become the property of the bank. In other words, the granting of power (wakalah) from the bank to the customer or any third person should be done before the sale and purchase transaction of murabahah occurs.